You don’t hear it often that someone wishes that they’d never been born, well, at least not literally. But, very few people actually have taken this matter to court.
This story is about a young woman, Evie Toombs, who recently decided to go to court for this. In this case, Evie successfully sued her mother’s doctors, who allowed her to be born when they shouldn’t have.
Evie is an amateur showjumper who has won many awards
Evie has loved horses pretty much her entire life, and began show jumping for the first time in 2012. Ever since, she’s gotten on many podium finishes, and she has even become an ambassador for the community of her sport.
It may not be noticeable, but Evie lives with a chronic illness
Evie has been living with Spina Bifida her entire life, which is a defect of the spine where a part of the spinal cord is exposed by a gap in the backbone. As a result, Evie has to be connected to various tubes every day.
In November 2021, Evie could file a case for one-of-a-kind damage
In this legal case, Evie decided to sue her mother’s general practitioner, called Dr. Philip Mitchell, for “wrongful conception.”
She claimed that Dr. Mitchell had failed to give proper advice to her mother, Caroline Toombs, regarding the vital supplements that she had to take while attempting to get pregnant.
The doctor failed to convey Caroline to take folic acid
Why folic acid? These supplements help to minimize the risk of Spina Bfida. If Dr. Mitchell had explained this to Evie’s mother, she wouldn’t have attempted to get pregnant, and as a result, Evie would have never been born.
On 1 December 2021, the judge ruled in favor of Evie
Judge Rosalind Coe said that if Caroline Toombs had been “Provided with the correct recommended advice, she would have delayed attempts to conceive. In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child.”
After the judge’s decision, Evie was entitled to a huge payout
When it was asked what figure she would be paid, Evie’s lawyer refused to mention the amount, but they stated that it would be big enough to cover the costs of her lifelong care needs.
Precedent has been set
Now that Evie’s ruling had taken place, it was possible to hold healthcare professionals liable for giving negligent pre-conception advice, when a child happens to be born with a serious health defect.
Return to court to settle the payout
In the new year, her case is going to return to court to settle the amount that Evie is going to be paid. However, there could’ve been a way to avoid a legal dispute, but that could’ve only been if both parties were able to come to terms to an agreeable settlement.
Until then, Evie’s main goal is to remain focused on horses, and raising awareness for those with illnesses that are invisible to the eye.
Change through the E.N.D. Campaign
E.N.D. stands for “Educate Not Discriminate”. Evie said that she does this by raising awareness, because she doesn’t want anyone to go through the same struggle if something can be done to help them on their way.
Everyday blog about her life and struggles since she was 12
Evie said: “I write my blog to share my journey as a para showjumper and teenager with health conditions, and also the work I do and progress achieved within the foundation.”