Para-showjumping’s star has been awarded millions of dollars in damages by her mother’s GP.
Evie Toombes (20 years old) was born with spina bifurca and spends up to 24 hours a day connected up. However, she has made a successful career as a showjumper, competing against disabled and able-bodied competitors.
She sued her mother’s doctor, Dr Philip Mitchell last month for failing to give her the necessary supplements to help her get pregnant.
Caroline Toombes claimed she was told by her doctor that she must take folic acids supplements in order to reduce the chance of her baby suffering from spina Bifida. Evie would not have been born if she hadn’t done this.
In a historic ruling, Judge Rosalind coe QC supported Evie and gave her the right of a large compensation payment.
Evie’s attorneys stated that Evie is not entitled to any money yet, but later confirmed that Evie would receive a large sum of money as it would help her with all her care costs.
Evie Toombes (pictured with Caroline Toombes), was a child of Evie Toombes. Evie stated that if her doctor had told her that her mother needed to take folic acids supplements in order to reduce the chance of her baby suffering from spina bifida, then she would not have waited to get pregnant. Evie wouldn’t have ever been born.
Evie Toombes (20), was born with spina bifida and has made a successful career as a showjumper, competing against disabled and able-bodied competitors.
Susan Rodway, her barrister, told the court that she had filed suit for “wrongful conception” and “having been given birth in a distressed state.”
Judge Ruling found that Dr Mitchell did not tell Mrs Toombes of Skegness in Lincolnshire about the importance to take folic acid before becoming pregnant.
She would have been advised to delay conceiving and had an alternative, completely healthy baby. The judge stated.
The court was informed that Mrs Toombes, a 50-year old woman who loves horses and went to Dr Mitchell’s Hawthorn office to talk about her plans for having her first child in February 2001.
Mrs Rodway stated to the judge that it was an extremely important decision for her to have a family since she lost her parents at a young age.
“They stopped having sexual intercourse before they got advice from the consultation.”
Mrs Toombes stated that, even though she discussed folic acids during her consultation, Dr Mitchell didn’t tell her of its importance for spina bifida preventive.
The judge heard her tell the story that she was told by the doctor to return home for ‘lots and lots of sex’. She found this a bit blunt.
She told the judge that he had told her it wasn’t necessary. “I was told that I wouldn’t need folic acid if I had a healthy diet.”
According to Mrs Rodway, Mrs Toombes would have conceived much faster if she had been given proper advice by Dr Mitchell.
She claims that she would have put an end to her plans and started treatment with folic acids. Then, she tried to get pregnant.
She said, “It’s her evidence that she would have read it and wouldn’t have tried to get pregnant until she felt she’d protected herself as best as she could.”
If she hadn’t waited to get pregnant, she’d have a normal, healthy baby’, but one that was a?genetically different from Evie, according to the QC.
Evie, who was born in November 2001, was diagnosed after her birth with lipomylomeningocoele. This is a type of spinal tube defect that can lead to permanent disability.
The court was told that her mobility is’very limited’, and she will need a wheelchair more as she gets older. She also has bowel problems and bladder issues.
On the ITV program Hidden Disabilities, What’s The Truth? she has spoken out about her problems.
Michael De Navarro QC for Dr Mitchell denied any liability. This suggests that Mrs Toombes may have already been pregnant at the time she visited Dr Mitchell.
Judge Mitchell told him that Dr Mitchell had provided’reasonable advice’ about taking folic acids supplements.
His usual routine was to inform prospective parents about the importance of 400 micrograms for pregnant women and their babies during pregnancy preparations.
Although he said he would say that supplements wouldn’t be necessary if the mother had good nutrition and folic acid levels, he denied that they were unnecessary.
Prince Harry, Duke and Duchess Meghan of Sussex, with Evie Toombes, her brother Rocco, during the WellChild Awards at Royal Lancaster Hotel, September 4, 2018, London
However, Judge Coe today ruled in favor of the doctor.
“In these circumstances, I believe that Mrs Toombes wasn’t pregnant at the time Dr Mitchell consulted with her,” she stated in her judgement
“She wasn’t advised to take Folic Acid prior to conception or for the first twelve weeks of her pregnancy.
“She wasn’t advised on the relation between folic Acid supplementation and prevention of spina Bifida/neural tubes defects.
“Had she received the right advice, she might have resisted attempts to conceive.
“In the circumstances, there would be a later conception that would have produced a healthy, normal-looking child.
“I find the claimant’s claim to be liable.”
If the case is not settled by both parties, the court will decide Evie’s full compensation.
Evie’s motto is “Find a way to do it, not excuses.” According her website
In addition to competing nationally and internationally in showjumping she also teaches invisible illness and works as a tutor at Nottingham University.
She wrote: “I was born with spina bifurca… but having passion for life gives me direction and purpose.”
When she received the Inspiration Young Person Award from Wellchild, she met Megan Markle (Duke of Sussex) in 2018.