One of the most prominent showjumping stars with spina bifida sued her GP, claiming that she failed to advise her mother to get a critical supplement to help prevent it from getting worse.
Evie Toombes, 20, wants millions in damages from Dr Philip Mitchell, claiming that he did not advise her mother Caroline Toombes to take folic acid, leading to the child being ‘born in a damaged state’.
Evie, from Skegness, Lincolnshire, claims that if Dr Mitchell told Caroline that she had to take the supplements to minimise the risk of spina bifida affecting her baby, she would have delayed getting pregnant until she had done so.
Caroline, 50, had gone to see Dr Mitchell in February 2001, but despite discussing folic acid during the consultation, she claims she was not told of its importance in spina bifida prevention.
While Dr Mitchell was at that time working for the Hawthorn Medical Practice (Skegness), he ‘comprehensively denials’ liability. Caroline claims he gave her’reasonable advise’.
Evie, who has forged a career in showjumping and met the Duke and Duchess of Sussex in 2018 when she won the Inspiration Young Person Award at a Wellchild charity event, is now the centre of a High Court: ‘Wilful conception’ claims To cover increased costs of living with a disability.
Evie Toombes (age 20), was born with spina bifurca but she has made a career out of showjumping and competed against both disabled riders as well as those who are able-bodied.
Evie (pictured with Caroline Toombes her mother). Evie asserts that if her doctor had told her that her baby was at risk from spina bifida, Evie wouldn’t have gotten pregnant.
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
To prevent spina bifurca, doctors routinely recommend that prospective mothers take folic acids supplements both before conception and for the first 12 weeks.
Court heard from Caroline Toombes, 50 years old and a skilled horsewoman. She had been to Dr Mitchell’s Hawthorn office to discuss plans to have her first child in February 2001.
“This was a very important decision to start family because she had lost her parents as a child,” Mrs Rodway, her barrister, told the judge.
“They stopped having sexual intercourse before they got advice at the consultation.”
Caroline asserts that she wasn’t told about the role of folic acids in spina bifurca prevention by Dr Mitchell, even though they discussed it at her consultation.
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.”
Mrs Rodway stated that Caroline would not have conceived as fast 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 stated, “It was her evidence that she would’ve read about it and wouldn’t attempt to become pregnant until they were satisfied she had safeguarded herself as much as she possibly could.”
She would not have been able to get pregnant if she hadn’t put it off. However, her baby would be normal and healthy. Evie was a ‘genetically distinct person,’ the QC said.
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 that she will need a wheelchair more as she gets older. She also has bowel problems and bladder issues.
Her issues were previously discussed on the ITV series ‘Hidden Disabilities, What’s the Truth?
Evie was born November 2001. She was later diagnosed with a lipomylomeningocoele, a condition that causes permanent disabilities.
Evie from Skegness in Lincolnshire claims that Dr Mitchell had told Caroline Toombes she needed to take supplements to reduce the chance of her baby suffering spina bifida. She would not have waited to get pregnant until she did.
But Dr Phillips is not to blame. Michael De Navarro QC, however, denies any liability.
According to him, the judge was defending the doctor by saying that he had given’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.
However, he claims he would not have suggested that supplements were less necessary if the mother had healthy eating habits and good levels of folic acids.
Evie’s motto is “Find a way to do it, not excuse me” according to 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 says, “I was born with a spina bifida form…but I find passion and direction in my life.”
She met Megan Markle and the Duke of Sussex in 2018 when she was awarded the Inspiration Young Person Award during a Wellchild charity event.