An English woman with spina bifida has filed a suit against her mother’s former doctor for millions of dollars in health care costs and damages claiming that she should never have been born.
The now 20-year-old woman, Evie Toombes is suing her mother’s doctor, Dr. Philip Mitchell, for “wrongful conception.” Toombes claims that Dr. Mitchell allegedly failed to advise her mother to take folic acid supplements before getting pregnant with her. Toombes claims that the doctor’s failure resulted in her birth defect.
Shortly after she was born in November 2001, Toombes was diagnosed with lipomyelomeningocele- a neural tube defect to the spine. Because of this, her bones never properly developed along her spinal cord which caused permanent disability.
In her suit, the equestrian showjumper claims her mother never would’ve had her if her doctor had informed her that of the critical need to take folic acid supplements to minimize the chances of the defect affecting her unborn child.
Dr. Mitchell denied any liability and filed a counterfeit claiming that he gave Toombes mother “reasonable advice,” as is the common practice.
Caroline Toombe’s testified that in February 2001 during a prenatal visit with Mitchell, he told her “it was not necessary,” because “I was advised that if I had a good diet previously, I would not have to take folic acid.”
Toombes’ attorney Susan Rodway, told the UK High Court judge that her client was suing for “having been born in a damaged state” and wants to receive the millions of dollars needed to cover the costs of living with her condition.
