A lot of people wish they’d never been born. Few have ever taken that to the highest court in the land.
A woman named Evie Toombs did that recently. She sued her mother’s doctors for allowing her to be born in the first place.
Evie Toombs is a showjumper.
The woman began to show jumping in 2012 after having a lifelong love affair with horses. Since that time, she’s gone on to secure multiple podium finishes and has become an ambassador of the sport for her community.
Evie has a chronic illness and you may not notice.
Evie was born with Spina Bifida. Part of a person’s spine is exposed through a gap.
Evie is forced to spend a lot of time connected to various tubes.
She decided to file a damages case in November of 2021.
Evie filed a lawsuit against her mother’s doctor. Philip Mitchell had a wrong conception.
Evie claimed in the suit that she was a doctor. Mitchell failed to tell her mother that she needed to take vital supplements while trying to get pregnant.
Evie argued that Dr. Mitchell didn’t convey the need to take folic acid.
It is possible to reduce the risk of Spina Bifida with the use of Folic acid supplements.
Evie believed that her mother would have put off trying to get pregnant, and as a result, she would never have been born.
The judge ruled in Evie’s favor on December 1st, 2021, in a precedent-setting turn of events.
According to the ruling made by Judge Rosalind Coe, had Caroline Toombs 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,” Judge Coe said.
Evie is now entitled to a huge amount of money.
Evie’s lawyer said only that it would be big enough to cover the costs of Evie’s lifelong care needs when asked what the dollar figure would be.
The precedent that has been set is more important than the ruling.
Evie’s ruling makes it possible for healthcare professionals to be held responsible for giving negligent pre-conception advice if a child is born with a serious health defect.
In the new year, Evie’s case will return to court in order to settle her case.
The only way to avoid a legal dispute is if both parties agree on a settlement.
The woman is focused on her passions. The horses are raising awareness for invisible illnesses.
Evie can help affect change through the E.N.D. Campaign.
The acronym E.N.D. stands for “Educate Not Discriminate”.
Evie does this “Through raising awareness because I don’t want any person (child or adult) to go through the same struggle if something can be done to help them on their way,” she writes via her website.
Evie has been writing about her daily life since she was 12 years old.
“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,” Evie said.
Evie has been able to discuss taboo health subjects without fear of reprisal since then.
For those interested in following along with Evie’s journey. Be sure to check out Evie’s website.