It’s not uncommon for someone to wish that they’d never been born in the first place. But very few, if any, have ever taken that lament to the highest court in the land.
But recently, a young woman named Evie Toombes did just that. In a groundbreaking case, Evie successfully sued her mother’s doctors for allowing her to be born in the first place.
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Evie Toombes is an award-winning amateur showjumper
Evie had a lifelong love affair with horses and first began show jumping back in 2012. Since then, she has gone on to secure multiple podium finishes and has become an ambassador of the sport for her community.
It may not be noticed, but she also lives with a chronic illness
Evie was born with Spina Bifida: a defect of the spine wherein part of a person’s spinal cord is exposed through a gap in their backbone.
As a result, Evie is forced to spend upwards of 24 hours a day connected to various tubes.
In November 2021, Evie saw fit to file a one-of-a-kind damages case
In a groundbreaking legal case, Evie filed a lawsuit against her mother’s general practitioner, Dr. Philip Mitchell, for “wrongful conception.”
In the suit, Evie claimed that Dr. Mitchell had failed to properly advise her mother (Caroline Toombes) of the need to take vital supplements while attempting to get pregnant.
Evie argued that Dr. Mitchell failed to convey the need for Caroline to take folic acid
Folic acid supplements help to minimize the risk of Spina Bifida.
Had Dr. Mitchell explained this, Evie posits that her mother would have put off attempting to get pregnant, and as a result — Evie would’ve never been born.
On December 1st, 2021, a precedent-setting turn of events took place
According to the ruling made by Judge Rosalind Coe, had Caroline Toombes 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 massive payout
When asked as to what the dollar figure would be, Evie’s lawyer refrained from naming an amount — stating only that it would be big enough to cover the costs of Evie’s lifelong care needs.
More important than the ruling itself is the precedent that has now been set
With Evie’s ruling now on the books, in the event that a child happens to be born with a congenital/serious health defect, healthcare professionals may now be held liable for giving negligent pre-conception advice.
Evie’s case is to return to court in the new year, for the payout amount settlement
The only way to avoid a legal dispute would be if both parties were able to come to terms on an agreeable settlement.
Until then, Evie is remaining focused on her passions: horses and raising awareness for others with “invisible illnesses.”
How Evie can help affect change
One of the ways she can help affect change is through the E.N.D. Campaign. E.N.D. is an acronym that 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 wrote via her website.
Evie has also been documenting her everyday life and struggles since she was 12
“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.
She discusses taboo health subjects without fear of reprisal
For those interested in following along with Evie’s journey or obtaining more information about the E.N.D. Campaign — be sure to check out Evie’s website and blog here.
