Showjumper 'Who Should Never Have Been Born' Sues Mom's Doctor — and Wins

A woman who claims she should never have been born has won a landmark case against her mother's doctor.

Evie Toombes, 20, who suffers from spina bifida, accused Dr Philip Mitchel of failing to advise her mom on the importance of taking folic acid before conceiving, arguing that had he, her mother would have delayed pregnancy and had a completely healthy — and completely different — baby.

In a landmark ruling in the UK's London High Court on Wednesday, a judge agreed with her "wrongful conception" argument; damages have not yet been calculated, but are likely to reach multiple millions, The Sun reported.

Despite her disability, which can see her connected to tubes for up to 24 hours a day, Toombes is an accomplished showjumper, who competes internationally against both able-bodied and disabled riders.

During the trial last month, the court heard how Evie's mother Caroline, now 50, had attended Dr Mitchell's practice in February of 2001 to discuss becoming pregnant.

Her barrister Susan Rodway told the court Caroline was nervous about conceiving having lost both her parents at a young age, and was even abstaining from sex until she had consulted with her doctor about starting a family.

While she said folic acid was discussed at the appointment, Caroline claimed the doctor never highlighted its importance in preventing spina bifida.

"He told me it was not necessary," she said. "I was advised that if I had a good diet previously, I would not have to take folic acid."

Instead, she said Dr Mitchel just told her to go home and have "lots of sex", which she found "somewhat blunt."

She claimed that had she been advised of the dangers of spina bifida, she would have delayed pregnancy until after a course of folic acid — and would have ultimately, as the judge subsequently put it, given birth to a "genetically different person."

"It is her evidence she would have read up on it and wouldn't have attempted to become pregnant until she was satisfied that she had protected herself as much as possible," Judge Rosalind Coe decreed, adding that had she delayed conception, she would have had a "normal, healthy" baby.

Instead, she gave birth to Evie in November of 2001, who was diagnosed with the spine defect lipomylomeningocoele, which would increasingly limit her movement as she grew older; she also suffers from bowel and bladder problems.

Dr. Mitchel's attorneys had argued that he had given "reasonable advice" on the benefits of folic acid, adding that while he may have said supplements were less important if enough was in her diet, he never said they were not necessary.

They also tried to argue Evie's mom may have already been pregnant at the time of the consultation, but the judge wasn't buying it.

Unless the parties settle on an amount out of court beforehand, the judge will next decide damages; either way the figure is going to be "big", per Evie's lawyers, as it will have to cover her extensive medical needs for life.

Evie, who was honored by Prince Harry and Meghan Markle in 2018 when she won the Wellchild Inspiration Young Person Award, is a mentor for other young people with disabilities; her motto is "Find a way, not an excuse."