Young Ivy Toombs, who sued her mother’s doctor on the grounds that she should not have been born, was entitled to compensation in the amount of millions of pounds. Suffering from spina bifida, a congenital malformation in which there is a change in the formation of the spinal cord and the structures that protect it, Dr. Phillip Mitchell is suing for not advising his mother to take supplements he considers vital. – before pregnancy.
Evie explained that in her opinion, if a healthcare professional told Caroline that she needed to take folic acid to minimize the risk of her baby developing spina bifida, she would postpone the pregnancy. This, in turn, would mean that Evie would never have been born. Thus, in a unique decision by the London Supreme Court, Judge Rosalind Coe upheld Evie’s case and granted her the right to receive, according to the British press, “huge damages.”
The girl’s lawyers previously stated that the amount Evie is claiming has not yet been calculated, but confirmed that it will be “large” as it will cover the costs of her extensive medical care for the rest of her life. The Englishwoman, who competes with disabled and non-disabled riders, is suing the doctor “for being born injured,” her lawyer Susan Rodway said in court.
The judge concluded that Mitchell did not inform Caroline of Skegness, Lincolnshire about the importance of taking folic acid supplements before becoming pregnant. And if she had been informed, she would have postponed conception and would have given birth to another, perfectly healthy child instead, the judge added. During her trial last month, the court heard that Caroline, 50, consulted with Mitchell at her Hawthorne office to discuss her plans to have her first child in February 2001. “It was a very valuable decision for me. Create a family. because she herself lost her parents when she was little, said Rodway Coe. “They abstained from sex until they received advice from this consultation.”
In turn, the lawyer of Dr. Michael De Navarro denied the responsibility of the latter, suggesting that Caroline could already be pregnant when she came to the consultation. The professional told the judge that Mitchell claimed to have given “reasonable advice” about taking folate supplements because he had previously told parents-to-be that women preparing for pregnancy and throughout their first pregnancy should take 400 mcg. this.
The case will go back to court to determine Evie’s full compensation. This will only happen if the parties come to an agreement outside the courts.
