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Woman born with spine defect wins court case vs mom’s doc, to get millions in damages

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Woman sued her mother's doctor for allowing her to be born and won millions in damages.

A 20-year-old woman from Lincolnshire in England, who sued her mother’s doctor, as she was born with a permanent congenital defect in her spine, has won a case for compensation which is expected to run into millions of pounds.

According to a report in the UK’s Daily Mail newspaper, Judge Rosalind Coe QC upheld Evie's case in a landmark London High Court ruling on Wednesday. The judge ruled that had Evie's mother 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," she said, awarding Evie Toombes the right to a huge payout.

Evie's lawyers have said that the exact sum has not been calculated, but would likely be a big number as it would need to cover the cost of her lifelong care needs.

Evie Toombes, who is a horse showjumper, suffers from a spinal condition called the spina bifida and sometimes spends 24 hours a day connected to tubes, The Sun reported.

In her condition, Evie was born with a deformed spine and spinal cord and the spine has gaps due to stunted development. 

Evie filed a lawsuit of ‘Wrongful Life’ against Dr Philip Mitchell who did not give the right advice to her mother about folic acid medications, as a result of which she was born with a permanent spinal cord disability condition.

In her lawsuit, Evie had said had the doctor effectively advised her mother to take folic acid to help lessen risk of the spinal deformity in her baby, she would have delayed conceiving and thus Evie would not have been born.

It goes to Evie’s credit that despite the ailment, she has made a successful career in show jumping and was felicitated with the ‘Inspiration Young Person Award’ in 2018.