Daughter Wins Millions In Unconventional Lawsuit Against Her Mother's Doctors For Allowing Her To Be Born

Jan 12, 2022 by apost team

In a groundbreaking lawsuit, a judge ruled in December 2021 in favor of a young woman who was born with a spine defect called Spina Bifida. This chronic ailment means that the girl, Evie Toombs, sometimes has to spend 24 hours connected to tubes and requires some form of medical attention every day. Toombs filed a "wrongful conception" case because she feels her birth should have been prevented.

Toombs claimed in the lawsuit that her mother's doctor did not advise her to take prenatal, and more specifically, folic acid supplements prior to conception. A lack of folic acid can cause babies to be born with Spina Bifida, which causes a gap in the spine that never develops in the womb. Toombs claimed that if her mother had been given the right information, she would have waited to conceive, and therefore Evie would not have been born with her condition.

Toombs also has a substantial amount of medical bills due to a lifetime of hospital stays. The woman's lawyer said that the payout she will receive should be enough to cover medical expenses for the rest of her life. 

The judge ruled that Toombs's mother was not pregnant at the time she consulted her doctor about getting pregnant. At that time, the physician said that she did not need to take folic acid supplements because her diet should be sufficient. If the mom had the right information, which is to take folic acid prior to conception and for the first 12 weeks of pregnancy, she would have waited to get pregnant, and her baby would have never developed Spina Bifida.

Read on to learn more about Toombs's story.

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The sticking point of Toombs's case was that her mom's doctor gave the wrong information. The judge said in her ruling, "She was not advised in accordance with the guidance to take folic acid prior to conception and for the first 12 weeks of pregnancy. In the circumstances, there would have been a later conception, which would have resulted in a normal healthy child. I, therefore, find that the claimant's claim succeeds on liability."

On her Instagram, Toombs does what she can to encourage others going through physical or mental health issues. She wrote in one post, "I've been there. I know what it's like to feel like you're backed into a corner, to feel like giving up, that you can't keep going anymore. This goes for physical health, mental health, every aspect of life…mine has largely overlapped between the variety at times."

Toombs added: "Things get better, you find ways to move forwards and move past your struggles- and slowly, they become more distant parts of your life that you can and DO begin to progress from. You are capable of progress from this point onwards. You didn't come this far, to only come this far."

The young woman offered up this advice: "One thing I do notice that is a common thing amongst so many of us is that support from friends, family…animals- can make a huge difference. I was lucky to have people telling me to keep going. On some occasions quite literally dragging me through each day whilst I was emotionless and pretty much out of fight."


What do you think of this case? Let us know your opinion, and feel free to send this along to your friends and loved ones. 

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