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British Woman Wins Millions in First ‘Wrongful Conception’ Lawsuit

Evie Toombes says she should have never been born

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Millions of dollars have been awarded in the first “wrongful conception” lawsuit in London’s High Court on December 1. 20 year-old Evie Toombes sued Dr. Philip Mitchell, the physician who oversaw her mother’s pregnancy when she was in utero. Toombes is suing for “wrongful conception [and] having been born in a damaged state.”

The lawsuit claims Dr. Mitchell failed to properly advise Toombs’ mother about vitamin supplements before her conception. Toombes, a horse showjumper, insists that as a result, she suffers from spina bifida, has limited mobility and chronic bowel and bladder issues. On occasion she has to be hooked up to medical equipment for 24 hours, and her condition will progress as she ages, likely making her increasingly dependent on wheelchairs.

In her lawsuit, Toombes alleges that the doctor did not explain to her mother, Caroline, that folic acid supplements could possibly minimize risk of spina bifida. Timcast.com reports “Her mother testified in court that, had she been aware of this, she would have delayed trying to become pregnant.”

The judge, Rosalind Coe QC, ruled in favor of Toombes’ allegation that Dr. Mitchell had not advised Caroline on the importance of folic acid before conception and during the first trimester of pregnancy. Coe awarded Toombes the right to a “compensation payout.”

According to the New York Post, “her lawyers earlier said the amount Evie is claiming had not yet been calculated but confirmed it would be ‘big’ since it would cover the cost of her extensive care needs for life.”

In her ruling, the judge said if Caroline had known the risks, she would have delayed trying to get pregnant and would have, as a result, had “a different, totally healthy, baby” genetically different from Evie.

Caroline said in court that the doctor did discuss folic acid with her at her appointment, but not its connection to spina bifida. “He told me it was not necessary…I was advised that if I had a good diet previously, I would not have to take folic acid” she said.

Evie was diagnosed with lipomylomeningocoele (LMM), a form of neural tube defect to the spine causing permanent disability.

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3 Comments

3 Comments

  1. Sue

    December 4, 2021 at 10:12 am

    You’ve got to be kidding. We’re all told about taking vitamin supplements when we’re pregnant. Did the mom not read “What to Expect when you’re Expecting”?? Didn’t she ask other mothers or didn’t she ask maybe her pharmacist or friends or family? Seriously? This is on the mother, not on the doctor. We, as expecting mothers, are responsible for our own actions (i.e. eating healthy – not taking drugs or alcohol – taking vitamins). By the way, show-jumping? – alot of other young women would love to be able to do this – even those without any medical issues.

  2. Terry Gardner

    December 4, 2021 at 11:14 am

    Then why don’t she do something to eliminate herself. Problem solved

  3. Sandy

    December 5, 2021 at 11:55 am

    Hindsight is 20/20. Unless there was a genetic predisposition that was known to the doctor, this is a really far reach. Could this disability have been detected at the time? Was the mother at particular risk of this condition in her baby? Many questions. But I think this is in the class of burning your lip on hot coffee. No doctor will deal with obstetrics if this suit is won by the plaintiff.

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International

Iran Launches Missile Into Space As Biden Admin Fails To Negotiate New Nuclear Deal

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Joe Biden

On Sunday, Iran’s state television announced that the country had launched a solid-fueled rocket into space, drawing criticism from the United States ahead of plans for continued negotiations over the Iranian nuclear deal.

“It’s unclear when or where the rocket was launched, but the announcement came after satellite photos showed preparations at Imam Khomeini Spaceport in Iran’s rural Semnan province, the site of Iran’s frequent failed attempts to put a satellite into orbit,” the Associated Press reported. “Iran had previously acknowledged that it planned more tests for the satellite-carrying rocket, which it first launched in February of last year.”

“Ahmad Hosseini, spokesman for Iran’s Defense Ministry, said Zuljanah, a 25.5 meter-long rocket, was capable of carrying a satellite of 220 kilograms (485 pounds) that would ultimately gather data in low-earth orbit and promote Iran’s space industry. Zuljanah is named for the horse of Imam Hussein, the grandson of the Prophet Muhammad,” the Associated Press added.

According to the report, the White House is aware of Iran’s announcement and said the move was “unhelpful and destabilizing.”

Iran’s state-run media aired dramatic footage of the missile launch amid heightened tensions over Iran’s nuclear program, which has accelerated as President Biden’s administration has failed to negotiate a new nuclear deal with Iran.

According to a report earlier this year, three Biden administration negotiators working on a renewed nuclear deal with Iran gave up and left the team because they thought that President Biden was being too weak in dealing with Iran during negotiations.

“U.S. officials confirmed over the weekend that Richard Nephew, the deputy special envoy for Iran, has left the team. Mr. Nephew, an architect of previous economic sanctions on Iran, had advocated a tougher posture in the current negotiations, and he hasn’t attended the talks in Vienna since early December,” The Wall Street Journal reported. “Two other members of the team, which is led by State Department veteran Robert Malley, have stepped back from the talks, the people familiar said, because they also wanted a harder negotiating stance.”

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Economy

Biden Suggests Only Solution To Gas Prices Is Letting Putin Invade Europe

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Joe Biden

On Wednesday, President Biden suggested that the only solution to high gas prices is to allow Russian President Vladimir Putin to invade parts of Europe.

“For all those Republicans in Congress criticizing me today for high gas prices in America, are you now saying we were wrong to support Ukraine?” Biden said. “Are you saying we were wrong to stand up to Putin?  Are you saying that we would rather have lower gas prices in America and Putin’s iron fist in Europe?”

“I don’t believe that,” he continued. “Look, I get the easy politics of the attack.  I get that.  But the simple truth is gas prices are up almost $2.00 a gallon because of Vladimir Putin’s ruthless attack on Ukraine, and we wouldn’t let him get away with it.  And we’re doing everything we can to reduce this pain at the pump now.”

However, the increase in gas prices since Russia invaded Ukraine is closer to $1 than it is to $2. On February 24, the day Russia invaded Ukraine, national gas prices were at $3.54 per gallon, and on June 22, the day of Biden’s speech, gas prices were at $4.95 per gallon – which is an increase of $1.41.

Gas prices began rising shortly after Biden took office. From January 20, 2021, to February 24, 2022, gas prices soared from $2.40 per gallon to $3.54 per gallon – an increase of nearly 50 percent.

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