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£2.1m for girl damaged at birth
Last updated at 00:00am on 29.04.05A seven-year-old twin girl who suffers from mild cerebral palsy and learning problems received a £2.1 million settlement from a hospital at the High Court today.
Zaynah Silvain claimed the compensation through her mother, Samantha, from the Barts and London Hospitals NHS Trust for her injuries which were said to have been caused by being starved of oxygen at birth during an unnecessarily long delivery.
The trust admitted there had been negligence in failing to deliver Zaynah within 27 minutes of her twin brother, Zayne, and that this had caused her "mild physical condition".
But the trust denied that her learning difficulties were caused by her birth injury, maintaining they might be due to autism or a genetic fault.
Simon Elliman, solicitor for the parents who live in East London, said after the hearing: "This settlement will be a life-changing one for Zaynah and her family.
"Her parents are committed to caring for her at home and this settlement will enable them to continue to do so."
Andrew Spink QC, representing the parents in court today, told Mr Justice Roderick Evans that Zaynah had been left with a permanent brain injury because of the hospital's negligence.
"The result of that is a relatively mild physical disability and more controversially severe cognitive impairment."
The mother conceived the twins after IVF treatment at the hospital.
David Evans, representing the NHS Trust, told the judge: "The trust apologises in public for the negligence which led to the injury.
"The trust is pleased the parties have come to terms without a battle in court. We wish Zaynah and the family well in the future."
Mr Justice Roderick Evans said: "The money which Zaynah receives will not be capable of restoring the injuries but it will ensure she will have an easier time in the future."
The case was settled on the basis of a structured settlement, which will see Zaynah receive annual payments, which are linked to the Retail Prices Index, for the rest of her life.
