This case settled prior to jury selection for a structured payout and trust with a present day value of $2,000,000. Pltf. was born prematurely in Glens Falls at approximately 24 weeks' gestation. She weighed approximately 2.11 pounds at birth, and suffered from a serious Grade IV intra-ventricular bleed of the brain and other medical problems related to her premature birth. There had been no prenatal medical care. On the first day of life, she was transferred to Albany Medical Center. There, despite her significant medical problems, she made slow, but steady progress until 8/7/93, her 35th day of life. Pltf. claimed that on 8/7/93, while in the neonatal intensive care unit, she was administered an overdose of potassium, approximately 45 times the proper dose. Although small amounts of potassium are needed, overdoses can cause heart attacks and death. Potassium is the drug used to stop the heart during executions.

The order was written by an intern who began 5 weeks before. He was still in his first week in the pediatric intensive care unit. Supervising doctors, the nursing staff, and the pharmacy all missed the offending order for the potassium.

The infant went into cardiac arrest, and the hospital staff called a code and attempted to resuscitate her. The code was unsuccessful and was called. She had sever bradycardia and was expected to die. Approximately an hour and a half after the heart attack, the staff discovered the overdose and administered drugs to reverse the potassium overdose. About 4 hours after the overdose, Amanda's heart recovered and developed a normal rhythm. She went on the develop chronic renal disease.

Pltf.'s expert claimed that the chronic renal disease was caused by the serious heart attack. He further claimed that Amanda will ultimately have to undergo dialysis and will need a kidney transplant. Currently she is growing very slowly, and is taking growth hormones.

Deft.'s expert contended that Amanda's kidney problems were present from birth and were congenital or were caused by her prematurity. He maintained that the potassium overdose had only a short-term negative impact on her kidney function and that she fully recovered from the temporary effects of the potassium overdose. He also claimed that it was uncertain that Amanda's kidney disease would lead to dialysis.

Structured settlement details: $2,000,000 present day value settlement placed in a supplemental needs trust and structured with a guaranteed benefit payout of $3,246,322, plus $532,120 to the Amanda Williams Supplemental Needs Trust and an expected benefit of $8,829,068 plus $532,120. Specials: Approximately $4,000 in past medical expenses; approximately $400,000 in future medical expenses.

Pltf. Expert: Dr. William Harmon, pediatric nephrologist, The Children's Hospital, Boston, Massachusetts.

Deft. Expert: Dr. John Thomas Herrin, pediatric nephrologist, The Children's Hospital, Boston, Massachusetts.