This action settled before trial for $3,250,00. Decedent, a 42-year-old homemaker, had been treated for systemic lupus for several years. In April 1999, she was admitted to defendant Hospital for cardiac problems associated with the lupus, and she suffered a seizure on 4/20/99. Decedent was placed on Dilantin for the seizures and Zestril for high blood pressure and was discharged in mid May. She was readmitted to Albany Medical Center through the emergency room on 5/26/99 after a visiting nurse found her to be suffering from a fever, mild rash, and low blood pressure. The nurse's note was informed that Dilantin and Zestril were recent medications. Decedent was then seen by a consulting cardiologist who took her off the Zestril because she now had low blood pressure. An intern opined that Zestril was the likely cause of the rash. The next day, on 5/27, a consulting dermatologist stated that he thought that Decedent's rash was caused by a reaction to the Zestril, and not lupus. He made no note that Dilantin was a recently started drug. On 5/28, a biopsy noted that the differential diagnosis included early erythema multiforme, a drug eruption, or a viral exanthema. Another dermatologist thought that it was an infectious rash, and an infectious disease consultant opined that the rash was some form of drug reaction. Decedent's condition worsened, and on 5/29, she was transferred to intensive care. On 5/30/99, a reaction to Dilantin was considered as a possible cause of the rash. Decedent was still on her full dosage of Dilantin, and the intensive care physician decided to taper it through 6/2/99. On 5/31, a consulting dermatologist noted that Decedent's skin was "sloughing off" and an order was given by neurology to taper the Dilantin and discontinue it on 6/2/99. On 6/1, a rheumatologist associated with Decedent's admitting physician gave two orders to discontinue the Dilantin. On 6/2/99, defendant's physicians diagnosed toxic epidermal necrolysis, a rare but often fatal auto-immune reaction characterized by a blistering and peeling of the top layer of skin. Decedent remained on a medical/surgical floor. Albany Medical Center does not have a burn unit but has the capability to create a sterile environment. The dermatologist's notes indicated that a burn unit was being considered, but Decedent was not transferred.

On 6/3/99, nurses, notes indicated that Decedent's skin was "peeling away" and a nurse's evaluation stated that her pain was 9.5 on a 0-10 scale. Decedent was transferred to the burn unit at Westchester Medical Center on 6/4. She was treated at the burn unit until 6/8, when she died.

Plaintiff contended that defendant was negligent for failing to diagnose the cause of the rash and the implications of the two drugs that Decedent was taking. Plaintiff contended that Zestril can cause mild itchy rashes but has not been linked to more serious rash reactions, while Dilantin has been closely linked with toxic epidermal necrolysis, in which one's body attacks it own skin and mucous membranes. Plaintiff also contended that defendant was negligent for not promptly taking Decedent off the Dilantin when a dermatologist stated that her condition was likely drug-related, and for failing to timely transfer her to a burn unit.

Decedent, age 42 at her death, left a husband and two sons, one of them whom is learning disabled. The two boys were foster children at the time of her death; Mr. Halley later adopted them. Specials: $35,000 Social Services lien.

Pltf. Expert(s): Dr. David Trentham, rheumatologist, Boston, Massachusetts; Dr. Alan Dimick, burn trauma, Birmingham, Alabama; Dr. Kenneth Arndt, dermatologist, Boston, Massachusetts; Dr. Donald Schomer, neurologist, Boston, Massachusetts; Susan Fisher, Ph.D., psychologist; Albany; Peter Watrous, Social worker.