On November 13, 2007, Judge Larson of the Circuit of Cook County entered an Order holding that the caps on noneconomic damages imposed by the medical malpractice reform legislation (Public Act 94-677) were unconstitutional. This ruling strikes down the limits on medical malpractice awards put into effect in August 2006 when Governor Blagojevich signed the reform act into law. We at Phillips Law Offices have maintained that the legislation would result in preventing victims of medical negligence from obtaining full recovery for their injuries only to foster record profits for medical insurance companies.

We applaud Judge Larsen’s ruling, in which she held that the Act violates the Separation of Powers provisions of the Illinois Constitution. It is wrong for the legislative branch to invade the judicial branch’s role and to preempt a well reasoned jury’s ability to assess and properly award damages in cases of catastrophic injury. The right to a trial by jury and to have compensation determined by the jury is part of the American system of justice and that right should not be inhibited to make medical insurers more profitable.

This ruling is encouraging as a first step on the trial court level in Cook County. The ruling will undoubtedly be appealed, backed by the medical insurers and their lobbies. We are optimistic that the appellate courts will recognize notions of full compensation and fundamental fairness in upholding Judge Larsen’s Order. Again, we urge you to join in spreading the word that our jury system should be maintained.

Judge strikes down Illinois Med Mal caps | Crain’s