The Illinois Supreme Court struck a blow to tort reformers across the country, when it recently found Illinois' reform statute, enacted in 2005, was invalid in its entirety. In a 5-1 decision, the court found that core provisions of the law--including a $500,000 non-economic damages cap in products liability, medical negligence, and wrongful death cases, was unconstitutional. The high court held the statute improperly encroached on the judiciary's powers and violated the state constitutional proscription against "special legislation" by arbitrarily discriminating against injured plaintiffs. (Best v. Taylor Machine Works, No. 81890 (111. Dec. 18, 1997).)
Supporters of tort reform see this as a huge blow to rising medical malpractice fees and patients getting the best medical care in the State of Illinois. Conversely, organizations such as the Illinois Trial Lawyers Association view the ruling as a protection to injured victims.
QMM concentrates in representing injured persons. If you or someone you know has been injured in a motor vehicle collision, on the job, or in any other way, feel free to contact us to learn how we can help. 630-759-7000
