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11/14/2007 Tort Reform Act Declared Unconstitutional On November 13, 2007, a judge of the Circuit Court of Cook County ruled in a number of medical malpractice cases consolidated before her for disposition of the issue that the latest Tort Reform Act, Public Act 94-677, is unconstitutional and therefore invalid in its entirety. A copy of that ruling is attached. The cases pending before Judge Larsen each contained a separate count seeking a declaration that the Tort Reform Act is unconstitutional. Although the count in each case attacked the constitutionality of a number of the individual provisions of the Act, the court addressed only one of their arguments, the constitutionality of the cap on damages imposed in medical malpractice actions. The court held that the cap amounted to a "legislative remittitur" and therefore infringed upon the sole power of the judiciary to determine whether an award of damages is excessive and should be reduced. Because the act contains an inseverability clause, this ruling has the effect of invalidating the entire statute, which includes not only various tort reform measures but also several changes in the disciplinary provisions applicable to physicians. Because the issue was raised by a separate count of the complaint, the ruling on that count can be made appealable by an express finding that there is no just cause to delay enforcement or appeal of the court's ruling. The order entered contains no such language, and we presume at this time that it will be up to individual litigants whether they wish to seek such a finding in their case, or allow the order to remain interlocutory as to them while appeals are pursued in other cases. We will continue to monitor the proceedings and keep you informed of further developments. Click here for the full ruling in PDF format. -------------------------------------------------------------------------------------------------------------------- Return to Previous Page |
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