ILLINOIS REFORMS

Year of Enactment (since 1986)

2005

Medical Liability Reform: Expert Witness Standards: SB 475 (2005).  In an action against a medical professional, defines an expert witness who: (1) is board certified or board eligible in the same or similar specialty as the defendant; (2) has devoted a majority of work time to the practice, teaching, or University based research in relation to the type of care or treatment at issue in the claim; (3) is licensed in the same profession with the same class of license as the defendant if the defendant is an individual; (4) in a case against a nonspecialist, an expert shall demonstrate familiarity with the standard of care and shall provide evidence of active practice, teaching, or university research.  If retired, an expert must provide evidence of completion of continuing education for three previous years.  An individual must have actively practiced, taught, or engaged in university research, or any combination thereof, during the past five years to qualify as an expert witness.

Medical Liability Reform: Expressions of Sympathy: SB 475 (2005).  Provides that expressions of grief, apology, including a statement that the healthcare provider is sorry for the outcome to the patient, is inadmissible as evidence.

Medical Liability Reform: Good Samaritan Protections: SB 475 (2005).  Amends the Good Samaritan Act to apply civil immunity protections to retired physicians who provide services without compensation.

Medical Liability Reform: Noneconomic Damages Reform: SB 475 (2005).  Limits noneconomic damages in medical liability cases to $500,000 per physician and $1 million per hospital.

2004

Obesity Litigation Reform: HB 3981 (2004).  Specifies that no person shall bring a qualified civil liability action [defined as a civil action being brought by any person against a seller of food, as defined in 21 U.S.C. 321 (f), for damages or injunctive relief based on a claim of injury resulting from the person’s weight gain, obesity, or any health condition related to weight gain or obesity.  The liability exemption does not apply: if the seller knowingly and willfully violated a federal or State statute applicable to the marketing, distribution, advertisement, labeling, or sale of the product; in an action for breach of contract or express warranty in connection with the purchase of the qualified product; or an action regarding the sale of a qualified product which is adulterated, as described in Section 402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 342.

1996

Employer Reference Liability: SB 1490 (1996).  Protects employers from liability for providing employee references unless it is shown by a preponderance of the evidence that the employer knowingly disclosed false information with the intent to mislead, in bad faith, or with malicious purpose, or that the disclosure constituted an unlawful discriminatory practice.  Provides a loser pays provision.

1995

Joint and Several Liability Reform: HB 20 (1995).  Bars application of the rule of joint and several liability in the recovery of all damages.  The reform violates the State Constitutional prohibition against special legislation.  Best v. Taylor Machine Works, Inc., 689 N.E.2d 1057 (Ill. 1997).

Noneconomic Damages Reform: HB 20 (1995).  Limits noneconomic damages to $500,000.  The reform violates the State Constitutional prohibition against special legislation and separation of powers provision of the State Constitution.  Best v. Taylor Machine Works, Inc., 689 N.E.2d 1057 (Ill. 1997).

Product Liability Reform: HB 20 (1995).  Establishes affidavit requirements in product liability cases.  Creates a presumption of safety, where manufacturers meet state and federal standards, and where no practical or feasible alternative design existed at the time the product was manufactured.  Applies statutes of repose on all product liability cases to bar an action after either 12 years from the first sale or 10 years from the first sale to a user or consumer.  The reform is unconstitutional. Best v. Taylor Machine Works,Inc., 689 N.E.2d 1057 (Ill. 1997).

Punitive Damages Reform: HB 20 (1995).  Limits the award of punitive damages to three times the award of economic damages.  Prohibits the award of punitive damages absent a showing that the defendant engaged in conduct “with an evil motive or with a reckless indifference to the rights of others.”  Requires the determination of awards for punitive damages to be made in a separate proceeding.  The reform is unconstitutional. Best v. Taylor Machine Works,Inc., 689 N.E.2d 1057 (Ill. 1997).

1986

Collateral Source Rule Reform: SB 1200 (1986): 735 Ill. Comp. Stat Ann. § 5/2 –1205.  Provides for awards to be offset for benefits over $25,000, as long as the offset does not reduce the judgment by more than 50%.

Frivolous Lawsuit Sanction: SB 1200 (1986).  Allows a court to assess reasonable costs and attorneys’ fees for frivolous pleadings, motions or defenses (Federal Rule of Civil Procedure 11).

Joint and Several Liability Reform: SB 1200 (1986).  Bars application of the rule of joint and several liability in the recovery of noneconomic dagames from defendants found to be 25% or less at fault. Except in auto, product or environmental cases.

Noneconomic Damages Reform: SB 1200 (1986).  Limits the award of noneconomic damages in all civil actions to $500,000 per plaintiff, indexed for inflation.  The reform is unconstitutional. Best v. Taylor Machine Works,Inc., 689 N.E.2d 1057 (Ill. 1997).

Punitive Damages Reform: SB 1200 (1986).  Prohibits a plaintiff from pleading punitive damages in an original complaint.  Requires a subsequent motion for punitive damages to show at a hearing a reasonable chance that the plaintiff will recover an award for punitive damages at trial.  Requires a plaintiff to show that the defendant acted “willfully and wantonly.”  Provides discretion to the court to award punitive damages among the plaintiff, the plaintiff’s attorney, and the State Department of Rehabilitation Services. 

Other Reforms

Medical Liability Reform: Contingent Fee Reform: 735 Ill. Comp. Stat Ann. § 5/2 –1114.  Limits contingent fees to 33.3% of the first $150,000 recovered, 25% of the next $850,000 recovered, and 20% of any amount recovered over $1 million.  The statute limiting the amount of contingent fees that attorneys representing medical liability plaintiffs may recover, but providing that court may review the fee agreement and approve a larger fee in an appropriate case, did not violate the access to courts provision of the State Constitution or equal protection, or due process provisions of the State or Federal Constitutions, and did not constitute prohibited special legislation.  Bernier v. Burris, 497 N.E.2d 763 (Ill. 1986).

Periodic Payment of Future Damages: 735 Ill. Comp. Stat Ann. § 5/2 –1705.  Permits the periodic payment of future damages exceeding $250,000 in medical liability cases.  Provides that if the defendant requests the periodic payment of future damages, she must demonstrate that security for the lesser of past and future damages or $500,000 can be provided.  The statute providing for periodic payments of future medical liability damages awards did not violate the equal protection provisions of the State or Federal Constitutions and did not constitute prohibited special legislation. Bernier v. Burris, 497 N.E.2d 763 (Ill. 1986).