Statement by the Illinois Trial Lawyers Association on the Constitutional Challenge to PA 94-677

On Monday, September 17, 2007, oral arguments in the lead case challenging the constitutionality of Public Act 94-677 (medical malpractice caps) took place in the Circuit Court of Cook County before Judge Diane Joan Larsen.
Judge Larsen reserved ruling and indicated that she will issue a written opinion at a later date.

The arguments made on behalf of Abigaile LeBron, an infant who suffered brain damage, demonstrated how the law passed in 2005 unfairly penalizes and punishes the most severely injured victims of gross medical negligence.

Attorneys for Abigaile LeBron argued that this law is unconstitutional for the following reasons:

• It violates the separation of powers mandated by Article II, & 1 of the Illinois Constitution;
• It constitutes special legislation in violation of Article IV, & 13 of the Illinois Constitution;
• It violates the right to trial by jury guaranteed in Article I, &13 of the Illinois Constitution;
• It violates due process and equal protection as guaranteed in Article I, & 2 of the Illinois Constitution

From the beginning of the debate about the law imposing caps on damages, the Illinois Trial Lawyers Association (ITLA) has consistently believed that the law is unconstitutional. Indeed, the Illinois Supreme Court has twice before struck down caps on damages as unconstitutional.

Our goals must be to preserve access to the courts and the right to trial by jury. Ultimately, it is the Illinois Constitution that protects all the citizens of Illinois against attempts by powerful special interests to take away their rights.

We will keep you advised of further developments in the LeBron case.

Bruce M. Kohen
President - Illinois Trial Lawyers Association