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

A case has been filed in the Circuit Court of Cook County seeking damages for a child who is the victim of gross medical negligence. As part of that case, there will be a challenge to the state law imposing caps on damages for pain and suffering and loss of a normal life.

This case – like all cases in which someone has been the victim of gross medical negligence – is a tragedy. To the best of its ability, our legal system must provide justice for this innocent person and hold the responsible parties accountable. That is the goal of this lawsuit.

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 such caps on damages as unconstitutional.

All parties to the law which imposed “caps” on victims – including its proponents – have expected a court challenge to the new law. Everyone with a stake in this issue wants the court to determine the law’s constitutionality. This legal proceeding should be welcomed by all.

Ultimately, our goal must be justice for the victims of medical negligence. We are hopeful that the LeBron case will accomplish that worthwhile goal.

The Illinois Trial Lawyers remain committed to the fair resolution of all matters through the civil justice system.

Judy L. Cates
President – Illinois Trial Lawyers Association