Washington, DC—A 2005 Illinois law establishing caps on medical malpractice awards caps was declared unconstitutional on November 13th.
On Tuesday November 13th, attorneys from the Center for Constitutional Law led by its president Bob Peck, working with Chicago attorneys and AAJ members Todd Smith and Jeffrey Goldberg, won an important case in the Cook County Circuit Court of Illinois striking down medical malpractice caps. Judge Diane Larsen declared that the 2005 Illinois law instituting med-mal caps is unconstitutional. In the past 31 years, the state legislature has passed a caps law three times, and each time the courts of Illinois has responded by invalidating the caps as unconstitutional. A significant win for trial attorneys in Illinois and across the nation, the case was argued before the court on September 17.
The article “Judge strikes down Illinois med mal caps” provides more detail on this important win.