Trial Lawyer Agenda Begins To Unfold In Statehouse: Here Are Two Bills That Should Be Defeated

The Illinois General Assembly got down to serious business this past week and the anti-business, anti-insurance and anti-medicine agenda of the personal injury trial lawyers began to take shape.

Two bills (of many expected) are on the agenda for the Senate Judiciary (Civil) Committee this week. They could be called Wednesday or held over until later but they will be considered and likely passed out of the Committee before the March 15 Senate committee deadline.

The first (SB 747) is sponsored by Sen. Don Harmon, a Democrat from Oak Park. Harmon frequently carries the personal injury trial lawyers' water and fights their battles. This bill, similar to one sponsored during the last General Assembly, has been dubbed the "plaintiffs' windfall bill." It would allow compensation to plaintiffs and their lawyers for amounts that were not actually lost.

For example, if a hospital bills a patient (the plaintiff) $6,000 for care and services, but agrees to accept $5,000 because of an agreement it might have with Blue Cross/Blue Shield or some other insurer, SB 747 would require that the defendant pay $6,000, the full amount originally billed, even though that amount was not paid (or lost) by the plaintiff. The legislation does not require that the plaintiff receiving this windfall pay the extra recovery to the provider of the medical service.

Instead, the plaintiff and his/her attorney reap the benefits of this added cost -- a cost above and beyond the actual loss to the plaintiff.

(Anyone who has ever received an "explanation of benefits" from his/her insurer understands what this means: The doctor/hospital bills a certain amount but because the doctor/hospital has a contract with a health care insurer, the actual amount paid is reduced. This legislation would require the defendant in litigation to pay the billed amount, not the actual amount.)

The second problem bill is (SB 1296), introduced by Sen. John Cullerton, a Democrat from Chicago and the chairman of the Senate Judiciary (Civil) Committee. Cullerton is usually fair and open and is likely to listen to arguments and public opinion. This bill is one that deserves argument and plenty of public opinion and pressure.

This bill would make sweeping changes in the personal injury and property damage litigation law. It would increase a defendant's liability and responsibility to pay under joint and several liability by changing the formula for determining apportionment. A defendant could/would be held liable much beyond his or her own fault. The defendant with "deep pockets" would be the plaintiffs' target, even if the degree of responsibility was minor.

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Two years ago, Illinois legislators heard the call for reform from Illinois citizens and the legislators responded by enacting medical liability reform. This was done in the face of heavy odds against reform. A law was passed and the governor signed a liability reform bill into law.

That would not have happened without public (translation: voter) pressure. Legislators do respond to their constituents, especially when they sense that constituent unhappiness could translate into voter unhappiness.

These first two bills -- SB 747 and SB 1296 -- are certain to be only two of many that we will urge civil justice reform advocates to speak out on this year.

But it is important early in the legislative session to let legislators know that we -- their constituents and their employers -- expect them to be paying attention.

The first vote on SB 747 and SB 1296 will be in the Senate Judiciary Committee. The members of that committee are listed below.

Please click here to contact these legislators:

Senate Judiciary (Civil) Committee:
John J. Cullerton (D)
Kirk Dillard (R)
Don Harmon (D)
Dan Cronin (R)
William R. Haine (D)
Randall M. Hultgren (R)
Michael Noland (D)
Matt Murphy (R)
Ira I. Silverstein (D)
A. J. Wilhelmi (D)

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