SB1979sam003 94TH GENERAL ASSEMBLY

Sen. Frank C. Watson

Filed: 4/11/2005

09400SB1979sam003 LRB094 11877 WGH 45013 a

AMENDMENT TO SENATE BILL 1979

AMENDMENT NO. ______. Amend Senate Bill 1979, AS AMENDED, in the introductory clause of Section 5-10, after "2-1109,", by inserting "2-1118,"; and

in the introductory clause of Section 5-10, after "2-1704.5,", by inserting "2-1706.5,"; and

in Section 5-10, by inserting immediately below Sec. 2-1114 the following:

"(735 ILCS 5/2-1118)

(This Section was repealed by P.A. 89-7, which has been held unconstitutional)

Sec. 2-1118. Exceptions. Notwithstanding the provisions of Section 2-1117, in any action in which the trier of fact determines that the injury or damage for which recovery is sought was caused by an act involving the discharge into the environment of any pollutant, including any waste, hazardous substance, irritant or contaminant, including, but not limited to smoke, vapor, soot, fumes, acids, alkalis, asbestos, toxic or corrosive chemicals, radioactive waste or mine tailings, and including any such material intended to be recycled, reconditioned or reclaimed, any defendants found liable shall be jointly and severally liable for such damage. However, Section 2-1117 shall apply to a defendant who is a response action contractor. As used in this Section, "response action contractor" means an individual, partnership, corporation, association, joint venture or other commercial entity or an employee, agent, sub-contractor, or consultant thereof which enters into a contract, for the performance of remedial or response action, or for the identification, handling, storage, treatment or disposal of a pollutant, which is entered into between any person or entity and a response action contractor when such response action contractor is not liable for the creation or maintenance of the condition to be ameliorated under the contract.

Notwithstanding the provisions of Section 2-1117, in any medical malpractice action, as defined in Section 2-1704, based upon negligence, any defendants found liable shall be jointly and severally liable.

(Source: P.A. 84-1431.)"; and

in Section 5-10, by inserting immediately below Sec. 2-1704.5 the following:

"(735 ILCS 5/2-1706.5 new)

Sec. 2-1706.5. Standards for economic and non-economic damages. In any medical malpractice action in which economic and non-economic damages may be awarded, the following standards shall apply:

(1) Except as provided in paragraph (5), in a case of an award against a hospital and its personnel or hospital affiliates, as defined in Section 10.8 of the Hospital Licensing Act, the total amount of non-economic damages shall not exceed $500,000 awarded to all plaintiffs in any civil action arising out of the care.

(2) Except as provided in paragraph (5), in the case of an award against a physician and the physician's business or corporate entity and personnel or health care professional, the total amount of non-economic damages shall not exceed $250,000 awarded to all plaintiffs in any civil action arising out of the care.

(3) In awarding damages in a medical malpractice case, the finder of fact shall render verdicts with a specific award of damages for economic loss, if any, and a specific award of damages for non-economic loss, if any.

(4) In any medical malpractice action where an individual plaintiff earns less than the annual average weekly wage, as determined by the Worker's Compensation Commission, at the time the action is filed, any award may include an amount equal to the wage the individual plaintiff earns or the annual average weekly wage.

(5) In a case where the plaintiff's care involved negligence that was the primary cause of any of the following outcomes as determined by the court: (i) the plaintiff is hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by 1 or more of the following: injury to the brain or injury to the spinal cord, (ii) the plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living, or (iii) there has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate, the following standards for awarding non-economic damages shall apply:

(A) the total amount of non-economic damages shall not exceed $750,000 awarded to all plaintiffs in any civil action arising out of the care against a hospital and its personnel or hospital affiliates, as defined in Section 10.8 of the Hospital Licensing Act; and

(B) the total amount of non-economic damages shall not exceed $500,000 awarded to all plaintiffs in any civil action arising out of the care against a physician and the physician's business or corporate entity and personnel or health care professional.

(6) The court shall reduce an award of damages in excess of the limitations set forth in this Section to the amount of the appropriate limitation set forth in this Section. The jury shall not be advised by the court or by counsel for either party of the limitations set forth in this Section.".