HB7278 93RD GENERAL ASSEMBLY

LRB093 21530 LCB 48714 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7278

Introduced 3/18/2004, by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1115.3 new

Amends the Code of Civil Procedure. Limits the recovery of non-economic damages on account of death, bodily injury, or physical damage to property based on negligence, or on account of product liability based on any theory or doctrine, to $500,000 per plaintiff. Provides for liability limit increases and decreases based upon the percentage change in the consumer price index published by the Bureau of Labor Statistics of the United States Department of Labor. Requires that the Department of Insurance conduct a 10-year study of the effects of the liability limitation. Provides that the Department shall produce an update every 2 years and, at the end of the 10-year period, shall present a final report to the General Assembly. Effective immediately.

A BILL FOR

AN ACT concerning civil procedure.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 2-1115.3 as follows:

(735 ILCS 5/2-1115.3 new)

Sec. 2-1115.3. Limitations on recovery of non-economic damages.

(a) For purposes of this Section:

"Medical malpractice action" means any civil action in tort, contract, or otherwise, in which the plaintiff seeks damages for injuries or death arising out of the action or inaction of a hospital in rendering health care services to a patient inside the hospital or arising out of the action or inaction of a physician.

"Non-economic damages" mean subjective, non-pecuniary damages arising from death, pain, suffering, disfigurement, inconvenience, mental anguish, worry, emotional distress, loss of society and companionship, loss of consortium, physical impairment, injury to reputation, humiliation, embarrassment, loss of enjoyment if life, hedonic damages, increased risk of future injury, other non-pecuniary damages, and any other theory of damages such as fear of loss, illness, injury, or future loss.

(b) In all common law, statutory or other actions that seek damages on account of death, bodily injury, or physical damage to property based on negligence, or on account of product liability based on any theory or doctrine, recovery of non-economic damages shall be limited to $500,000 per plaintiff.

(b-5) In any medical malpractice action where an individual plaintiff earns less than the annual average weekly wage, as determined by the Industrial Commission, at the time the action is filed, any award for economic and non-economic damages must include an amount equal to this wage amount multiplied by the plaintiff's life expectancy in total weeks as if the plaintiff was earning this wage at the time of the injury that gave rise to the action.

(b-7) The finder of fact shall take into account and be made aware that the plaintiff's attorneys' fees in the case may not be paid out of any amounts awarded for economic or non-economic damages in the case.

(c) Every January 20, beginning in 2006, the liability limit established in subsection (b) shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index-u during the preceding 12 month calendar year. "Consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Comptroller and made available to the chief judge of each judicial circuit.

(d) The liability limits in effect when damages subject to the limits are awarded by final judgment or settlement shall be utilized by the courts.

(e) The Department of Insurance shall conduct a 10-year study of the effects of the liability limitation established in subsection (b). The Department shall produce an update every 2 years and, at the end of the 10-year period, shall present a final report to the General Assembly.

(f) Nothing in this Section shall be construed to create a right to recover non-economic damages.

(g) This amendatory Act of the 93rd General Assembly applies to causes of action accruing on or after its effective date.

Section 99. Effective date. This Act takes effect upon becoming law.