In the waning hours of the Illinois General Assembly’s 101st session in January, the Illinois Trial Lawyers Association persuaded lawmakers to pass disastrous legislation that would have required the payment of pre-judgment interest in medical and other liability cases. HB 3360 would have enforced 9% interest on personal injury lawsuit damages, adding up to nearly nine
In the waning hours of the Illinois General Assembly’s 101st session in January, the Illinois Trial Lawyers Association persuaded lawmakers to pass disastrous legislation that would have required the payment of pre-judgment interest in medical and other liability cases.
HB 3360 would have enforced 9% interest on personal injury lawsuit damages, adding up to nearly nine times more than any other state. Further, it would have allowed for interest to accrue at the time of the incident – well before a case is even heard by a court. This would leave employers and physicians paying for years of added costs, no matter how frivolous the claims may be.
Illinois’ businesses and medical professionals would have suffered immensely under HB 3360. Governor Pritzker wisely vetoed this unfortunate piece of legislation.
The Trial Lawyers, undeterred, engaged lawmakers on an alternative legislation — Senate Bill 72 (SB 72) — that similarly enforces significant pre-judgment interest costs on medical and other liability claims, albeit at reduced rates. The House and Senate both passed the bill quickly on party line votes. In fact, lawmakers in the Senate passed SB 72 just moments after the Governor vetoed HB 3360.
SB72 amends the Code of Civil Procedures and forces the payment of pre-judgement interest at the inception of the lawsuit at a rate of seven percent. Ironically, the bill exempts the State, local units of government, school districts, and any other government entity. I wonder why that is?
The cost of litigation under SB 72 — like HB 3360 — would make Illinois unattractive to both businesses and physicians. The interest rates are enough to put a small business under, shrinking our business community more than the pandemic already did. Jobs will be lost, and our communities will suffer. The cost of both operating a business and practicing medicine would skyrocket.
Illinois currently has difficulty in retaining the physicians that are trained in Illinois. A good portion of the cost of that training is paid by the shrinking Illinois taxpayer base.
As in the past during prior malpractice crises, doctors will flee to more physician-friendly states, hurting the patients’ and impeding consumers’ access to healthcare. Rather than moving to a more reasonable and manageable Tort system, which has occurred in the past and has occurred in other, productive states, this bill will continue the regression of Illinois and continue to reinforce Illinois as a business unfriendly state.
Illinois’ economy is already struggling. This anti-growth piece of legislation should be vetoed by the governor.
We should make every possible effort, which includes contacting our local Illinois senators and representatives to voice an opposition to this destructive legislation. There is power in an informed citizenry. We, as an informed citizenry, must protect and support our businesses and healthcare workers, particularly given the ongoing pandemic and its fallout.
The first and most crucial step in this is for Governor Pritzker to veto SB 72. Governor Pritzker’s phone numbers are 217-782-0244 or 312-814-2121. Please call and relay your thoughtful and respectful opposition to this bill and encourage the governor to do his utmost to make Illinois taxpayer and business friendly.
Dr. Timothy Durkee, 1st Ward Alderman, Rockford City Council
Leave a Comment
Your email address will not be published. Required fields are marked with *