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by Susan A. Wagener In a recent decision, the Illinois Appellate Court First District held that a trial court’s failure to issue a loss of chance jury instruction denied the plaintiff a fair trial, and in so doing, reversed longstanding precedent that the Illinois Pattern Jury Instruction on proximate cause properly states the law in loss of chance medical malpractice cases. Bailey v. Mercy Hosp. & Med. Ctr., 2020 IL App (1st) 182702, ¶ 3.…
by Stephanie W. Weiner On May 28, Illinois Governor J.B. Pritzker signed SB 0072 into law. This provision amends 735 ILCS 5/2-3103 and provides for prejudgment interest of 6% for personal injury cases. Interest runs from the date the complaint is filed. Accrual of interest is tolled if a case is voluntarily dismissed. This legislation serves to impose interest on most elements of damages, including future damages, non-economic damages, and medical bills. It does not…
On May 14, 2021, the Missouri House of Representatives passed a bill (SS HB 345) to reform the notorious RSMo § 537.065. The Missouri Senate approved the bill earlier on April 13, 2021. If signed by the Governor, the bill would become law effective August 28, 2021. The bill can be read here. From the insurance industry perspective, the current version of RSMo § 537.065 (2017) often has allowed plaintiffs and insureds in certain…
Insurance coverage issues don’t often deserve such a headline, but this case is, well – different. Case Background If you lived in Missouri between 2011 and 2013, you’ll likely remember the horrible murder of Betsy Faria. She was killed inside her home in Troy, Missouri, two days after Christmas 2011. She’d been brutally stabbed 55 times. Betsy’s husband, Russ Faria, was convicted of the crime in 2013, but the conviction was overturned. He was acquitted…
Illinois’ Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. 740 ILCS 14/15. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. Id. But in the last few years, BIPA – with its statutory penalties of $1,000 for each negligent violation and $5,000 for…
In 2021, the Missouri General Assembly continues its effort for tort reform related to asbestos civil actions. This year’s proposed legislation is similar to legislation introduced in the past and includes substantive and procedural requirements for lawsuits filed for damages related to asbestos exposure. H.B. 363 H.B. 363, sponsored by Representative David Gregory, requires a plaintiff to disclose claims he or she has made with qualified asbestos trust funds. The bill also addresses the admissibility…
On March 25, 2021, Illinois Governor Pritzker vetoed House Bill 3360 (H.B. 3360) regarding prejudgment interest on personal injury and wrongful death cases. The Legislature, however, was quick to amend and pass another iteration of the bill, Senate Bill 72 (S.B. 72), which they sent to Governor Pritzker on April 1, 2021. ( S.B. 72 can be read here.) The purpose of H.B. 3360 and S.B. 72 is to amend the Illinois statute 735…
The definition of an insurance producer was part of what an Illinois appellate court analyzed in determining whether a two-year statute of limitations barred a plaintiff’s claim. Austin Highlands Dev. Co. v. Midwest Ins. Agency, Inc., 2020 IL App (1st) 191125. The Austin case provides great insight into the significance of whether a party acted as an insurance producer and any resulting protections such a designation may afford. Trial Court In Austin, Plaintiff, Austin Highlands…
On March 25, 2021, Illinois Governor J.B. Pritzker vetoed HB3360, which sought to expand the time frame for pre-judgment interest to plaintiffs in personal injury cases. That bill provided for 9% annual pre-judgment interest on all personal injury and wrongful death claims arising from negligence, willful and wanton misconduct, or intentional misconduct. The bill also provided that interest accrued as of the date of notice of the injury, not filing of suit, and applied to…
Under the National Practitioner Data Bank (NPDB), any “entity” that makes a settlement or verdict payment on behalf of a health care practitioner in a medical malpractice claim must report that payment and disclose the details to the NPDB. This means that if the practitioner’s insurance carrier or another entity pays a settlement or verdict on behalf of the practitioner, it must be reported. In some instances, however, there may be valid benefits for a…