In the case of Lebron v. Gottlieb Memorial Hospital, the Illinois Supreme Court has affirmed Judge Diane Larsen's Order finding caps on non-economic damages in a medical malpractice action unconconstitutional as a violation of the separation of powers clause. The Court followed its decision in Best, reasoning the Act amounted to an "unconstitutional legislative remittitur" and was a legislative attempt to "exercise powers properly belonging to the judiciary." The majority opinion was written by Justice Fitzgerald and joined by Justices Freeman, Kilbride and Burke. The dissent was authored by Justice Karmeier and joined by Justice Garman. Justice Thomas did not take part in the decision. The decision reversed Judge Larsen's finding that the statute was "unconstitutional as applied to plaintiffs," since Judge Larsen had conducted no evidentiary hearings and made no findings of fact. The Supreme Court determined that, absent an evidentiary hearing, the constitutional challenge had to be facial and affirmed the circuit court's finding that the statute was facially invalid.
View Article: The Lebron Decision: Court Says No Again to Caps in Medical Malpractice Lawsuits