Posted Nov 13, 2007 07:56 pm CST
In a test case that is expected to go farther, an Illinois trial judge ruled today that a 2005 state statutory cap on noneconomic damages in some medical malpractice cases should not be applied to a specific plaintiff.
Cook County Circuit Court Judge Diane Joan Larsen held that the law should not be applied to the case of Abigaile LeBron, who was allegedly injured during her 2005 birth, according to the Associated Press. Her decision reportedly was based on a constitutional argument that the cap violates victims’ rights to due process and equal protection.
American Insurance Association (“AIA Disappointed By Ruling That Invalidates Illinois’ Medical Liability Reform Law”).