ELMHURST – Now that Gov. J. B. Pritzker has limited civil liability for health care providers fighting a global virus, the Illinois Civil Justice League is calling on legislators to give his executive order the force of law.
League president John Pastuovic recommended legislation on April 21, voicing concern that lawyers would try to invalidate Pritzker’s order.
“If they succeed, our health care providers and facilities will find themselves under attack by an outbreak of lawsuits,” Pastuovic said.
He said New York recognized this potential problem and enacted legislation to codify their governor’s protection of health care providers.
Pritzker’s emergency orders will expire on April 30.
His order on liability immunized health facilities, professionals, and volunteers in the course of rendering assistance to the state.
Pritzker also immunized himself, the state, and political subdivisions.
For both groups he provided exceptions for gross negligence or willful misconduct.
Pastuovic’s statement for the Illinois Civil Justice League recommended a policy paper the American Tort Reform Association (ATRA) released on April 14.
“Personal injury law firms are already recruiting individuals to sue now even if they have not contracted the disease,” it states.
It argues that states could reasonably constrain suits that pose an obstacle to the response effort, place businesses in jeopardy, and further damage the economy.
It also proposes that no one could allege injury from exposure except in cases of serious physical injury or death.
“Decisions should be made based on patient and public health, not fear of lawsuits,” it states.
ATRA proposes protection for businesses that shifted production.
“In this environment, prototype analysis, testing, and quality control may not be at ordinary, non emergency levels,” it states.
Pritzker and six other governors have signed orders limiting liability, and legislators in New York and Kentucky have followed through with legislation.
Turning Pritzker’s order into law would require Democratic Party leaders to shrink the pool of clients for some of their biggest donors.
A survey of firms advertising a practice in malpractice or litigating such cases confirms their status as pillars of the party in the last three months of last year.
Chicago firms Power Rogers and Cooney and Conway each gave Speaker Mike Madigan’s campaign $32,500, as did Tom Keefe’s firm in Swansea.
Cogan and Power of Chicago gave Madigan $28,000, and Levin and Perconti of Chicago gave him $28,000.
Wise Morrissey of Chicago gave him $25,000, and Corboy and Demetrio of Chicago gave him $22,500.
Jack Beam’s firm in Chicago and Mark Prince of Marion each gave him $11,500, and Motherway Napleton of Chicago gave him $10,000.
Cooney and Conway gave the Illinois Democratic Party $12,500 in the fourth quarter, as did Keefe and Power Rogers.
Corboy and Demetrio gave the party $10,000, and Wise Morrissey and Motherway Napleton each gave the party $5,000.
Cogan and Power gave $3,000, Levin and Perconti gave $3,000, and Beam and Prince each gave $1,500.
Cooney and Conway, Power Rogers, and Keefe each gave $12,500 to a Democratic Majority committee.
Corboy and Demetrio and Mark McNabola’s firm in Chicago each gave $10,000.
Wise Morrissey gave $4,000, Levin and Perconti gave $3,000, Cogan Power gave $3,000, and Prince and Beam each gave $1,500.
In the last four years, Keefe contributed $1,773,506 to Illinois candidates, Cooney and Conway contributed $1,338,275, and Power Rogers contributed $1,293,378.