Cook County Circuit Court Judge Diane Larsen ruled today that Public Act 94-677, the law that imposes arbitrary caps on damages for all victims of medical negligence, violates the Illinois Constitution as an improper exercise of legislative power. This is an important victory for the rule of law and constitutional government over the rule of special interests.

From the beginning of the debate about the law imposing caps on damages, the Illinois Trial Lawyers Association (ITLA) has consistently said that this flawed law is unconstitutional. Judge Larsen’s ruling marks the third time over a span of 31 years that Illinois courts have struck down limits on damages in medical malpractice cases.

Indeed, the Illinois Supreme Court has twice before in the 1976 Wright case and the 1997 Best case ruled that caps on damages are unconstitutional. Today’s ruling provides further confirmation that - despite the power and influence of the insurance lobby - laws that violate the state constitution will not stand.

One thing is clear: Our state constitution does not allow those who have been most seriously injured as a result of medical negligence to have their rights taken away in order to give bonuses to insurance companies.

There are appropriate ways to address the underlying issues that prompted passage of this law. The record profits of insurance companies provide clear evidence that they are taking advantage of Illinois doctors and patients. The real solution to the problem of rising medical malpractice premiums is meaningful insurance reform.

ITLA remains firmly committed to preserving access to the courts and the right to trial by jury. Ultimately, it is the Illinois Constitution that protects all the citizens of Illinois against the attempts of powerful special interests to take away their rights.

It should be heartening to all of us that today a young child named Abigaile LeBron, who suffers brain damage as the result of medical negligence, is a step closer to receiving justice.