Celebrations All Around -- Or Maybe Not

by Ed Murnane

The happy scene portrayed in the photo at right took place in August, 2005, when Governor Blagojevich signed SB 475, now Public Act 94-677, the medical malpractice reform bill of 2005.

Some of the people behind him, in white coats, are physicians or other health-care professionals who joined him for the signing ceremony. It was held in Madison County, an area of Illinois that had been a hot bed in the fight for medical malpractice liability reform. Blagojevich - not a supporter of med-mal reform - realized that this was an issue he should jump on since it was approved in the General Assembly.

Hence, the Blago machine helped script and structure the event and the Governor himself showed up at St. Anthony's Hospital in Alton to sign the bill.

The happy scene portrayed in the second photo at right took place on May 31, 2007 -- last Thursday -- when Governor Blagojevich signed Public Act 95-003 into law. P.A. 95-003 had been referred to as the "grief and sorrow" bill. It was a trial lawyer-initiated bill and the primary impact of it will be more money for trial lawyers. True, the new law will provide financial compensation for the "grief and sorrow" that relatives of some decedents suffer in connection with the death of a family member.

As if money will really help anyone, except the trial lawyers who will collect their contingency fees.

There was no big signing ceremony for HB 1798 -- now P.A. 95-003. Neither the governor nor the trial lawyers -- nor anyone -- wanted to focus any more attention on this bill so it was signed ... when? ... who knows? It might have been in a dark alley behind the Capitol or in some local trial lawyers' office.

The Governor knows it is a bad law; the legislators who voted for it know it’s bad; trial lawyers know it’s bad law -- but it's good for them. They wanted no attention focused on this bill-signing. Perhaps Blagojevich’s almost-fistfight with Sen. Mike Jacobs was just one of many attempts to distract the media and others from this signing. (Jacobs, by the way, voted "NO" so maybe that's another reason Blagojevich was upset with him.)

Maybe it’s an encouraging sign when the Governor and his colleagues in the General Assembly realize when they are doing something that’s bad and don’t want to call any more attention to it than is necessary.

Maybe Governor Blagojevich realized that HB 1798 was so distasteful that he should sign it with as little attention as possible -- before the Citizens of Illinois (including doctors, hospitals, businesses, etc.) had a chance to say, "Hey, Gov, you ought to read that bill and think twice about it and veto it."

But he didn't -- although he did get those calls -- and HB 1798, now PA 95-003, is the law in Illinois.

The Governor's action, the trial lawyers' action in proposing such a bill, and the action by members of the Illinois General Assembly who voted for it, all seem very fitting for a legislative session that has been favorably described as a disaster.

And it's a legislative session that still goes on because the party in control of the Legislative and Executive branches of Illinois government seems incapable of leading and governing.

Maybe this is also one of the reasons the good guys - that’s us and our allies -were able to slow down any progress on another of the absolutely outrageous trial lawyer bills, SB 1296.

Whatever the reasons, SB 1296 was slowed down/stopped - at least for this session.

Maybe it was because legislators who actually looked at that bill thought - or asked - are they kidding?

Maybe it was because legislators heard from a LOT of constituents who had serious concerns and legislators themselves developed serious questions.

Maybe it was because opposition came from unanticipated sources: Chicago, local governments, including municipalities and park districts.

Whatever the reason, SB 1296 is on hold right now and maybe forever, at least in its present form. Those who opposed it because of what it would do should be prepared to resume the fight - perhaps not in November but certainly next year - because the proponents will figure out a way to make it seem like nothing more than a clarification of intended law that assures fairness for everyone, especially the most seriously injured. And a lot of Illinois legislators will swallow that baloney sandwich.

So keep the powder dry.

Cross-posted at Illinois Justice Blog.