In October 2016, we reported about this important case on the Illinois law on relation-back and how it applies in a medical malpractice lawsuit. In the underlying case of Sheri Lawler, as administrator who sued on behalf of Jill Prusak, the University of Chicago Medical Center and Advocate Christ Hospital and some doctors for medical malpractice in 2011, it was claimed that the doctors and the hospitals misdiagnosed Prusak’s central nervous system lymphoma. She unfortunately died in November 2013 while the case was still pending in the Circuit Court of Cook County, Ill.
The ultimate question in this Supreme Court case was whether an amended complaint was time-barred under the four-year statute of repose; 735 ILCS 5/13-212. While the case was pending, Lawler’s daughter, Jill Prusak, brought the case on behalf of her mother’s estate and asked the court to add a wrongful-death claim to the lawsuit. The Circuit Court judge rejected the motion and denied the Lawler family to amend the complaint saying it was time-barred under the four-year statute of repose.
However, the Illinois Appellate Court for the 1st District reversed that decision under the premise of the “amendments” or relation-back statute; 735 ILCS 5/2-616. The defendants appealed that decision to the Illinois Supreme Court.