Illinois Supreme Court Dismisses Interlocutory Appeal Regarding Claim of Unconstitutional State Law

This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court.

The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under Section 26 of the Voluntary Health Services Plans Act. The Circuit Court of Cook County judge denied defendant’s Section 2-619 motion on the grounds that a 1988 amendment to Section 26 is unconstitutional.

The denial of the motion to dismiss is an interlocutory ruling, and it was found not to be subject to review by the Supreme Court under Rule 302(a)(1).

There were no circumstances presented in this case to relax the finality requirement Rule 302(a)(1).

The Circuit Court’s order is vacated as it did not follow procedures and standards required for a Circuit Court to declare a statute unconstitutional.

Gonzalez v. Union Health Service Inc., 2018 IL 123025 (Nov. 29, 2018).

Kreisman Law Offices has been handling wrongful death lawsuits, medical malpractice cases, birth injury lawsuits, cerebral palsy injury lawsuits and nursing home abuse lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Evergreen Park, Bridgeview, LaGrange Park, Maywood, Berkeley, Elmhurst, Elmwood Park, Hinsdale, Wilmette, Waukegan, Joliet, Palatine, Buffalo Grove, Chicago (Ashburn, Marquette Park, Englewood, Roseland, Lake Calumet, Riverdale, East Side, Stockyards), Westchester, Long Grove, Highwood and Glenview, Ill.

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