Inaccurate Instructions and Interest on the Verdict: Takeaways from Johnson v. Advocate For the Medical Negligence Professional

In the landmark case of Johnson v. Advocate, critical issues surrounding jury instructions and prejudgment interest were brought to light, reshaping the landscape for medical malpractice defense in Illinois. The court’s decision emphasized the importance of accurately instructing juries on the sole proximate cause defense, a right long recognized in Illinois law. Additionally, the ruling clarified that high-low proposals made during deliberations do not qualify as settlement offers, preserving the potential for significant financial implications post-verdict. This case serves as a vital reminder for defense attorneys to strategically navigate complex legal challenges and protect their clients’ interests.

Illinois Appellate Court Rules on Sole Proximate Cause Jury Instruction

On May 7, 2025, the First District of the Illinois Appellate Court affirmed a $20 million medical malpractice verdict against a hospital, holding that while the defendant was entitled to a non-pattern jury instruction on sole proximate cause, the trial court’s failure to give the instruction was harmless. The court further ruled that a proposed high-low agreement did not qualify as a settlement offer under Illinois’ prejudgment interest statute, allowing prejudgment interest to remain available despite the verdict.

The Illinois Prejudgment Interest Statute: Is It Unconstitutional?

The Illinois Prejudgment Interest Statute has sparked significant debate since its amendment in 2021, with attorneys grappling over its implications for personal injury cases. Following a ruling by Cook County Judge Marcia Maras declaring the statute unconstitutional, the legal landscape has become increasingly complex. As trial judges in Cook County begin to uphold the statute, the question remains: what does this mean for future cases? Dive into the intricacies of this evolving legal issue and discover how it may impact clients and attorneys alike in Illinois. Stay informed as we track the latest developments in this critical area of law.