SPRINGFIELD, Ill. - Medical groups and insurance companies believe a ruling yesterday by the state Supreme Court will prompt more malpractice suits, while the state's trial lawyers say it's a victory for patients. The Court ruled that the law capping non-economic damages in medical malpractice lawsuits is unconstitutional. The ruling comes in the case of Abigaile Lebron, a toddler who, because of complications at birth, is now permanently disabled. If the law had not been struck down, a jury would have had to limit non-economic damages to no more than $500,000.

While some say this is a victory for lawyers, Pete Flowers, president of the Illinois Trial Lawyers Association, says it's a victory for Abigaile.

"She won't be ever able to walk or talk. She eats through a tube in her stomach and she's in a wheelchair."

Flowers calls the ruling a victory for the Constitution.

"It's a victory for citizens of Illinois who have the rights their Constitution established, which are not going to be taken away because of some political argument that's occurring."

The American Hospital Association supported the law limiting awards, arguing it was written to address the rising costs of health care. Those who opposed the law say only one insurance company provided most of the medical malpractice coverage when the law took effect in 2005, and the lack of competition was responsible for rising costs. The ruling should have no impact on doctors' premiums, says Flowers, because the situation has changed.

"I don't think the premiums are going to go sky high because five or six or seven new insurance companies have come into Illinois. Now, you've already created this competitive environment."

Those who supported the law said it kept doctors from leaving Illinois because of the high costs of malpractice insurance. Flowers says there is no evidence of doctors leaving the state.





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Ohio lawmakers are exploring ways to address the state's looming retirement crisis.

According to The Pew Charitable Trusts, if the personal retirement savings situation remains unchanged, Ohio could expect to see a more than $11 billion increase in state spending over the next two decades.

House Bill 501 would create a Joint Legislative Study Committee tasked with studying retirement options for small businesses and state-facilitated workplace programs to improve access to retirement savings.

Amy Milam, associate state director of outreach and advocacy for AARP Ohio, said people are more likely to save for their golden years when they can do so by having a percentage of their paycheck deducted.

"In Ohio, we have 42% of Ohio's private sector workers -- that's roughly 1.8 million people -- who do not have access to a retirement savings plan through their employer," Milam reported.

Nationwide, around 64% of Hispanic workers, and 45% of Asian American workers lack access to an employer-provided retirement plan. According to an AARP report, almost three of four workers with less than a high school diploma lack a work-based retirement plan, a much higher percentage than those with a bachelor's degree.

Milam added more than a dozen other states have created partnerships with employers to offer state-sponsored plans to give employees access to Individual Retirement Accounts.

"Giving employees a simple way to save for retirement on the job means that fewer Ohioans will need to rely on public assistance later in life," Milam emphasized. "Which will benefit the individual and will also benefit the state by saving taxpayer dollars."

In some states, investment companies have pushed back on state-sponsored plans, seeing them as competition. But a 2023 survey by AARP found 92% of Ohio business owners support legislation creating a public-private retirement savings option for workers.

UPDATE: A response has been added from the Alliance for Automotive Innovation. (2:02 p.m. PDT, May 14, 2024)


A new study showed the flame retardants used in the seats of many cars emit toxic gases, and recommended the federal government reevaluate its flammability standards.

Researchers at Duke University and the Green Science Policy Institute in Berkeley studied the air and foam from 101 cars model year 2015 and newer, and found traces of two carcinogens on California's Prop. 65 list of harmful chemicals.

Robert Herrell, executive director of the Consumer Federation of California, called on the National Highway Traffic Safety Administration or state officials to act.

"We would hope that the relevant federal authorities would take a look at this," Herrell urged. "They have indicated that they're aware of this study, they're reviewing it. In some cases, California chooses not to wait necessarily for the feds to act, and we can try to act ahead of that."

The Alliance for Automotive Innovation said in a statement, "Automakers are committed to sustainability and include approved flame retardants in all passenger vehicles to meet the flammability standards required by the federal government to reduce...deaths and injuries to motor vehicle occupants caused by vehicle fires."

The study, in the journal Environmental Science & Technology, found the chemicals are released into the air two to five times more often in the summer when the car is hot. It recommended people park in the shade, air out their cars before getting in and avoid using the recirculated air feature in their vehicles.

Herrell noted his group fought to get the government to require furniture manufacturers to phase out similar flame retardants.

"Historically, the auto industry has really lagged behind on safety and consumer protection issues," Herrell asserted. "More often than not, they've been sort of dragged kicking and screaming into the modern age."

The flame retardants at issue do not prevent burning but they slow a fire's progression. Many fires starting inside cars begin with a dropped cigarette, so some experts have suggested the feds update flammability standards with a new anti-smoldering requirement, which could be met without the use of these types of chemicals.


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Supply chain disruptions mean consumers who need prescriptions filled in Indiana and around the country are running into roadblocks.

Parents and caregivers have limited options, as the availability of generic medications is running low. There are several causes: Inoperable manufacturing plants cause production delays and back orders pile up. A key pharmaceutical ingredient needed to make a certain medicine has been discontinued, causing additional problems.

Veronica Vernon, assistant professor of pharmacy practice at Butler University, called the situation dire.

"We're seeing one of the worst cases of prescription drug shortages that we've seen in recent years," Vernon observed. "Unfortunately, this is a cause for concern because you go to the pharmacy and expect them to have the medication in stock, and they don't."

Vernon acknowledged pharmacists cannot guarantee patients when a certain medication will be delivered. She advised parents and caregivers to schedule refills up to two weeks in advance to make sure they will be ready on time, if the pharmacy can even get the medication.

According to Singlecare.com, atorvastatin, sold under the brand name Lipitor, was the most prescribed drug in Indiana last year. It's used to lower cholesterol.

The shortages affect both brand name and generic drugs. Vernon suggested keeping good lines of communication open with your pharmacist and asking if there are any negative health risks tied to taking a generic, if one is available.

"One of the most important things you can do is to always keep a list of your current medications with you," Vernon recommended. "And also keep a record of what you've tried in the past. When my patients experience a shortage, I'll say let's try this other medication that's in the same class is expected to have the same effect. Have you tried that before?"

Statista.com estimated the total market for generic drugs worldwide was estimated at $412 billion in 2022 and the figure is expected to increase to more than $600 billion by 2030.


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