Johnson v. Advocate Health and Hospitals Corp.

Plaintiff, individually and on behalf of her minor child, filed a lawsuit for medical malpractice, alleging that defendant’s negligence during a delivery caused neurodevelopmental disabilities of the plaintiff’s child. A jury found in favor of the plaintiff and defendant appealed. On appeal, defendant argued that the trial court erred when it refused defendant’s proposed jury instruction on sole proximate cause in favor of the revised IPI 15.01. Defendant also argued that the trial court erred when it awarded pre-judgment interest, contending that a high-low agreement defendant proposed during jury deliberations barred pre-judgment interest. The appellate court held that IPI 15.01 fails to provide an instruction on sole proximate cause and that defendant was entitled to a non-pattern jury instruction but affirmed by finding that defendant did not suffer serious prejudice. The appellate court also affirmed the award of pre-judgment interest, concluding that a high-low proposal is not a settlement offer as contemplated in the prejudgment interest statute. (LAMPKIN and REYES, concurring)