Madison County Illinois' mediation rule helps avert wrongful death trial
On May 8, 2006, Alinda Rust filed a lawsuit in Madison County Circuit Court, against VIP Manor In Wood River, Illinois alleging medical malpractice in the care of her mother, Viola Baehler. According to the lawsuit, Baehler suffered from dehydration, malnutrition and sepsis. Baehler was aresident at VIP Manor from May 12, 2004 up until her death on Sept 20, 2004.
Madison County's rule on mandatory mediation in medical malpractice cases was instrumental in the two sides reacing a settlement and avoiding a lengthy trial. The Illinois Supreme Court approved the rule in June of 2007 and the rule was implemented in September 2007. Madison County was the first in Illinois counties, to make mediation mandatory in medical malpractice cases.
The rule is unique in that it allows for the parties to choose between a judge or lawyer to act as mediators in the their case. The rule also sets restrictions on motions to dismiss involving certificates of merit.
On February 7, Madison County Chief Judge Ann Callis assigned the case to Associate Judge Ralph Mendelsohn to mediate.
If the two sides were unable to reach a compromise during the mediation, a jury trial would have started October 14. The terms of the settlement were sealed and and disclosed.
