Marilyn Griffin v. State of Illinois

ORDER

BIRNBAUM, C.J. The matter is before the Court to rule on Respondent’s Motion to Reconsider dated June 7, 2022, and Claimant’s Reply dated August 15, 2022. For the reasons set forth below, Respondent’s Motion to Reconsider is granted.

On March 7, 2022, we issued an Order denying Respondent’s Motion to Dismiss. In rendering our decision we cited Tirado v. State, 13 CC 0452 and in so doing held that a claim for institutional negligence in the Court of Claims may survive an unsuccessful medical negligence claim against a health care professional in the Circuit Court.

In its Motion to Reconsider Respondent points out that the claimant in Tirado, pled institutional negligence in the case filed with the Court of Claims. That action was held on general continuance while a Circuit Court action was being litigated.

Respondent argues that unlike Tirado, the Claimant here did not plead institutional negligence in her claim with this Court. Respondent cites Franklin v. Little Company of Mary Hospital, 2017 Ill. App 1st District 161585-U. In that case, the Appellate Court ruled the relation back doctrine does not allow an institutional negligence claim to be added after the statute of limitations in an underlying negligence action had run.

We agree. In the instant case, there was no claim for institutional negligence claim in the complaint at bar.

Therefore, Respondent’s Motion to Reconsider is GRANTED and the Motion to Dismiss is GRANTED.

It is so ordered.