Although the tort liability bill has been passed by the Illinois General Assembly, the debate continues about the effects of reform.

Gov. Jim Edgar signed House Bill 20 into law last week, capping the amount of pain and suffering damages at $500,000 for medical malpractice and product liability cases.

Ed Murnane, president Illinois Civil Justice League, said the tort liability system in Illinois is already costing every taxpayer more than $1,000 a year.

"The situation has gotten out of hand for everyone," he said. "The people of Illinois have had their say."

But Keith Hebeisen, a partner with Clifford Law Offices and a member of the Illinois Trial Lawyers Association, said the bill was rushed through the House in only 48 hours, and he believes many legislators didn't know exactly what they were voting for.

"The legislation will punish people who are harmed," he said. "This is allowing government to intrude in our lives."

Both Murnane and Hebeisen debated the new tort liability reform law Wednesday at a forum sponsored by the Greater Wheaton and Naperville Area Chambers of Commerce.

The bill, which also caps punitive damages but does not cap economic damages, will affect the taxes for local government, schools, park districts, organizations, and businesses, Murnane said.

Money set aside for possible litigation for liability cases will be drastically decreased, he said. For instance, the city of Wheaton sets aside $589,000 each year for possible tort liability cases, Murnane said.

"Think of what could be done with that (money) each year," he said.

The effects of tort liability are seen in astronomical liability insurance costs and awards such as the McDonald's Corporation case in which a woman received a $2.9 million award from a jury after spilling coffee on her lap, causing severe burns. The award was subsequently greatly reduced by a judge.

In Illinois, there are 30 counties that have no obstetrician-gynecologist because of the high costs of liability, Murnane said.

"That's not a serious problem for the doctors," he said. "It's a problem for pregnant women who may have to travel a distance to get the care they need."

Consumers could benefit from lower costs on certain hardware items, like chain saws, or cutlery, where half of the cost of the product is a direct result of liability costs of the manufacturer, Murnane said.

"The system is not about making people rich, or rewarding them for being injured," he said.

Within 16 minutes of the March 9 signing of the bill, a lawsuit was filed in Cook CountyCircuit Court to block the reform. The principal plaintiff is the executive director of the Coalition of Consumer Rights, an organization established and funded by the Illinois Trial Lawyers Association.

Hebeisen said the law does not provide for adequate compensation. In fact, tort liability cases comprise only 5 to 9 percent of all civil litigation. Business contract disputes and divorce cases are the bulk of civil cases, he said.

"This is government interfering where it doesn't belong," he said. "I doubt the public knew what it meant."

The bill waives patient-physician privilege, so when someone files a lawsuit, the doctor has to release information about the patient, Hebeisen said.

If a product is 10 years or older, a person cannot sue the manufacturer. For instance, if a 10-year-old plane crashes, relatives cannot sue the manufacturer of the plane, Hebeisen said.

When the bill reached the Senate, Democrats offered an amendment, saying if insurance and health care rates didn't decrease in two years, the bill would expire, Hebeisen said.

"I assure you there won't be a nickel of savings," he said.

However, because the statute of limitations allows attorneys up to two years to file cases, the full impact of the reform won't be felt by then, Murnane