Wendling v. Southern Illinois Hospital Services

Summary

The Illinois Supreme Court held that the common fund doctrine does not apply to health care liens under the Health Care Services Lien Act. Because hospitals’ claims against patients existed independently of the patients’ personal-injury settlements, the hospitals were not required to pay a proportionate share of the patients’ attorney fees.

Holdings

1. The common fund doctrine does not apply to health care liens held by hospitals under the Health Care Services Lien Act; hospitals are not required to pay a proportionate share of attorney fees incurred in creating the settlement fund.
2. Bishop did not expand the common fund doctrine to the relationship between a plaintiff and a lienholder hospital.
3. Maynard v. Parker remains controlling and should not be overruled.

Questions Presented

1. Whether the common fund doctrine requires hospitals holding liens under the Health Care Services Lien Act to pay a proportionate share of the injured plaintiffs' attorney fees.
2. Whether Bishop v. Burgard expanded the common fund doctrine to cover the creditor-debtor relationship between an injured plaintiff and a hospital lienholder.
3. Whether Maynard v. Parker should be overruled.

Disposition

reversed_and_remanded