Appellate Spotlight: Hinshaw Secures Appellate Victory in Chiropractic Negligence Lawsuit

A Hinshaw legal team consisting of Jill Eckhaus, William "Bill" Cook, and Richard Harris successfully secured the dismissal of a negligence lawsuit filed against a chiropractic clinic, a decision which was recently affirmed by the Appellate Court of Illinois, Second District. Jill and Bill secured the win at the lower court, while Richard handled the appeal.

The plaintiff had filed suit in 2023, claiming negligence by a chiropractor during a medical visit in October 2021. However, the plaintiff's attempt to e-file the complaint was rejected, as the filing was made within hours of the statute of limitations deadline. By the time the filing was eventually accepted, the deadline had passed.

The plaintiff sought acceptance of the late filing, pointing to Illinois Supreme Court Rule 9(d)(2), which permits relief in certain e-filing delays. However, Hinshaw's legal team opposed this motion, citing the appellate ruling in Kilpatrick v. Baxter Healthcare Corp., in which the court reinforced the importance of adhering to filing deadlines. The circuit court agreed and dismissed the case, and the appellate court later affirmed the decision on April 15, 2025.