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HOWELL v. DUNAWAY

Nos. 5-09-0071, 5-09-0072.

924 N.E.2d 1190 (2010)

Nancy J. HOWELL, Plaintiff, v. Jessica J. DUNAWAY, Defendant (Nancy J. Howell, Petitioner-Appellee, v. Southern Illinois Hospital Services, d/b/a Herrin Hospital, Respondent-Appellant). Sherry D. Wendling, Plaintiff, v. Bobby E. Woolard, Defendant (Sherry D. Wendling, Petitioner-Appellee, v. Southern Illinois Hospital Services, d/b/a St. Joseph Memorial Hospital and Memorial Hospital of Carbondale, Respondent-Appellant).

Appellate Court of Illinois, Fifth District.

March 4, 2010.

Attorney(s) appearing for the Case

Michael F. Dahlen, Feirich/Mager/Green/Ryan, John R. Daly, Carbondale, IL, for Southern Illinois Hospital Services, d/b/a Herrin Hospital, St. Joseph Memorial Hospital, and Memorial Hospital of Carbondale.

Neal Heflin, Heflin Law Firm, Galatia, IL, for Nancy J. Howell.

John D. Foley, Anna, IL, for Sherry D. Wendling.

Justice WELCH delivered the opinion of the court:

These two cases have been consolidated for decision because they present a common question of law: whether a hospital's statutory lien for services rendered to an injured plaintiff, filed pursuant to the Health Care Services Lien Act (770 ILCS 23/1 et seq. (West 2008)), is subject to a reduction under the common-fund doctrine for attorney fees incurred by the injured...

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