Another 2-622 Opinion - April 21, 2005

The 4th District has issued another 2-622 decision. In Cothren v. Thompson, the appellate court affirmed the trial court's decision and dismissed the plaintiff's complaint with prejudice for failure to file a 2-622 report within 90 days of the plaintiff's request for an extension of time to do so. This is consistent with the recent decision in Cargill. However, unlike the Cargill decision, this court stated that trial courts may extend the time for filing a 2-622 report "for good cause shown". In Cothren, the plaintiff claimed he did not file the 2-622 in a timely manner because his 2-622 physician was in jail and plaintiff's counsel was having a hard time communicating with the doctor. Appropriately so, the appellate court held this did not amount to "good cause". Bottom Line:Courts do not have discretion to waive the requirements of 2-622 (Cargill), although they may extend the time for a 2-622 report beyond the 90 days "for good cause shown" (Cothren).