Judge rules in favor of Rockford in Mercyhealth flooding lawsuit

ROCKFORD, Ill. (WTVO) — The City of Rockford will not have to pay $29.5 million in damages sought by Mercyhealth for flooding damage to its Rockton Avenue campus in 2018.

Two lawsuits, brought by Javon Bea Hospital and Federal Insurance Co, alleged that the City was negligent in maintenance of the storm drain and sewer system near the hospital. The suit said that on June 18th, 2018, waters backed up and ran toward the hospital, located at 2400 N Rockton Avenue, resulting in a glass window shattering and allowing water to flood into the hospital, resulting in “significant and catastrophic damage.”

The suits alleged that the city failed to install adequate drainage for the hospital in 1962.

In 2023, Judge Lisa Fabiano dismissed with prejudice portions of the lawsuits. The City then filed a motion for a summary judgment in its favor on all remaining claims.

The judge subsequently ruled in favor of the City.

“We appreciate the court’s careful consideration of the facts and are pleased with the outcome,” said Mayor Tom McNamara. “From the beginning, we believed the City acted responsibly and appropriately. This decision reinforces our strong confidence in the work of our Public Works team.”

Mercyhealth suspended services at the Rockton Avenue campus in June.

Mercyhealth eliminated inpatient services at the Rockton campus in 2020, relocating emergency room services to its Riverside campus.

Mercyhealth said the move was necessary after decreased volume in its emergency departments, an increase in telemedicine, and lower surgery volumes during the COVID-19 pandemic.

According to CEO Javon Bea, the decision was made partly due to flooding concerns.

McNamara, Rep. Maurice West (D), Rep. Dave Vella (D), and Sen. Steve Stadelman (D) pushed back against Bea’s claims, saying Bea intended to close the West side campus ever since the announcement of the new, multi-million dollar hospital on East Riverside, despite his repeated assurances to the contrary.

The Riverside hospital was named Mercyhealth Javon Bea Hospital – Riverside when it opened in 2018.

In 2020, Mercyhealth discontinued care for local IlliniCare, Meridian, Molina Medicaid, and Blue Cross Blue Shield patients. Mercyhealth said its losses from Medicaid exceed $30 million a year.

Bea, a Rockford native, has served as the President and CEO of Mercyhealth since 1989. He is credited with much of the growth Mercyhealth has had over the last three decades.