Times Union: Hochul vetoes Grieving Families Act for third year, citing cost

By: Dan Clark

A bill that would have allowed families to seek damages in wrongful death lawsuits based on the grief and anguish they suffer due to the loss of a loved one has been vetoed for a third year by Gov. Kathy Hochul.

One of the bill’s sponsors is retiring from the Legislature but the other said he will revive the bill in next year’s legislative session in hopes of hitting the right balance for the governor.

“This is a David vs. Goliath battle, and we will continue fighting for justice until the governor prioritizes the needs of New Yorkers,” said state Sen. Brad Hoylman-Sigal, a Democrat and the bill’s sponsor in the state Senate.

The legislation had been met with powerful opposition from local government leaders and the health care industry, which argued that it would create an explosion of costly litigation at the expense of those they serve.

Health care leaders had warned that the expense of that litigation coupled with what they predicted to be higher medical malpractice insurance rates would have driven up the cost of services for patients.

But they were also concerned that New York would have more trouble attracting new doctors to the state, which is already facing a shortage of providers.

“This bill would have made it harder to recruit and retain doctors which, in turn, impedes patient access to care and worsens health disparities,” said Bea Grause, president of the Healthcare Association of New York State.

When someone files a wrongful death lawsuit in New York, they can only pursue damages based on the decedent’s perceived financial value. That includes the projected income they would have generated over their lifetime and any other lost assets.

But supporters of the bill vetoed by Hochul have argued that the scope of the current law doesn’t allow all families to hold the people and entities accountable that are alleged to be responsible for someone’s death.

An example often cited by supporters is the death of a child, who has no perceived financial value under the law. Their family could seek damages for their medical bills and funeral costs but not much else.

The bill would have expanded that law to allow families that file wrongful death lawsuits to seek damages based on the anguish or grief caused by their loss. The amount would have been determined case-by-case.

“This 177-year-old law is cruel and outdated, considering only economic loss and devaluing the lives of people of color, women, children, seniors and those with disabilities,” Hoylman-Sigal said. “It is unconscionable that such a law still exists in a blue state like New York in 2024.”

Hochul had already vetoed the bill twice, citing the potential it had to drive up costs for hospitals, businesses and local governments, but lawmakers had rewritten parts of it in hopes of winning her support. That didn’t happen.

“For the third year in a row, the Legislature has passed a bill that continues to pose significant risks to consumers, without many of the changes I expressed openness to in (the) previous round of negotiations,” Hochul said in a memo alongside the veto.

The bill’s largest and most powerful proponent has been the New York State Trial Lawyers Association, which has lobbied hard for its approval.

About a fifth of lawmakers voted against it when it came to the floor of both chambers in June. Hochul has been the harder party to convince.

“We are in the midst of an infant and maternal mortality epidemic, yet the governor continues to ignore the urgent need for accountability in health care,” said Victoria Wickman, president of the Trial Lawyers Association.

While the bill’s future is certain with Hoylman-Sigal, its sponsor in the Assembly is less clear. Assemblywoman Helene Weinstein, a Democrat who’s carried the bill for about three decades, is retiring from office this year.

Hochul is likely to veto the bill again next year if lawmakers approve another version without substantial changes. That could present a new opportunity, said Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York.

“Thoughtful, pragmatic lawmaking requires more than good intentions — it demands careful study and balanced solutions that address real problems without turning our public schools, safety-net hospitals, and emergency services into collateral damage,” Stebbins said.

The new legislative session is scheduled to begin on Jan. 8.