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Hochul Vetoes Wrongful Death Trial Expansion Bill
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Hochul Vetoes Wrongful Death Trial Expansion Bill

©Tingey Injury Law Firm | Unsplash

©Tingey Injury Law Firm | Unsplash

(The Center Square) — New York Governor Kathy Hochul vetoed the latest version of a bill to expand the state’s wrongful death law, marking the third time she rejects the bill.

Hochul used his veto Friday to reject the revised Grieving Families Act, which called for updating New York’s nearly 180-year-old wrongful death law to allow families to seek damages -emotional interests. Under current law, they can only sue for financial damages, such as lost wages.

“While well-intentioned, these changes likely would have resulted in higher costs for patients and consumers, as well as other unintended consequences,” Hochul wrote in his veto message. “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 previous rounds of negotiations.

New York State Trial Lawyers Association President Victoria Wickman blasted the decision, calling Hochul’s veto a “cruel reminder” that she “chose to prioritize protecting big business over stand alongside grieving New Yorkers.”

“How many more families will have to suffer without justice before this governor takes action?” Wickman said in a statement. “We are in the midst of an epidemic of infant and maternal mortality, and yet the governor continues to ignore the urgent need for health care accountability.”

But Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, praised Hochul for defeating the bill, saying she “showed true leadership in vetoing this deeply flawed legislation.”

“Despite relentless pressure from the trial lawyer lobby and their attempts to exploit the tragedy for profit, the governor has stood firm, prioritizing the well-being of families, the health care system, educators and small children. businesses in New York rather than for the profits of law firms,” he said in a statement. “It’s time to put an end to these unilateral and sweeping proposals and bring all stakeholders to the table to develop legislation that works for everyone.”

New York’s current wrongful death law, in effect since 1847, does not allow non-economic losses in such civil suits. It does not provide recovery from pain and suffering, mental anguish or loss of companionship for surviving family members. It also limits civil damages to monetary or property damages.

Critics argue the outdated law prevents grieving families from recovering damages for their emotional suffering, including survivors of 10 victims killed in a 2022 mass shooting at the Buffalo supermarket.

Hochul has vetoed similar proposals to expand the law, most recently in January, when she rejected a version of the current legislation.

Supporters of the latest plan amended the bill to narrow the list of family members who can file a lawsuit, limiting it to spouses or domestic partners of the deceased. The Assembly and Senate passed it in June, but differences between the bills had to be resolved before they reached Hochul’s desk.

However, critics strongly opposed proposals to expand the law, arguing that it would impose unfair financial burdens on businesses, hospitals and the insurance industry. A recent report from consulting firm Milliman found that the latest bill would result in an estimated 40% increase in medical malpractice premiums.

New York State’s legal system is consistently ranked among the worst in the nation in the American Tort Reform Association’s annual “Judicial Hellholes” report. New York, New York City and even Albany have been part of the “judicial hells” for nearly 15 years, according to the association.