Center Square: Hochul urged to veto latest wrongful death expansion

By: Christian Wade

New York Gov. Kathy Hochul is again urged to veto a bill that would expand the state's wrongful death liability laws.

The latest proposal, approved by lawmakers in June, would allow more individuals to file lawsuits and seek damages in wrongful death cases and adds emotional anguish to the types of claims that can be pursued in court.

The new bill is a scaled-down version of the so-called Grieving Families Act, which Hochul vetoed in February, limiting damages that can be recovered, setting a shorter statute of limitations than the initial plan and providing a clearer definition of who is eligible to bring wrongful death claims.

But a coalition of groups that pushed Hochul to veto the original bill is asking the Democrat to reject the latest version of the proposal, arguing that it could face a raft of lawsuits and higher insurance premiums.

"Insurance premiums are already higher in New York than almost any other state in the country," they wrote. "This legislation would deter business creation, make it harder to retain and attract medical professionals, and strain our local governments’ limited resources. Access to government services will be put at risk."

The coalition, which includes insurance and business organizations, trade groups and local governments, argues that state lawmakers pushed the bill through the process without conducting "an accurate fiscal analysis of the impact on local governments, state agencies, and the private sector."

"Any claim that paying more people more money has no fiscal implications for state and local governments is misleading and absurd," they wrote.

Lawmakers who support the changes argue that most states allow some form of compensation to family members for emotional loss in wrongful death cases.

“New York is out of step with 47 other states’ wrongful death laws," said state Sen. Brad Hoylman-Sigal, a Democrat and primary bill sponsor. "We’ve denied countless family members the proper consideration for their loved ones since the current statute considers only economic loss."

New York’s current wrongful death law, which has been on the books since 1847, doesn't allow for non-economic losses in such civil lawsuits. It doesn't permit recovery for pain and suffering, mental anguish, or loss of companionship for surviving family members. It also restricts civil awards to pecuniary or tangible monetary damages.

Critics argue that the antiquated law prevents grief-stricken families from recovering damages for their emotional suffering, including the survivors of 10 victims killed last year in a mass shooting at the Buffalo supermarket.

But critics of the proposed legislation point to a recent global actuarial firm Milliman, Inc. analysis, which found the previous bill would increase insurance costs by as much as 40%, the group said.

"An additional annual cost of that magnitude is enough to drive physicians to avoid practicing maternity care and women’s healthcare altogether," the coalition said. "Staffing shortages will be compounded and access to quality care will be jeopardized."

Barbara Van Epps, executive director of the New York State Conference of Mayors and Municipal Officers, said if the bill becomes law, the increased liability costs will drain resources from municipal governments and impact small businesses and healthcare facilities that provide jobs and lifesaving services.

“As cities and villages across New York navigate workforce shortages and strained finances, the last thing they need to worry about is increased litigation and liability insurance costs," she said. "Before increasing liability in this way, lawmakers need to bring all stakeholders to the table to carefully craft a well-balanced bill, and analyze how it will impact both the public and private sector."