New York Daily News: Mistakes merit compensation, but details count

By: Tom Stebbins

Albany: Re “Hochul must help grieving families” (op-ed, Nov. 16): I deeply sympathize with the grief shared by Nelson Ramirez and Jose Perez. Unfortunately, the Legislature continues to pass a version of the Grieving Families Act with only minor changes, addressing none of Gov. Hochul’s concerns.

Despite their slight amendments, the bill would still enact the most expansive wrongful death statute in the nation. Personal injury trial lawyers claim that Illinois has the same law. That is not true. The Illinois law allows for “pecuniary,” or economic, damages related to grief and loss, like therapy and professional support — not unlimited subjective damages for emotional distress, as this bill proposes.

In 2023, Hochul expressed her concerns in a Daily News op-ed (“Let’s agree on helping grieving families before today’s midnight deadline,” Jan. 30, 2023), calling for the Legislature to carefully analyze the potential economic impact of the proposal “on small businesses, families, doctors and nurses, struggling hospitals in underserved communities, and the overall economy.”

In violation of its own rules, the Legislature still has not done that. Lawmakers continue to claim that the fiscal impact will be “none.” That’s not possible. The additional awards have to come from somewhere.

To make this work, the Legislature must listen to Hochul to craft a balanced solution that delivers justice without jeopardizing our economy or health care system. Tom Stebbins, executive director, Lawsuit Reform Alliance of New York