New York Law Journal: Hochul Vetoes 'Grieving Families' Bill, Faulting a Lack of Changes to Suit Her Concerns

By: Brian Lee

New York Gov. Kathy Hochul has again vetoed the Grieving Families Act on Dec. 20, stating that she found it similar to past versions she declined to sign into law.

A priority of the New York State Trial Lawyers Association, the bill was meant to update New York's 177-year-old wrongful death statute and have it join 48 other states in compensating family members for emotional loss in wrongful death cases, while also broadening the categories of people who can seek money damages.

Hochul vetoed it for a third consecutive time, again citing her belief that it would adversely impact the health care industry.

"Over the past few years, the Legislature has passed legislation that would make substantial changes to New York's wrongful death law, would fundamentally alter wrongful death jurisprudence," Hochul wrote.

"While well-intentioned, these changes would likely have resulted in higher costs to patients and consumers, as well as other unintended consequences. 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. At a time when New Yorkers are already facing higher costs of living due to inflation and other factors, genuine concerns have been raised that the bill may lead to higher costs, including insurance premiums, and may also risk the financial well-being of our healthcare system, including those hospitals that serve disadvantaged communities."

Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, expressed appreciation for the governor's veto.

“There’s a way to modernize the law without tipping the scales of justice so far that everyone loses," Stebbins said in a statement, which saluted Hochul's "leadership."

"Despite relentless pressure from the trial lawyer lobby and their attempts to exploit tragedy for profit, the Governor stood firm, prioritizing the well-being of New York’s families, healthcare system, educators, and small businesses over law firm profits," Stebbins said. "It’s time to end these one-sided, radical proposals and bring all stakeholders to the table to craft legislation that works for everyone. That’s the kind of leadership and vision New Yorkers need and deserve.”

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