Spectrum News: Hochul has roughly 2 months to act on wrongful death expansion

By: Ryan Whalen

 A coalition of 35 organizations representing small businesses, the insurance industry, medical interests and more sent a letter to Gov. Kathy Hochul urging her to once again veto an expansion to the state's wrongful death statute.

National Federation of Independent Business State Director Ashley Ranslow said affordability polls among the most important issues for New Yorkers.

"We continue to do our advocacy efforts, talk to lawmakers and the governor's office about how problematic this bill is, how much impact it will have, again not just on small businesses. That's important but it's going to impact every consumer, every New Yorker," Ranslow said.

The legislation would allow family members who have lost loved ones to claim damages for emotional anguish. Trucking Association of New York President Kendra Hems said her industry understands the intent but has already seen a significant increase in settlements and the cost of insurance over the last decade and a half.

"They're having difficulties obtaining insurance and if they can't obtain insurance, they can't continue to operate and that has a direct impact on our supply chain," she said.

A coalition of supporters said lawmakers have made significant changes to the bill, including narrowing the definition of who can claim compensation, the amount of damages that can be recovered and the lookback window to make a claim. New York State Trial Lawyers Association President Victoria Wickman said they've made compromises.

"The bill has been narrowly tailored and it should be exactly what the governor asked for and it should be a bill that she should sign," Wickman said.

Opposition pointed to a report from actuarial Milliman that the new bill will have the same economic impact as previous versions, including a 40% increase in medical professional liability premiums.

"The changes and tweaks they made to the bill don't really get to the cost drivers," Ranslow said.

But supporters pointed out Milliman produced a similar report opposing another piece of legislation that extended the statute of limitations for medical malpractice and those projected cost increases did not materialize. They also said when Illinois passed similar wrongful death legislation, insurance premiums and incurred losses actually dropped significantly.

Wickman said Milliman's report is simply not credible.

"It's a falsity," she said. "It truly is a farce and anyone who believes it, it's incredible that it would be given even a shred of credibility."

Ranslow said New York should not be compared to Illinois because there are different circumstances, including the fact New York is already among the most litigious states in the country.