The Center Square: Hochul vetoes wrongful death lawsuit bill

By: Christian Wade

New York Gov. Kathy Hochul has once again vetoed a bill that called for expanding the state's wrongful death liability laws, citing concerns that it would drive up insurance costs and prompt frivolous lawsuits.

The proposal, approved by the state Legislature in June, called for allowing 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.

Hochul said the so-called Grieving Families Act was "well-intentioned" but would result in "unintended consequences" for the state's health care and insurance systems.

"Legitimate concerns have been raised that this bill would likely lead to increased insurance premiums for the vast majority of consumers, as well as risk the financial well-being of our healthcare facilities — most notably for public hospitals that serve disadvantaged communities," the governor wrote to lawmakers.

Hochul vetoed a bill's previous version in January, citing similar concerns.

In response to concerns raised by Hochul in her previous veto, lawmakers amended the bill by 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.

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.

But the move to amend the law faced major pushback from a coalition of insurance and business organizations, trade groups and local governments, who argued that state lawmakers pushed the bill through the process without conducting a proper fiscal analysis of the impact on local governments, state agencies and the private sector.

"There’s a big difference between modernizing the law and enacting legislation as radically expansive as this bill," Tom Stebbins, Executive Director of the Lawsuit Reform Alliance of New York, said in a statement. "If the legislature is serious about reform in this area of law, it is time to bring all stakeholders to the table to craft a bill that benefits grieving families without disrupting the healthcare system, draining municipal and school budgets, and increasing costs for consumers."

Supporters of the legislation argued 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.

David Scher, president of the New York State Trial Lawyers Association, said the governor's veto will deny justice for victims, making it more advantageous to kill than to injure, and putting corporate profits over patient safety."

"This veto is an abject failure of leadership to grasp the impact of grief on loved ones, from young children who have lost a parent to parents who have lost a child to the families of victims of gun violence to expectant families and communities of color," he said in a statement.

Hochul acknowledged that the state's wrongful death tort laws are restrictive and that she is willing to consider future reforms but said the latest proposal misses the mark.

"It is undeniable that New York’s wrongful death statute should be updated so that grieving families can seek a measure of solace by turning to the courts for justice, accountability and meaningful compensation for their loss," she wrote in her veto message.