Product Liability Pointers Special Edition: NY Governor Vetoes Grieving Families Act for Third Time

 

Special Edition: NY Governor Vetoes Grieving Families Act for Third Time

Monday, December 23, 2024
A Monthly Electronic Newsletter

 

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As a public service, Hurwitz Fine P.C. is pleased to present this e-newsletter providing summaries of and access to the latest products liability decisions from the New York State and Federal courts. The primary purpose of this newsletter is to provide timely educational information and commentary for our clients and subscribers. In some jurisdictions, newsletters such as this may be considered Attorney Advertising.

 

 NOTE FROM THE EDITOR: 


NY Governor Vetoes Grieving Families Act for Third Time


New York Governor Kathy Hochul, for the third straight year, has vetoed the Grieving Families Act, legislation that would completely overhaul wrongful death claims in New York by permitting recovery for emotional damages and expanding the class of persons who can seek recovery for a fatality.

New York currently provides that a wrongful death lawsuit can only be brought by a child, parent, spouse, or the personal representative for the estate of the decedent. Extended family members, such as siblings or cousins, do not have the right to bring a wrongful death lawsuit in New York unless they also have been named as the guardian or personal representative of the estate.

The damages that can be sought in New York are limited to the economic or pecuniary losses of the survivors resulting from the death, the medical and funeral costs related to the final injury or illness, and the value of parental guidance, nurturing, and care for surviving children. If the decedent sustained conscious pain and suffering prior to passing, an action can be brought to recover those damages as well. However, the current law does not allow recovery for pain and suffering, mental anguish, grief, sympathy, or loss of love or companionship for surviving family members.

A modest revision of the prior vetoed legislation was passed in both houses this year, which:

  • Proposed the statute of limitations to be three years from the date of the decedent’s death (current statute of limitations is two years, and prior version proposed expansion to three and a half years);
  • More narrowly defined “surviving close family members” who can potentially recover; and  
  • Reduced the proposed retroactivity to causes of action that accrue on or after January 1, 2021 instead of July 1, 2018.

Under this year’s new proposed legislation, the definition of who may recover damages still included spouses and domestic partners, however the list of distributees was defined, as it is under current law.  

Notably, this year’s proposed legislation continued to omit a cap on damages, nor did it carve out an exception for medical malpractice claims. The expansion of damages was the same as passed in the prior legislation, and while the legislature limited retroactivity, it did not eliminate it. As predicted, these modest revisions did not address the Governor’s prior concerns in any meaningful way. 

While Governor Hochul called the legislation “well-intentioned,” she states that the bill would lead to higher costs and have a negative impact on the health care system.  She indicated a willingness to have further conversations with lawmakers on this type of legislation. 

Sponsors of the bill do not seem inclined to seek an override of the Governor’s veto, which requires a two-thirds vote of the Legislature.
 


V. Christopher Potenza  ■  Member
Hurwitz Fine P.C.
The Liberty Building 
424 Main Street, Suite 1300  ■  Buffalo, NY 14202
tel (716) 849-8900  ■ cell (716) 523-8941 ■ fax (716) 855-0874
Email:  [email protected]
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Don’t forget to subscribe to our other publications:

Coverage Pointers: This twice-monthly electronic newsletter summarizes important insurance law decisions from appellate courts in New York State with the occasional snapshot across borders. Contact Dan Kohane at [email protected] to subscribe.

Labor Law Pointers:  Labor Law Pointers offers a monthly review and analysis of every New York State Labor Law case decided during the month by the Court of Appeals and all four Departments. Contact Dave Adams at [email protected] to subscribe.

Medical & Nursing Home Liability Pointers:  Medical & Nursing Home Liability Pointers provides the latest news, developments, and analysis of recent court decisions impacting the medical and long-term care communities.  Contact Liz Midgley at [email protected] to subscribe.

Premises Pointers This monthly electronic newsletter covers current cases, trends and developments involving premises liability and general litigation. Contact Jody Briandi at [email protected] to subscribe.

 

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NEWSLETTER EDITORS
V. Christopher Potenza
[email protected]

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