New York’s Governor Hochul Refused to Sign an Updated Version of the Grieving Family Act for a Third Straight Time

Proponents of the Assembly and Senate backed Grieving Family Act bill had previously presented the bill to Governor Hochul for signature on two prior occasions, but it was vetoed and sent back to Legislators each time for revisions.  While small changes were made, the Governor refused to sign the bill into law citing concerns that “…these changes would likely have resulted in high costs to patients and consumers, as well as other unintended consequences…”.

The revised bill sought to expand the 180-year-old Wrongful Death Act by allowing family members to seek emotional damages, such as grief and mental and emotional anguish, while also expanding the pool of those that can seek damages and extending the statute of limitations for wrongful death to three years.

Opponents of the revised wrongful death bill, including the health care industry, argued that it would result in “… an explosion of costly litigation, at the expense of those they serve…”.  Moreover, the revised bill would drive up the cost of higher medical malpractice insurance and premium rates resulting in a direct impact on patient care, and difficulty attracting new doctors to New York State, which is already experiencing a shortage of physicians. Governor Hochul further added that “[f]or the third year in a row, the legislature has passed a bill that continues to pose significant ridges to consumers, without many of the changes I expressed… [during the] previous rounds of negotiations…”.

While advocates for a revised and expanded Wrongful Death Act will certainly go back to the drawing board, Governor Hochul has indicated that the vetoed legislation, as currently written, is “well- intentioned” but would likely lead to higher insurance premiums and have a negative impact on the health care system. Nevertheless, the Governor appears committed to working with the legislature to find a balance.

We will continue keeping you updated on all developments. If you have any questions, please feel free to contact Bryan Schwartz or Jeremy Weg.