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NY Governor Hochul Vetoes Wrongful Death Statute Amendment

Hochul Cites Potential Unintended Consequences, Remains Open to Future Changes

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New York State Governor Kathy Hochul

Overview

  • New York Governor Kathy Hochul has vetoed the Grieving Families Act for the second time this year, a bill that would have allowed families to recover damages for emotional suffering in wrongful death lawsuits.
  • Hochul expressed concerns about the potential for increased insurance premiums for consumers and a risk to the financial well-being of public hospitals and other health care facilities.
  • New York is one of the few states that only account for economic loss in wrongful death lawsuits, with compensation based on the potential earning power of the deceased person.
  • David Scher, head of the New York State Trial Lawyers Association, called Hochul’s veto 'a grave miscarriage of justice,' stating that it upholds a 'perverse standard of morality' in current New York law.
  • Hochul remains open to updating the wrongful death statute, but vetoed the bill due to lawmakers failing to adequately address concerns she raised when she vetoed a previous version last January.