By NYC.gov
Today, lawmakers overwhelmingly voted, for a third time, to update the state’s antiquated wrongful death laws, addressing changes Gov. Kathy Hochul previously had called for.
“Our state’s nearly 200-year-old wrongful death law fails to protect New Yorkers and new families who are suffering from the epidemic of maternal mortality in our state, and in our nation where we rank last among our peers,” said NYSTLA President David Scher. “When there is no deterrent for poor care, patients suffer. The Grieving Families Act will usher in an era of improved care and bring justice and equity to those who died preventable deaths and to their surviving loved ones.
“This bill will finally recognize the grief of New Yorkers …”
This bill will finally recognize the grief of New Yorkers who lose a loved one due to the negligence of others, whether that be a negligent hospital or doctor, a careless driver, an unsafe contractor or the manufacturer of a dangerous product. We thank Speaker Carl Heastie, Majority Leader Andrea Stewart Cousins and the bill’s sponsors, Sen. Brad Hoylman-Sigal and Assemblymember Helene Weinstein, for their steadfast leadership. The Legislature’s commitment to supporting grieving families and rebuking the propaganda of profit-hungry insurers is admirable.”
The Grieving Families Act passed the Assembly on Tuesday by a vote of 125-21. The Senate passed the reform by a vote of 52-5.
The Grieving Families Act is “ready to be signed,” said Sen. Hoylman-Sigal, Chair of the Senate Judiciary Committee and the Senate sponsor of the bill.
“It is past time that the Grieving Families Act becomes law. The amendments to the bill reflect the changes the Governor asked for in her veto messages – and show we have come to the table and are ready to get this done. New York is out of step with almost every other state in the nation when it comes to our wrongful death statute and every day we do not act to update the extremely outdated 1847 law is an injustice to all New Yorkers, particularly families of color who are facing a maternal mortality epidemic. That’s why some of the state’s most powerful labor unions, including DC 37, RWDSU and NYSNA, and advocates including the NAACP, Giffords and NYAGV all support the reform. They know it will make New Yorkers safer and leave them better taken care of in times of tragedy. I’m grateful to Assemblymember Weinstein for championing this bill in the Assembly, to my Senate colleagues for their support, and to the NYSTLA for their continued advocacy. The bill is ready to be signed and I’m hopeful that this is the year the Governor signs it.”
“New York’s 1847 wrongful death law ignores the grief and anguish families feel when they lose a loved one and fails to reflect modern values,” said Assemblymember Weinstein. “We owe it to New York’s bereaved families to enact the Grieving Families Act once and for all. We will carry this bill to the finish line and make New York safer for everyone.”
Bruce McIntyre, founder of SaveARose Foundation, said his son Elias’ mother, Amber Rose Isaac, would be here today if not for the reckless action of those who were tasked with protecting her.
“Gov. Hochul, we are still waiting – for 167 days now – for a response to our request for a meeting,” McIntyre said. “We have a personal interest in seeing it passed: We are the grieving families. Our loved ones all died due to medical negligence – patient safety errors that could have been corrected with proper deterrents. Although it is too late for some of us to get justice for our families, we hope you will sign this bill into law so that other families are not burdened by this injustice as we have been.”
“When you lose a mother, there is a ripple effect that lasts for years to come,” said Shawnee Benton-Gibson, “The Grieving Families Act will allow us to deal with some of those ripples, which includes the financial impact. While money can never address or adequately compensate for the grief and anguish that comes with this type of devastating loss, at least the families would have support to fully cover the children that have been left behind.”
“America is the least safe place in the developed world to have a baby,” said Jose Perez, partner of the late Christine Fields, who died in childbirth in a New York hospital. “My family knows this too well. The Governor must recognize families who have experienced this preventable loss, and meet the Grieving Families of New York.”
“The current wrongful death law does not do its job in keeping New Yorkers safe from bad actors,” said Mandy Fletcher, mother of the late Maison Callender. “Imagine losing your son in a hospital under preventable circumstances. You can’t. The pain is unimaginable unless it’s yours to bear… and many families know it all too well. Governor Hochul, I implore you to sign the Grieving Families Act now.”
The Grieving Families Act was passed by the Legislature twice, with overwhelming bipartisan support in each of the past two sessions, and subsequently was vetoed by Gov. Hochul. The amended legislation was reintroduced in February.
The new bill (“Grieving Families Act” S.8485/A.9232B) eliminates the award for “loss of love, society, protection, comfort, companionship, and consortium,” and narrows the statute of limitations, effectuating a three-year statute of limitations applicable to actions occurring after 2021. The latest version also further restricts eligible family members, significantly limiting who can file a claim in a wrongful death case.
Photo credit: 1) NYC.gov. 2) Hochul.
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