Gov. Kathy Hochul this weekend vetoed for the third time a bill known as the Grieving Families Act that would amend the state’s wrongful death law and allow families to sue for emotional harm.
“Unfortunately, there appears to be a philosophical difference as to the need for legislative reform,” said state Senate sponsor Brad Hoylman Sigal, D-Manhattan.
In his memo, Hochul said the bill would improve the speed of wrongful death lawsuits by expanding the types of damages that can be recovered, expanding the class of people who can seek such damages, and extending the statute of limitations. He explained that this would essentially restructure the legal framework. Hoylman-Sigal said Hochul’s concerns about costs to patients and consumers are essentially a rehash of last year’s memo.
“We don’t want to negotiate against ourselves, and the truth is the governor hasn’t brought us an alternative. There was no negotiation this year. We never received a counteroffer.” he said.
The governor said the Legislature, which has passed the bill three times so far, hasn’t made the changes suggested in previous negotiations. These include age limits for victims whose families can claim and exemptions for the medical industry.
“I think it’s time for us to regroup and go back to the constituencies behind this bill, including professionals, insurance, medical professionals, and those in the court system, to determine what the best next steps are. ” Hoylman-Segal said. .
Lawmakers have passed the bill each time with overwhelming bipartisan support. However, no serious consideration has yet been given to overriding the governor’s veto, which would require two-thirds approval in both houses.
“On a very important issue of amending a 175-year-old statute, that would be something I would support. I support the governor and I work very closely with her, so I would never do that.” I hope it doesn’t turn out to be a terrible situation,” Hoylman-Sigal said.
Regardless, Hoylman-Sigal said she will continue to fight for the bill and urged her colleagues in the Senate to pass it a fourth time. With the retirement of General Assembly Sponsor Helen Weinstein, new members will have to take over the effort.
“I think the governor and the supporters of the Grieving Families Act actually agree that we need to change this outdated law,” Hoylman-Sigal said.
