Governor Hochul Vetoes New York’s ‘Grieving Families Act’ for Third Time
On December 21, 2024, Governor Hochul vetoed the proposed "Grieving Families Act" legislation for the third year in a row.
The proposed law would have substantially amended New York's Estates, Powers and Trusts Law 5-4.1 and related statutes. Among other things, it would have expanded the types of damages that can be recovered in a wrongful death action to include grief or anguish caused by the death of another person. The Act would also have expanded the classes of claimants who could recover, to include anyone who had an "in loco parentis" relationship with the deceased. The Act would also have extended the statute of limitations from two to three years.
New York, N.Y. (December 30, 2024) - On December 21, 2024, Governor Hochul vetoed the proposed "Grieving Families Act" legislation for the third year in a row.
The proposed law would have substantially amended New York's Estates, Powers and Trusts Law 5-4.1 and related statutes. Among other things, it would have expanded the types of damages that can be recovered in a wrongful death action to include grief or anguish caused by the death of another person. The Act would also have expanded the classes of claimants who could recover, to include anyone who had an "in loco parentis" relationship with the deceased. The Act would also have extended the statute of limitations from two to three years.
In her veto message, the Governor reiterated the same concerns that caused her to veto this proposed legislation twice already. While she supports the goal of changing the law to allow recovery for grief and anguish, such "well intentioned" changes would result in negative "unintended consequences" that have not been adequately studied, despite the Governor's prior suggestions that the legislature do so.
In particular, passage of the Act would result in "higher costs to patients and consumers," inflation, higher insurance premiums, and financial risk for the healthcare system, including hospitals that serve disadvantaged communities. Until the legislature studies these issues in detail, the Governor has indicated she will not approve the legislation. Our firm will continue to monitor this issue pending the legislature's reaction to this most recent veto.
Our office will continue to track this issue and keep you informed of all developments. In the meantime, if you have any questions or concerns about this or any other issue, please do not hesitate to contact us. Visit our General Liability Practice page for additional alerts on this topic.