The Grieving Families Act: What New York’s Third Veto Reveals About Power, Priorities, and Justice

Introduction

New York remains one of only two states in the country where wrongful death damages are limited exclusively to pecuniary (economic) loss. That means in the eyes of the law, the grief and anguish a parent feels after losing a child—or a spouse after losing their life partner—are worth nothing. For years, legislators have tried to modernize this archaic framework through the Grieving Families Act, a bill that would allow surviving families to recover non-economic damages such as emotional distress, loss of companionship, and parental guidance.

But for the third consecutive year, Governor Kathy Hochul has vetoed the bill, citing concerns from the hospital lobby, medical industry, and insurance sector. While her stated reasoning involves cost control and systemic stability, many observers point to a more uncomfortable reality: New York’s wrongful death law continues to favor the financial interests of major institutions over everyday families.

What the Grieving Families Act Would Change

The Grieving Families Act proposes a significant overhaul to the existing wrongful death statute (Estates, Powers and Trusts Law § 5-4.3), which has remained virtually unchanged since 1847. The bill would:

• Expand the class of eligible family members who can recover damages (e.g., domestic partners, grandparents, siblings)

• Permit recovery for non-economic losses such as grief, emotional anguish, and loss of guidance or companionship

• Extend the statute of limitations in wrongful death actions from two years to three years and six months

Supporters say these changes are long overdue. As the bill’s Senate sponsor, Sen. Brad Hoylman-Sigal (D-Manhattan), noted, New York’s current statute “is a vestige of an era when the law didn’t recognize the humanity of women, children, or people of color” (New York Times, Jan. 2023).

Why Governor Hochul Vetoed the Bill—Again

Governor Hochul vetoed the latest version of the Grieving Families Act in December 2024, repeating her pattern from 2022 and 2023. In her veto memo, she cited concerns over the potential for “significant increases in liability insurance premiums, especially for hospitals and municipalities,” and warned that the bill could “destabilize the healthcare industry.”

But these arguments, critics say, reflect the talking points of powerful lobbying groups.

Hochul’s veto came just weeks after Northwell Health, the state’s largest private employer and hospital network, publicly voiced its opposition to the bill. Northwell employs over 85,000 people and has close ties to the state’s political leadership. Its executives and associated lobbying groups have contributed generously to political campaigns across both parties—including Hochul’s.

As journalist Ross Barkan put it in his 2024 column for Crain’s New York Business, “the opposition to the Grieving Families Act isn’t rooted in legal logic—it’s rooted in institutional power. Northwell and the hospital lobby are simply too big to say no to.” (Crain’s NYB, Dec. 2024)

The Role of the Insurance Industry

Another powerful opponent of the bill is New York’s insurance industry, particularly medical malpractice insurers. Expanding wrongful death damages to include emotional and non-economic harms would increase potential payouts—and thus, premiums. For insurers, this is a direct hit to their bottom line.

The New York Medical Liability Mutual Insurance Company (MLMIC) and other major providers argued the bill would lead to a “surge in claims” and “financial stress on the healthcare system.” However, studies from other states that expanded similar wrongful death laws show only modest cost increases and no measurable harm to medical care delivery.

As attorney Justin Smulison wrote in a 2023 analysis for the New York Law Journal, “the real issue is not financial stability—it’s control. Insurance companies and large hospital systems are unwilling to relinquish their control over how harm is valued and compensated.”

A Growing Public Backlash

The Governor’s third veto has provoked growing public frustration. Advocacy groups like the Grieving Families Coalition, made up of survivors and family members of wrongful death victims, have accused Hochul of ignoring the voices of constituents in favor of corporate donors.

State Senator Samra Brouk (D-Rochester) responded with a blistering public statement after the 2024 veto:

“This veto sends a chilling message: If your child dies due to negligence, your grief is not worth recognizing. If your elderly parent dies because of mistreatment in a nursing home, your loss is just a number on a spreadsheet.”

These criticisms have gained traction particularly in New York City and Long Island, where diverse communities face systemic barriers in accessing justice through existing wrongful death law. Black, Hispanic, and immigrant families, in particular, often struggle to recover damages under the current economic-loss model, which devalues lives not tied to high earning potential.

Who Wins—and Who Loses

It’s no secret that hospital systems, insurers, and large corporate defendants stand to benefit the most from Hochul’s veto. By keeping non-economic damages off the table, their financial exposure in wrongful death lawsuits remains tightly capped.

On the other hand, grieving families, particularly those who lose children, stay-at-home parents, or elderly loved ones, continue to face an uphill battle. With no compensation available for emotional harm, many families are left with little more than funeral bills and court dates.

To put it plainly: under current law, a Wall Street trader’s death is worth more than a schoolteacher’s, a homemaker’s, or a child’s.

Looking Forward: What’s Next for the Grieving Families Act?

Despite the vetoes, supporters of the Grieving Families Act are not giving up. Lawmakers have already announced plans to reintroduce the bill in 2025 with some technical revisions to address the governor’s stated concerns. These may include:

• Exemptions for certain public hospitals or emergency situations

• Revised caps or thresholds for non-economic damages

• Phased implementation periods for insurance adjustments

Still, the question remains: Will those changes be enough to move the needle, or will the veto pen once again reflect the priorities of Northwell Health and the insurance industry?

The 2025 legislative session promises to be another battleground for justice. And this time, public awareness may be the game-changer. Editorial boards from outlets like the New York Daily News and Newsday have increasingly framed Hochul’s stance as politically untenable—particularly as Democratic leaders look to solidify support ahead of upcoming elections.

Conclusion

New York’s wrongful death statute is long overdue for reform. The Grieving Families Act offers a path toward more compassionate, modern, and equitable justice. Yet each year, that path is blocked—not by legal reasoning, but by entrenched economic interests.

Governor Hochul’s third veto may be framed as fiscal prudence, but the human cost of maintaining the status quo is far more difficult to justify. Families grieving senseless loss deserve more than a nod—they deserve a law that values their pain, their love, and their humanity.

At Leitner Warywoda PLLC, we fight for families navigating tragedy and injustice. If you’ve lost a loved one due to negligence and want to know your rights under New York law, contact us today. Your voice matters—and we’re here to help you be heard.

Visit our website or call us at 212-671-1110 for a free consultation.