Hoylman, Half-Truths and the Grieving Families Act
The Grieving Families Act isn't being opposed by hospitals, insurance carriers, and other interests because they are mustache-twirling supervillains trying to kill the poor. It's getting opposition because there's a real chance it will create an unsustainable cost spiral at the highest pain points— hospitals and health care—which, famously, already cost far too much, particularly for the uninsured.
December 29, 2022 at 02:16 PM
6 minute read
CommentaryIn reading state Sen. Brad Hoylman's Dec. 22 commentary in the New York Law Journal, one can only find it amazing how the politicians of the state with the highest tort cost per household in the nation manage to keep straight faces when they try to characterize their support for the Grieving Families Act (GFA) as a reform measure designed to drag New York State out of the "antebellum era". So let's get something clear.
It is true, as Hoylman says, that most other states provide some form of recovery for emotional damages of close family members in a wrongful death case. It's also true that the statute prohibiting such recovery in New York is of hoary provenance, from 1847.
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