Grieving Families Act would expand financial damages loved ones may receive for wrongful deaths in New York
NEW YORK -- The Grieving Families Act, a bill sitting on Gov. Kathy Hochul's desk, would expand the types of financial damages recovered in wrongful death lawsuits.
But some are opposed to this new version of the legislation.
The parents of 5-year-old Marlon Hilario, who died of an oxycodone overdose in 2022, tried to find words to describe the pain of losing their son.
They said a doctor prescribed the medication for Marlon after a tonsillectomy.
In Spanish, Alfido Hilario said she wants the doctors to be more careful and she doesn't want other families to go through this.
They're suing Westchester Medical Center, arguing the doctor prescribed a dangerous dose and didn't properly warn them of the dangers.
But if Marlon's parents win, their attorney Andrew Chan said they likely won't get the payment they deserve because their son was only 5 years old.
"If you're just not a high-income earner, the laws in New York say your life isn't worth much," said Chan. "As the law stands right now, it's only the amount of money that you were making at the time of death that your life is measured by."
The hospital told CBS New York they cannot comment on litigation.
New York is one of three states where families cannot be compensated for emotional loss in wrongful death lawsuits. Under the 176-year-old law, a victim's potential income largely determines the amount family members can receive.
That could change if Hochul signs the Grieving Families Act, which landed on her desk this week.
"The law is discriminatory against people who don't make a lot of money or don't have a potential for a lot of money. That would include children," said Sen. Brad Hoylman-Sigal, the bill's sponsor.
A group of grieving families delivered a letter to the governor's office this week asking to meet with her to discuss the bill.
Hochul vetoed similar legislation early in 2023, saying in part it could hike insurance premiums.
Several health care associations remain opposed.
"I think we need to scale this back. Make sure that it applies only to those folks that are directly impacted, and put a cap on liability," said Sen. George Borrello, who voted no.
Still, Marlon's parents and Borrello agree reform is needed.
While the governor is required to either sign or veto a number of bills in the coming days, she does have the option to delay a decision on this bill until the end of January.
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