Family Urges Governor Hochul To Sign Grieving Families Act After Toddler’s Death

Family Members Pursuing Wrongful Death Lawsuit Against Albany Med Health System Urge Governor Hochul To Sign The Grieving Families Act

MANHATTAN, NEW YORK (August 30, 2024) – The family of a toddler who died at the Albany Medical Center has filed a wrongful death lawsuit and urged Governor Hochul to sign the Grieving Families Act.

The McManus family has filed a lawsuit in January after their son died in November 2022. His mother claims that her son’s death could have been prevented if her concerns for his health were taken seriously.

The boy was at the hospital for 17 hours before he went into cardiac arrest. It was later determined that the toddler was suffering from Budd-Chiari Syndrome.

In this particular case, even if the court were to find the hospital liable for the boy’s death, damages would still be quite small because the toddler didn’t earn income.

This is due to the unique nature of New York’s wrongful death statute. New York’s wrongful death law only values people who earned some type of income.

This has led a number of groups to create a new law known as the Grieving Families Act. Proponents of the law have argued that the current law devalues the lives of children, seniors, and those without a substantial income.

Liability For Wrongful Deaths In New York

Many different entities could face liability for a wrongful death in New York. In particular, a number of wrongful death claims involve car accidents. According to the New York State Comptroller, “There were 1,175 traffic fatalities in New York in 2022, which was the highest number since 2013. Nationwide traffic related deaths grew by nearly 17% while New York’s fatalities soared by 25.8% between 2019-2022.” Several different factors could contribute to a car accident.

• Speeding
• Distracted driving
• Inclement weather
• Poor road conditions

When a driver is negligent and kills someone in an accident, they could be held accountable through a wrongful death claim. Many collisions involve drivers who are speeding. Pursuant to New York Vehicle Code 1180, no person shall drive a motor vehicle at a speed greater than would be reasonable or safe given the prevailing conditions of the roadway. Unfortunately, the state’s current wrongful death law has a number of shortcomings.

• The current law unfairly precludes the extraordinary emotional distress that people feel when they have lost someone close to them.
• The current law does not justly compensate families for the loss of someone unemployed when they died.
• The current law does not justly compensate for the extraordinary work of stay-at-home parents who do not earn an income.
• The current law does not justly compensate for children and other people who were not providing financial assistance when they died.

The Grieving Families Act would substantially alter the state’s wrongful death law. Among other things, it would dramatically increase the number of plaintiffs who would have recourse under the law. New York would join the other 49 states that allow plaintiffs to recover for emotional duress. Gov. Kathy Hochul has vetoed the Grieving Families Act twice, but proponents are hopeful it will pass after the legislature made significant amendments.

Getting Legal Help After A Wrongful Death In New York

We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the McManus family as they seek justice for their son’s death. It is our sincere hope that their legal team gets a desirable outcome. Gov. Kathy Hochul should do the right thing and listen to the families who have been urging her to pass the Grieving Families Act.

Have you or someone that you care about lost a loved one due to negligence in New York? Our team of wrongful death attorneys is here for you. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (516) 908-9792.