ALBANY, N.Y. — A local mother, who lost her three year old son, is speaking out after Governor Kathy Hochul vetoed the “Grieving Families Act” for the third straight year.
“I was really sad. It feels very personal when something tragic and negligent has happened to you and it feels like the governor is not acknowledging your story,” McManus said.
The bill sought to expand the rights of families to seek damages for emotional pain and suffering after wrongful deaths.
Keri-Sue McManus, who lost her 3-year-old son Micah, in 2022 after he spent more than 17 hours in Albany Med’s emergency room, is taking legal action against Albany Med Health System. McManus has filed a wrongful death lawsuit, citing negligence and untimely care as factors that led to her son’s death.
PREVIOUS COVERAGE: Family sues Albany Med after toddler’s death, urges Hochul to sign Grieving Families Act
She has been a vocal advocate for the Grieving Families Act, which Governor Kathy Hochul vetoed for the third time last week.
Under New York’s current wrongful death law, damages or compensation is limited to a person’s economic value. Survivors can only sue for financial damages, such as lost wages.
“And so I feel like that depth of pain, it feels like your life ended too, but you have to keep living,” McManus said. “And so in this bill that was being presented to the governor, it would have created a system for accountability to prevent senseless and negligent deaths. Like I’ve had to process losing my son.”
In her veto memo, Governor Hochul stated that the bill poses significant risks to consumers, arguing it would raise insurance premiums.
McManus disagrees.
“That’s not true at all. In fact, having a system of accountability actually can pay off in the long run where premiums go down and people get better care,” McManus said. “So I don’t think that’s an excuse and the legislature agrees that that’s not an excuse and they have fully supported this bill three times.”
New York is one of only two states that limit wrongful death damages to economic or pecuniary losses of the survivors, the other being Alabama.
New York’s wrongful death law has remain unchanged for 177 years.
