Grieving Families Act, which would allow damages for emotional suffering, to go again to Gov. Kathy Hochul

Ryan Kiess, of Manhasset, was a volunteer firefighter, a skilled viola player, the captain of his high school hockey team and a University of Scranton graduate, where he played Division III lacrosse.

But Kiess, who was killed in 2021 at the age of 25, along with four others, in a high-speed, head-on wreck in Quogue, was not yet a husband, a father or a major financial breadwinner with dependents.

And in the eyes of New York State's pre-Civil War era wrongful death law, that means Kiess' life is valued less than a married stockbroker from Garden City with two young children.

That could change in the coming weeks as state lawmakers have once again passed the Grieving Families Act, a bipartisan bill that would alter New York's wrongful death statute by letting families recover damages for emotional suffering, including by suing for negligence such as medical malpractice.

The bill's fate, however, is in the hands of Gov. Kathy Hochul, a Democrat who has three times previously vetoed the bill, citing claims — disputed by many families and trial lawyers — that the measure would lead to higher insurance premiums and increase the financial burdens on hospitals and physicians.

'It's not right'

New York is one of just two states — the other is Alabama — that bars claims for grief and mental anguish caused by wrongful deaths.

"How do you justify that your child is worth nothing? How is that possible?" Kurt Kiess, Ryan's father and a longtime advocate for the legislation, said in a phone interview while fighting back tears. "It's not right, and it's not equitable. And everyone knows it."

The current statute, which dates to 1847, permits civil court judgments only for "pecuniary loss," or the potential earning power of the deceased person. That means that children, the elderly or disabled, and parents who do not work outside the home are valued less than members of the active workforce.

Advocates have argued that the current 178-year-old system also bars nontraditional family members, such as unmarried partners, from filing suit and results in higher damages for the wrongful death of a doctor or lawyer compared with a custodian or cashier, simply based on their respective incomes.

Families of Long Island children killed in horrific crashes in recent years blame the governor, who is seeking reelection next year.

They note that Hochul has repeatedly refused to meet with them to discuss the legislation and contend she is beholden to the insurance and health care lobbies, along with other special interests who have fought against the bill.

"When you ignore grieving parents and comfort the insurance industry, you’re making a choice about who really matters," said Gary Falkowitz, whose 14-year-old son, Ethan, was killed in 2023, along with a fellow Roslyn High School tennis player, when a teammate’s vehicle was struck by a wrong-way driver who was drunk and speeding. "The painful truth is this: if Gov. Hochul had half the heart Ethan had, she would’ve signed the Grieving Families Act by now — because Ethan showed more compassion at 14 than the governor has shown to the families begging her to acknowledge their loss."

Supporters not hopeful

Hochul has until year's end, or 10 days, minus Sundays, after the bill is delivered to her desk, to sign or veto it.

Records show the bills, sponsored by Sen. Brad Hoylman-Sigal and Assemb. Jennifer Lunsford, Democrats from Manhattan and Perinton, respectively, have yet to be delivered to Hochul.

"The governor will review this legislation," said Gordon Tepper, a Hochul spokesman, repeating language used repeatedly by the governor's office for bills she has yet to sign or veto, such as the Medical Aid in Dying Act, which would allow terminally ill patients to end their own lives.

Last year's version of the bill was scaled back by the legislature to address Hochul's concerns, narrowing its scope and the types of family members eligible to sue for emotional damages while reducing some of its retroactive provisions.

But Hochul, for the third straight year, vetoed the bill, arguing the measure would "reshape the legal framework for wrongful death actions."

Supporters of the current bill, which is largely unchanged from last year's version, are not hopeful for a different outcome this time around.

"Given the past attempts on the passage of this bill, I do not anticipate its passing," said Nancy DiMonte, of East Northport, a spokeswoman for the families of those killed or hurt in a deadly 2015 limousine crash in Cutchogue. "Unfortunately, this important legislation has seriously slipped through the cracks. Since we are upon an upcoming gubernatorial race, it could slide through, but I am certainly not counting on that since the opposition from the insurance carriers has been staunchly heeded by those who may rely on campaign backing from these carriers."

Insurance companies, doctors, object

The act has faced consistent opposition from groups representing insurance companies, some small businesses, municipalities, and doctors and hospitals who predict skyrocketing premiums and economic calamity if it becomes law. Trial lawyers, who represent victims in wrongful death lawsuits, have helped fuel support for the measure.

"The 2025 bill is virtually identical to the previous year's version — and the result should be the same. Gov. Hochul should veto this bill, just like she has with earlier iterations," said Tom Stebbin, executive director of the Lawsuit Reform Alliance of New York, who argues the law will predominantly benefit high-powered law firms. "She understands that there's a way to modernize the law without pushing the justice system so far out of balance that it harms the people it is meant to protect. This bill does the opposite."

The proposed law would also allow for court-ordered awards when a death is found to have been caused by medical care.

Robert Schreiber, president of the Nassau County Medical Society, contends that would increase medical professional liability premiums by 40%, forcing many doctors to move out of the state or into premature retirement.

"New York State has the highest malpractice premiums of any state in the U.S., due to a high volume of cases and large jury awards," Schreiber said. "We don't have any caps on awards, so we're very concerned that this would adversely affect physicians."

'Profound' emotional toll

Supporters of the bill dispute the notion that the measure would spike insurance premiums.

"The medical industry has relied on untrue statistics about the bankruptcy of the industry if this bill would pass," Kiess said, pointing out that doctors practice successfully in places with similar laws. "They seem to make a living in other states."

Alisa McMorris of Wading River, whose son, Andrew, was killed in 2018 by a drunken driver while he and fellow Boy Scouts were hiking in Manorville, said the bill is about far more than money.

"The emotional toll from a wrongful death is profound," McMorris said, adding that it makes her "nauseous" that a bill can repeatedly pass the legislature with overwhelming support only to be vetoed by the governor. "It's waking every morning to an empty bedroom; an empty chair at the breakfast table; a future that doesn't exist because of someone else's reckless decision. In New York, this aspect of emotional pain is effectively ignored."