24 Years Later, Trial Lawyers Still Fighting for 9/11 Heroes Left Behind

Under the Empire State’s top court’s decision, New York law will continue to prevent recoveries for emotional suffering in medical malpractice claims involving in-utero injuries to a child born alive. The four-judge majority cited what it said was the need to adhere to stare decisis. The other three judges were open to eliminating the limitation. New York State Trial Lawyers Association president Andrew Finkelstein lauded the three Court of Appeals judges who dissented. “Judges Rivera, Troutman and Chief Judge Wilson got it right,” he said. “New York will honor grief over a pet, but not over your newborn — if the child lived even briefly before dying from malpractice, the law casts aside a mother’s grief. NYSTLA joins the majority’s call for the governor to join the legislature in signing the Grieving Families Act to finally correct this cruel and senseless inequity.

Headquartered in Newburgh, NY, Jacoby & Meyers, LLP has been successfully winning serious injury cases for over 50 years. Offices are located throughout New York and New Jersey and services include Personal Injury, Social Security Disability Benefits, Workers’ Compensation, Nursing Home Neglect and Veterans Services. The firm’s Commit to Quit Distracted Driving program highlights the serious dangers of distracted driving for all drivers, especially teen-aged drivers. We care deeply about the work we do and the communities we serve. We encourage our family of employees to devote time and assistance to community projects, because we want to be a part of building better communities. To learn more, visit the firm’s website at www.jmlawyer.com or call 1-877-JM-Lawyer/ 1-877-565-2993.