Christina Sonsire of the Ziff Law Firm recently went to Albany to fight for grieving families in New York State – like Craig and Melissa Storms, who lost their 2-year-old son in a hospital emergency room.
Christina lobbied with other members of the New York State Trial Lawyers Association in the New York State Legislature to fight for reforming New York’s 153-year-old wrongful death law, something the lawyers at Ziff Law have been doing for nearly a decade.
“We have been to Albany numerous times to fight for justice for those who lose a loved one due to negligence. It’s one battle we will never stop waging until the laws in New York finally improve,” Christina said.
Under the present wrongful death statute in New York, the assessment of damages is based almost exclusively on expected future income, something that is very biased toward the state’s highest-earning residents. Worse, New York is one of only seven states that do not compensate family members for their grief and sorrow.
“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” Christina said. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”
“Having to tell a family that we cannot take a case because their loved one’s life is worthless in the eyes of New York State law is a very difficult thing to do. Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York.”
The tragic case of 2-year-old Zachary Storms highlights the discriminatory nature of New York’s wrongful death law.
Zachary’s story is heartbreaking.
Craig and Melissa Storms rushed their child to a hospital emergency room because they feared he may have ingested some red and blue dye from a child’s chemistry set.
They did all the right things. They consulted with the American Association of Poison Control Centers, which recommended, to be safe, that they take the child to a local hospital for precautionary treatment.
Things turned nightmarish quickly.
The Poison Control Centers urged “observe-only” to the hospital, but instead, the doctor forced young Zachary to drink an activated charcoal solution. He vomited and refused to drink more and the hospital put a gastrointestinal tube down his throat and poured so much liquid that it filled his throat, stomach, and lungs, killing him almost instantly.
“He was running around the emergency room, playing. Then he was dead,” said Melissa Storms.
“This is about justice and holding the people who caused his death accountable,” said Craig Storms.
However, New York’s wrongful death law only values financial loss, not human loss. A toddler, Zachary clearly was not earning any income, and his young age made it too speculative to project what he would make in the future. Therefore, under New York’s current wrongful death law, Zachary’s life was worthless.
When Congress established the Sept. 11th Victim Compensation Fund, it circumvented the law so surviving victims and victims’ families could be properly compensated. “Congress understood New York’s law is antiquated, and doing something like denying compensation to the parents whose children died that day was just wrong,” said Christina.
It’s time for New York State to do the same and take a giant step toward civil justice reform.
The lawyers at the Ziff Law Firm will not stop fighting for families until New York State changes this law.
Contact your local state representative and tell them about Zachary and why it’s important to modernize the state’s wrongful death law.
Thanks for reading.