Hauser v. Fort Hudson Nursing Ctr., Inc.: Expanding Plaintiff's Right To Damages

• Published date: 31 January 2022
• Subject Matter: Litigation, Mediation & Arbitration, Food, Drugs, Healthcare, Life Sciences, Trials & Appeals & Compensation
• Law Firm: Harris Beach
• Author: Mr Frank Muggia, Elliot A. Hallak, Brian D. Roy and Bryant J. Gordon

The Appellate Division of the Third Department issued its decision in Hauser v. Fort Hudson Nursing Ctr., holding that the damages available to plaintiffs in cases asserting a private right of action against residential health care facilities under the Public Health Law were greater than the damages available for plaintiffs in wrongful death suits under the Estates, Powers and Trusts Law (EPTL). The decision, issued in December 2021, affirmed a February 2021 decision by New York Supreme Court, Washington County in Butler v. Fort Hudson Nursing Ctr., Inc., further supporting the legal theory that under Public Health Law ' 2801-d (1) a plaintiff is able to seek damages for the decedent's death in deviation from common law wrongful death and survivorship statutes, which do not permit damages to a person for her own death.

The court in Butler first touched upon this issue in a March 2020 decision. 'Turning now to the proverbial...