The Importance of Passing {Lavern's Law}

Ever feel like a deadline is life or death? In the case of Lavern Wilkinson, it was.

Lavern May Wilkinson, a 41-year old single mother of an autistic girl, was laid to rest at Park Slope Ward of the Church of Latter Day Saints in Park Slope, Brooklyn on March 9th 2013 after she lost her battle with terminal lung cancer. But it didn’t have to be the case. (PHOTO: NEW YORK DAILY NEWS)

On February 2, 2010, Wilkinson went to Kings County Hospital complaining of chest pain. After completing an x-ray, the radiologist found a suspicious mass but did not report it to her. When her pain worsened, Wilkinson received another chest x-ray two years later, revealing that the cancer had now spread throughout her body, including both of her lungs, liver, spine and brain. It was now terminal.

When Wilkinson attempted to sew the hospital for medical malpractice to provide support for her daughter – who required round-the-clock care – the 15-month statute of limitations for reporting malpractice in New York State had already expired.

New York is one of only six states that has a statute of limitations for reporting medical malpractice, which can be devastating in the case of cancer patients.

Lavern’s Law was one of the topics on the agenda at Civil Justice Lobby Day 2017, held in Albany on May 16th, 2017. Attorney Joshua Gropper, along with other members of the New York State Trial Lawyers Association (NYSTLA), lobbied to have the law passed which tolls the Statute of Limitations for a fair date of discovery and would protect patients from undisclosed medical negligence.

As of June 5th, 2017, this is the status of the bill as reported by the NY Daily News:

“…At last count, there were 39 sponsors in the 63-member Senate, which has passed the state Assembly and would easily do so again…

The Democratic-led Assembly passed Lavern’s Law and is poised to do so again this year. Gov. Cuomo pledges his signature. But in the GOP Senate, with the bill opposed by the well-heeled Greater New York Hospital Association, Flanagan has made it a dead letter, never letting it get to the floor.

The bill is carried by Republican John DeFrancisco, the Senate’s No. 2. He can — and should — file a motion for full chamber consideration, which under Senate rules requires the support of “three-fifths of members elected.” That’s 38 senators. This bill has, we repeat, 39 sponsors.”