January 8, 2018, New York, NY

WBASNY Urges Governor Andrew Cuomo to Sign Lavern’s Law Legislation

The Women’s Bar Association of the State of New York (“WBASNY”) strongly supports the passage of Lavern’s Law and urges Governor Andrew Cuomo to sign it into law. Passage of this bill will provide equal access to justice for people who have been victims of a failure or a delay in diagnosing cancer or malignant tumors by allowing them to bring a lawsuit from the time when they discover, or should have discovered, that their injury was caused by that failure. This is known commonly as a “date of discovery” rule.

This bill addresses a problem that negatively and disproportionately affects women, as women are more vulnerable and at higher risk for being a victim of this type of medical error in that women routinely undergo annual mammograms and other annual gynecological testing.

The lack of a date of discovery rule in New York is damaging to all New Yorkers, but discriminates disproportionately against women. This bill will bring some equity to this unjust circumstance. New York has been and continues to be a progressive state, championing its citizens’ rights. We should not be one of only seven states without a fair and just discovery statute. Again, WBASNY urges that Lavern’s Law be signed and allow equal access to justice for all New Yorkers.