Freed Marcroft Lawyer Quoted in Connecticut Law Tribune Article on Connecticut Supreme Court Ruling on Same Sex Loss of Consortium Claim
A partner in a same-sex couple, Charlotte Stacey, sought loss-of-consortium damages in the same medical malpractice case that saw the estate of her deceased partner, Margaret Mueller, collect $2.45 million.
The trial court and then the state Appellate Court, however, said that the couple had to be married at the time of the malpractice in 2004, so a loss of consortium was unavailable to her.
But in a state Supreme Court ruling that gay rights supporters call the first of its kind in the country, Stacey will be given the opportunity to make a claim for loss-of-consortium damages as long as her lawyers can prove the couple would have been married had state law allowed it then.
Meghan Freed, a Hartford lawyer who vice chairs the Connecticut Bar Association’s LGBT Section, noted that the loss-of-consortium ruling would impact a fairly limited group of state residents, especially since Connecticut same-sex couples married already have the right to maintain loss-of-consortium claims.
“That said, despite the likely limited size of the group of potential plaintiffs following the Mueller decision, it is a progressive ruling in that it gives retroactive rights to same-sex couples who were denied the right to marry.”