There is no Cindy Frey settlement to report. Her wrongful death and medical malpractice lawsuit over the January 18, 2016 death of Eagles co-founder Glenn Frey remains active, and on February 19, 2026, a New York appellate court cleared the way for it to proceed toward trial. No settlement has been publicly announced.
Who Cindy Frey Is Suing
Cindy Frey filed the case in 2018 in New York Supreme Court, New York County, acting as executor of Glenn Frey’s estate and in her own name with a loss of consortium claim. The case carries Index Number 805014/2018.1Justia. Frey v Itzkowitz, 2019 NY Slip Op 31062(U) The defendants are gastroenterologist Dr. Steven Itzkowitz, who treated Frey from October 19, 2015 through November 2015, along with Mount Sinai Hospital, the Icahn School of Medicine, and Mount Sinai Doctors Hospital Practice.2Rolling Stone. Glenn Frey’s Widow Sues Hospital, Physician for Wrongful Death
Glenn Frey died at 67 from complications related to rheumatoid arthritis, acute ulcerative colitis, and pneumonia.3Eagles. Glenn Frey2Rolling Stone. Glenn Frey’s Widow Sues Hospital, Physician for Wrongful Death4VOA News. Widow of Eagles Guitarist Frey Sues New York Hospital for Wrongful Death The complaint states Frey “was rendered sick, sore, lame and disabled” and endured physical pain and mental anguish before his death.5AJC. Glenn Frey’s Widow Files Wrongful Death Lawsuit Against New York Hospital
How Much Money Is at Stake
Cindy Frey is seeking $12 million in damages, representing the income she contends Glenn Frey would have earned had he lived beyond age 67.697.7 The River. Doctor Blamed for Glenn Frey’s Death Wants Proof He Would Have Earned Millions Had He Lived Under New York law, wrongful death damages are limited to economic losses: lost financial support, medical expenses before death, funeral costs, and lost inheritance. Grief and emotional suffering are not compensable. New York places no statutory cap on wrongful death damages, so the defendants’ potential financial exposure remains significant.7FindLaw. Frey v Itzkowitz
Why the Case Survived Dismissal
After years of discovery, the defendants asked the court to throw out the case before trial. They submitted expert affidavits from a gastroenterologist, an infectious disease specialist, and a critical care specialist, each concluding that Glenn Frey’s treatment met the standard of care and did not cause or contribute to his pneumonia or death.8Justia. Frey v Itzkowitz, 2026 NY Slip Op 00973
Cindy Frey’s expert, a gastroenterologist, disagreed on two points. The defendants should have ordered an immediate colectomy, the surgical removal of part or all of the colon, rather than continuing with medication. And they failed to adequately inform Frey of the risks of staying on medication versus undergoing surgery. According to that expert, the failure to operate “deprived decedent of a chance at recovery.”8Justia. Frey v Itzkowitz, 2026 NY Slip Op 00973
On April 2, 2025, Justice Kathy J. King of the New York Supreme Court denied the defendants’ summary judgment motion, finding that the competing expert opinions raised genuine questions of fact for a jury.7FindLaw. Frey v Itzkowitz
The February 2026 Appellate Ruling
The defendants appealed to the Appellate Division, First Department. On February 19, 2026, the court unanimously affirmed Justice King’s order.8Justia. Frey v Itzkowitz, 2026 NY Slip Op 00973 The appellate panel agreed that the defendants made an initial showing their care met the standard, but found the plaintiff’s expert rebutted it by identifying specific failures, the decision not to operate and the alleged failure to communicate the surgical option, that a jury would have to sort out.
The defendants also argued that Cindy Frey’s expert gastroenterologist was not qualified to opine on whether surgery should have been performed. The appellate court rejected that challenge, reasoning that a gastroenterologist is qualified to opine on the treatment decisions of a fellow gastroenterologist, even when those decisions involve surgery. A separate objection, that the plaintiff’s expert affirmations did not use the precise language required by New York’s CPLR 2106, was raised only at oral argument and was therefore not preserved for review.8Justia. Frey v Itzkowitz, 2026 NY Slip Op 00973
What Happens Next
With summary judgment denied and the appellate court affirming that denial, the case returns to the trial court and moves toward a jury trial. Wrongful death and malpractice cases at this stage frequently settle, but no settlement in the Frey case has been publicly reported. The central question a jury would face is whether Dr. Itzkowitz and Mount Sinai deviated from the standard of care by not performing a colectomy and by not adequately discussing the surgical option with Glenn Frey, and whether that failure contributed to his death.7FindLaw. Frey v Itzkowitz