Family Of New York City's 1st Swine Flu Victim To Sue For 40 Million

The family of New York City's first swine flu victim, assistant principal Mitchell Wiener at Intermediate School 238 in Queens, has filed papers with the intention of suing the city and it's health and education departments.

The family will seek 40 Million Dollars in damages for wrongful death.

Wiener's widow claims that the NYC did not give adequate warning of the impending outbreak, did not do enough to combat the outbreak, and should have closed the school where Wiener worked when students became sick.

Wiener died on May 17 after succumbing to H1N1 virus. He had been hospitalized and placed on a ventilator after being sick with the new flu strain for nearly a week. The school was closed three days before his death. Complications besides the swine flu virus likely played a part in his death, officials said.

Wiener's family says he was only being treated for gout, and officials should have closed the school at the first hint of an outbreak.

"They can close because of snow, but not because of an illness that can be potentially deadly?" Mrs. Wiener said.

Mayor Michael Bloomberg said "the city didn't do anything wrong." He added that the city has an obligation to keep schools open, and he's sorry Wiener died.

To date, most people who contract the swine flu have complained of mild flu like symptoms.

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