Family to Sue NYC Over Assistant Principal H1N1 Death


New York City is awaiting a wrongful death lawsuit that is expected to be filed by the family of the first swine flu death victim in the city. The family, who recently filed a notice of intent, claims the city failed to promptly report the outbreak and warn those who were exposed.

The victim, 55-year-old Mitchell Weiner, died from the H1N1 flu virus in May. Weiner was the assistant principal at Intermediate School in Hollis, N.Y.

The lawsuit is expected to allege that the city failed to put adequate controls in place to prevent a widespread outbreak and failed to inform Weiner that he was in contact with subjects who had already been diagnosed with the H1N1 flu, according to The family is expected to also allege a failure to provide a safe working environment for school employees.

The victims are seeking $40 million in compensation.

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