Swine Flu Lawsuit Planned Over First Death in New York City

The family of the first victim to die of the swine flu in New York City has filed notice that they intend to file a wrongful death lawsuit against the city for failing to promptly report the outbreak and warn those who may have been exposed to the virus.

The notice of claim was filed on August 5 by the family of Mitchell Weiner, who was 55 years old when he died on May 17 of the H1N1 flu virus, more commonly known as the swine flu. At the time of his death, Weiner was the assistant principal at Intermediate School 236 in Hollis, located in the Queens borough of New York City. He was not only the first death, but also the first reported serious case of swine flu in the city.

The swine flu 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. The family also intends to allege that the city failed to spread adequate information about health conditions that would contribute to risks of the virus and failed to provide a safe working environment for school employees.

The school where Weiner worked, and several others across the city, were eventually closed temporarily due to the severity of the swine flu outbreak’s effect on students and faculty.

There have been 47 swine flu deaths attributed to the illness in New York City since May, and 909 people have been hospitalized.

The swine flu lawsuit is the first wrongful death claim presented against the city as a result of the outbreak, but it is not the first swine flu illness lawsuit the city has faced. According to the New York Times, Willie Chesson, an inmate at Riker’s Island prison, filed notice of a claim in June citing mental anxiety caused by the flu outbreak.

Mayor Michael Bloomberg has publicly stated that he does not believe the city did anything wrong in how it handled and prepared schools for the flu outbreak. When Weiner died, Bloomberg and Dr. Thomas R. Frieden, the city’s health commissioner, blamed Weiner’s death on underlying health conditions that made him more susceptible to the H1N1 flu virus. The city’s medical examiner said obesity, hypertensive and arteriosclerotic heart disease were contributing factors in Weiner’s death.

The notice of Weiner’s swine flu wrongful death lawsuit was filed by his wife and three sons, seeking $40 million in compensation.