Mitchell Wiener, 55, an assistant principal at an intermediate school in Queens, was the first victim of the swine flu outbreak in New York. Now, almost three months after the incident, his wife and three sons are planning to sue the city of New York for wrongful death and negligence.
Their "notice of claim" to the city, charge the city of not reacting quickly enough to the swine flu outbreak in the school where Wiener worked.
Bonnie Wiener, Mitchell Wiener's widow, and their three sons, Adam, Jordan and Farrell, served a "notice of claim", which says the family will seek $40 million in the suit.
Mitchell Wiener died on May 17, after Mayor Michael R Bloomberg had announced on May 14 that Mr Wiener to be the city's first serious case of swine flu.
William C Thompson Jr, a spokesman for the city comptroller, said that another claim has been filed on June 18 by Willie Chesson, an inmate at Rikers Island, for "mental anxiety because of flu outbreak."
As of July 7, according to New York's Department of Health and Mental Hygiene, there had been 47 deaths and 909 hospitalizations in New York City due to swine flu.