Swine Flu Lawsuit Planned Over First Death

The family of the first victim to die of the swine flu in New York City has filed notice of intent to file a wrongful death lawsuit against the city for failing to promptly report the outbreak and warn of exposure.

Notice was filed by the family of a 55-year-old victim of the H1N1 flu virus, more commonly known as the swine flu. 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 the deceased 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 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, an inmate at Riker’s Island prison, filed notice of a claim in June citing mental anxiety caused by the flu outbreak.

The notice of wrongful death lawsuit was filed by the deceased's wife and three sons, seeking $40 million in compensation.

If you or someone you know has been adversely affected by the H1N1 virus/"swine flu," please contact SMSH Partner Jonathan Harris for a free evaluation of your case.  Mr. Harris has recovered millions of dollars for injured clients and their families.  You can call us toll-free at (800) 282-2122 or click here to contact us now.