Swine Flu Lawsuit On The Way

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The family of a New York City teacher who died of the H1N1 flu, or "swine flu," in May has begun a legal action against the city, but despite what's being reported by some sources, the action is not a lawsuit -- yet. It's a "notice of claim," and it's a reminder that getting compensated by the government for injuries often requires a very different process from a private suit.

Mitchell Wiener, a teacher at Intermediate School 238 in Hollis, Queens, contracted swine flu in May, becoming one of the very first cases seen in New York City, and died shortly thereafter in a hospital. His family asserts in their claim that the city was negligent in failing to properly warn Wiener of his potential exposure to the virus, and in acting too slowly to prevent the flu from spreading. So far, this describes a fairly standard wrongful-death suit based on a claim of negligence.

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Swine Flu Lawsuit On The Way - health hazards - Injured

That seemed only a matter of time!