"....The family of the assistant principal who was New York City's first swine flu victim has filed court papers with the intention of suing the city and its health and education departments.

Mitchell Wiener's widow and three sons said in a notice of claim last week that they intend to file a $40 million wrongful death lawsuit. The notice claims the city was negligent in failing to quickly report the outbreak and failing to warn Weiner that he'd been exposed to the virus. It also claims the city didn't do its best to control the outbreak.

Mayor Michael Bloomberg says "the city didn't do anything wrong." He says the city has an obligation to keep schools open, and he's sorry Wiener died. "