GothamSchools broke the news yesterday that the family of the late Mitchell Weiner, a Queens assistant principal who was the first city resident to die of  swine flu, intends to file a multi-million dollar suit against the city for wrongful death and negligence. Today The New York Times provides more detail: Weiner's widow, Bonnie, and their three sons served a "notice of claim" (a precursor to the lawsuit) to the city on Aug. 5 charging that the city did not provide a safe working environment for Weiner and other school employees.

While her husband lay in critical condition in early May, Weiner's widow Bonnie said she was outraged that city officials failed to act sooner to close IS 238, where both she and her husband worked. According to theDaily News, the school remained open for days after tests confirmed the virus in a number of students.<!--more-->

The Weiner family suit comes just days after federal government officials said that most schools should stay open even if swine flu outbreaks occur again this fall. The results of a May poll indicated that Insideschools readers agree; most of you said that students and teachers with symptoms should stay home, but that the rest of the school should carry on without interruption.

Does the Weiner family lawsuit change your mind -- especially with health officials predicting that swine flu will re-emerge with the opening of schools? Please comment below!

UPDATE 8/18 : The Daily News reports today that health officials do not plan to close schools as a precautionary measure if swine flu reappears. Additionally, the city will not provide daily updates on the number of people infected with the virus, as it had in the spring.