The family of John Fernando Herrera Garcia, the victim of a fatal Beltline beating in May of 2012, have filed a lawsuit against EMS citing improper intubation.

On the evening of May 23, 2012, Herrera was returning to his home with groceries when he was attacked by three people.

The 49-year-old was transported to hospital by ambulance in life-threatening condition.

Herrera succumbed to his injuries in hospital after 112 days in a coma.

Herrera’s widow, Gloria Herrera, believes her husband was improperly intubated by EMS members and has a filed a lawsuit against EMS, three paramedics and an EMT. Gloria claims her husband’s intubation tube was placed in his esophagus, not his trachea, which resulted in a loss of oxygen.

The beating victim’s intubation tube was reinserted at hospital. Herrera’s death was determined to be the result of brain ischemia, an insufficient blood flow to the brain, and cerebral edema, swelling around the brain.

The total amount of the lawsuit claim is $3.06 million.

The family of John Herrera and their legal representation have declined requests for comment on the lawsuit.

Alberta Health Services released the following statement in response to the lawsuit: