The Manitoba government is seeking to dismiss most of the claims in a lawsuit filed by the family of the late Brian Sinclair.

Sinclair, 45, was from the Sagkeeng First Nation. He waited 34 hours in the emergency room and died of a blood infection that could have been prevented if he was treated earlier, Manitoba's chief medical examiner said in September 2008.

Sinclair's family is seeking $1.8 million for his death. The Winnipeg Regional Health Authority has reportedly paid $110,000 to settle part of the lawsuit.

"I committed a long time ago that he's not going to die in vain," Robert Sinclair, a spokesperson for the family, told reporters after a hearing on Monday, CBC News reported.

An inquest into Sinclair's death is pending. A criminal probe was opened in October 2010.

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