The family of a Calgary man who died after being beaten in a Beltline street is suing Alberta Health Services for $3.06 million.

John Herrera Garcia was randomly attacked in May 2012 while walking home after picking up groceries.

Three people have been charged with murder.

John Herrera Garcia

The 49-year-old was carrying groceries when police believe three people beat him up. (Calgary Sun)

A statement of claim filed at the Calgary Court Centre on behalf of his widow, Gloria Herrera, alleges paramedics improperly intubated Herrera Garcia at the scene — inserting the tube into his esophagus rather than his trachea.

It claims Herrera Garcia was deprived of oxygen for about 30 minutes until doctors were able to intervene at the Foothills hospital later in the day.

"As a direct result of this, ... John Herrera was unable to breath and received no oxygen for a significant period of time," reads the document.

Gloria Herrera is suing on behalf of herself and her five children for lost income and special damages.

Four paramedics have been named in the suit.

Alberta Health Services issued a short statement about the suit Friday shortly after noon.

The health authority said, "Our sympathy and thoughts are with the family of Mr. Garcia. As this is a matter involving legal action, we are not able to comment at this time."