JACKSONVILLE, Fla. -- The family of a sailor who died while on active duty is filing a lawsuit against the naval hospital, although they said they know it will immediately be dismissed.

The family of Petty Officer Nate Hafterson said their loved one had a deadly allergic reaction to medication given to him at the naval hospital at Naval Air Station Jacksonville.

Hafterson was a radar operator with the Navy. On March 27, his life ended after he wound up at the naval hospital.

"His heart simply stopped beating at 9 a.m.," said the Hafterson's family attorney Sean Cronin. "This is a hospital-induced death."

He said Hafterson was admitted to NAS after passing out from extremely low blood sugar. However, once at the hospital Cronin said the Hafterson was given a medicine that caused him to get malignant hyperthermia.

"Within one minute of the medication being administered, his heart rate went up to 160 beats per minute and his temperature spiked to 105.3. This is at the heart of this case. It should have been immediately recognized," Cronin said.

He said it took the hospital two hours to give Hafterson the antidote medicine and by then it was too late.

"It took them just too long to react," Cronin said. "This is a known reaction to that medication."

However, the lawsuit being filed is not legal.

According to law, active members of the military are not allowed to sue the military. The Supreme Court has held up that law for many reasons, including that if active military members were allowed to sue then the taxpayer would foot the bill for all the lawsuits.

Cronin said he doesn’t expect to win. He said he knows the case will get thrown out, but said it's the appeal he thinks will go straight up.

"We believe the time may be right for the Supreme Court to make another look at this issue," Cronin said.

NAS Jacksonville said it typically does not comment on pending litigation. However, Capt. Raquel Bono made the follow statement: "Our review of this case determined that Petty Officer Hafterson's care while at the Naval Hospital was entirely appropriate and within the community standard of care. I continue to have full confidence in the care we provide at Naval Hospital Jacksonville."