Yes, you can sue, but you'll need to demonstrate that he had elevated blood levels. You need to immediately get medical records, because the statute of limitations has either run or is about to run. HURRY.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com