The family of an 18-year-old man who was fatally beaten in 2006 has filed a wrongful-death suit against the state.

The suit says the state Department of Human Services had taken legal guardianship of Alexander Saballa in 2004, but then failed to adequately monitor him. Saballa was in the Marimed program, a nonprofit that provides services for at-risk youth.

The suit alleges Saballa left the program without permission on July 22, 2006, but was never reported missing.

Later that day, he was involved in a fight outside BK Superette in Wai'anae and suffered severe head injuries. Four months later, Saballa died after being taken off life support. (Last month, Kristopher Kalani, 21, was sentenced to 10 years in prison after pleading guilty to first-degree assault in Saballa's death).

The suit says Saballa's family, police and the state were not notified Saballa had left the Marimed program.

The family also says Saballa's emergency treatment at The Queen's Medical Center was delayed because medical staff could not contact the state, the teen's legal guardian.

The lawsuit, filed yesterday, alleges Saballa's life could have been saved if medical staff were able to contact the state earlier. Saballa arrived at Queen's at 1 a.m., and a state official arrived sometime after 7 a.m. to authorize emergency surgery, according to the lawsuit.

At that point, though, Saballa's condition had deteriorated and he was placed on life support.

The state was still reviewing the lawsuit yesterday.

"We need some time to review the documents and to form our response," said state DHS Director Lillian Koller.