Estate of Benson Ex Rel. Benson v. Minnesota Board of Medical Practice

OPINION

SHORT, Judge.

As the personal representative of her husband’s estate, Michelle S. Benson (“Benson”) sued the Minnesota Board of Medical Practice (“Board”) and the Minnesota Department of Health (“Department”) for publishing articles in violation of her deceased husband’s statutory privacy rights. The Board and Department moved for summary judgment on the grounds that the decedent had consented to the publications, Benson failed to establish a prima facie case of causation or damage, and the action does not survive the decedent’s death. The trial court granted judgment holding the action…