The documentary about a combat hospital called "Inside Afghan ER" featured Staff Sgt. Kevin Casey Roberts, who was serving with the 4th Brigade Combat Team, 101st Airborne Division when an improvised explosive device struck his vehicle in Khost province in Afghanistan in 2008.
A year after his death, his wife, Donnice Roberts, got a call from a service member in Germany who saw her husband in the documentary. According to the lawsuit filed in Texas on Nov. 1, she never knew there was video footage related to her husband's death and that the documentary existed.
She is seeking at least $750,000 in damages and wants a judge to prevent the film from airing again. She also wants the cable network to stop using images of military families without their permission.
The documentary was produced and distributed by the National Geographic Society, and was promoted and distributed by Fox Networks Inc. and Fox Entertainment Group Inc., which owns part of the NatGeo network.
Scott Grogin, a spokesman for Fox Networks Group, said the film never aired in the United States. Instead, it aired on the National Geographic International channel.