STREAMING NOW: Watch Now

Prince family files wrongful death lawsuit

More than two years after Prince's death, the family of the late musician is suing the doctor that prescribe...

Posted: Aug 29, 2018 5:10 PM
Updated: Aug 29, 2018 5:10 PM

More than two years after Prince's death, the family of the late musician is suing the doctor that prescribed the painkiller Percocet to Prince in a new civil lawsuit.

Prince, whose full name was Prince Rogers Nelson, died of an accidental fentanyl overdose in 2016 after taking counterfeit Vicodin pills that were laced with fentanyl, according to the Carver County Attorney's Office, which decided in April not to file any criminal charges.

Business and industry sectors

Business, economy and trade

Celebrities

Continents and regions

Death and dying

Health and medical

Health care

Illinois

Law and legal system

Lawsuits and claims

Midwestern United States

Minnesota

North America

Pharmaceutical industry

Pharmaceuticals and biotechnology

Pharmaceuticals and prescription drugs

Prince (Musician)

Society

The Americas

Torts

Trial and procedure

United States

Wrongful death and survival

In a lawsuit obtained by CNN, Prince family attorney Michael Zimmer identifies six of Prince's brothers and sisters as plaintiffs suing defendants Iowa Health System, UnityPoint Health, Walgreens, North Memorial Healthcare and Minnesota physician Dr. Michael Schulenberg.

The wrongful death civil lawsuit was filed in Hennepin County District Court Friday morning.

The lawsuit claims that in the weeks immediately preceding Prince's death, he received professional health care services from all the defendants identified by the lawsuit. The suit outlines the dates in which Prince visited each of the facilities or people mentioned and then claims that, "all of the defendants had an opportunity and duty during the weeks before Prince's death to diagnose and treat Prince's opioid addition and to prevent his death. They failed to do so."

The claim singles out Dr. Michael Schulenberg, saying that the physician "had a duty to provide the quality of care consistent with the standard of acceptable medical practice. He failed to do so."

Schulenberg is the Minnesota physician who saw Prince twice in the weeks before the artist's death and who prescribed the painkiller Percocet to Prince, but put the one-time prescription in the name of Kirk Johnson, Prince's former drummer and longtime friend, according to the Carver County Attorney's Office.

In April, Schulenberg agreed to pay a $30,000 fine to the United States to settle civil allegations that he prescribed drugs to someone else knowing that Prince would take them.

The new civil suit accuses the doctor of failing to "appropriately evaluate, diagnose, treat and counsel Prince for his recognizable opioid addiction, and further failed to take appropriate and reasonable steps to prevent the foreseeably fatal result of that addiction."

Schulenberg's attorney, Paul C. Peterson, told CNN Tuesday that "this case has no merit," and that his client stands by the level of care he provided to Prince.

"We understand this situation has been difficult on everyone close to Mr. Nelson and his fans across the globe. Be that as it may, Dr. Schulenberg stands behind the care that Mr. Nelson received. We intend to defend this case," Peterson said.

CNN has reached out to all of the defendants but has not heard back at time of publication.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 40163

Reported Deaths: 1528
CountyConfirmedDeaths
Hennepin12867789
Ramsey5066230
Dakota252494
Stearns244819
Anoka2328111
Nobles16766
Olmsted119617
Washington119040
Mower9722
Rice8628
Scott8034
Clay59838
Kandiyohi5841
Blue Earth5352
Wright5055
Carver4331
Todd4022
Sherburne3405
Lyon3312
Freeborn3020
Watonwan2420
Steele2401
Benton2283
St. Louis20316
Nicollet18712
Martin1715
Cottonwood1380
Goodhue1378
Winona13315
Le Sueur1171
Pine1110
Crow Wing10812
Chisago1031
Otter Tail1021
McLeod960
Dodge930
Carlton890
Polk863
Unassigned8438
Chippewa791
Isanti780
Waseca730
Itasca6812
Douglas670
Murray670
Pipestone664
Meeker621
Morrison611
Faribault600
Becker570
Jackson570
Sibley562
Pennington530
Beltrami410
Brown392
Renville372
Mille Lacs342
Wabasha340
Rock310
Yellow Medicine310
Fillmore300
Houston290
Swift251
Grant220
Norman210
Redwood210
Wilkin213
Cass192
Roseau190
Big Stone170
Koochiching171
Kanabec161
Wadena160
Aitkin150
Marshall120
Pope120
Lincoln110
Clearwater100
Mahnomen101
Hubbard80
Stevens80
Lake60
Traverse60
Lac qui Parle40
Red Lake40
Kittson20
Cook10
Lake of the Woods00

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 33162

Reported Deaths: 740
CountyConfirmedDeaths
Polk6990182
Woodbury328243
Black Hawk239759
Buena Vista172711
Johnson13848
Linn134183
Dallas133031
Marshall106819
Scott92610
Dubuque83422
Story8254
Pottawattamie78012
Wapello71231
Muscatine68344
Crawford6793
Sioux4930
Tama47829
Wright3891
Louisa36313
Plymouth3365
Jasper33217
Warren3001
Dickinson2853
Webster2844
Washington2489
Cerro Gordo2231
Hamilton1931
Boone1601
Clay1431
Clarke1403
Allamakee1354
Clinton1211
Mahaska11817
Shelby1180
Poweshiek1088
Carroll1041
Pocahontas1041
Bremer1027
Franklin990
Des Moines952
Emmet920
Henry903
Hardin880
Cedar851
Cherokee811
Taylor810
Monona770
Marion750
Floyd742
Benton721
Guthrie724
Jones680
Sac650
Osceola640
Iowa621
Jefferson620
Buchanan611
Butler602
Humboldt591
Calhoun582
Hancock571
Harrison560
Delaware541
Fayette540
Lee542
Madison512
Monroe517
Jackson480
Lyon480
Clayton473
Mills460
Palo Alto460
Mitchell430
Winneshiek430
Davis421
Grundy420
Kossuth390
Howard370
Union370
Lucas324
Winnebago310
Chickasaw290
Greene290
Cass270
Ida230
Unassigned220
Appanoose213
Van Buren210
Worth210
Keokuk201
Page200
Adair160
Audubon161
Ringgold151
Decatur120
Montgomery112
Wayne100
Adams80
Fremont80
Rochester
Clear
77° wxIcon
Hi: 81° Lo: 63°
Feels Like: 79°
Mason City
Clear
80° wxIcon
Hi: 85° Lo: 65°
Feels Like: 81°
Albert Lea
Clear
77° wxIcon
Hi: 83° Lo: 64°
Feels Like: 79°
Austin
Clear
79° wxIcon
Hi: 83° Lo: 64°
Feels Like: 80°
Charles City
Clear
79° wxIcon
Hi: 84° Lo: 65°
Feels Like: 80°
Cooler air finally filtering in, rain chance returns Saturday
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Mental health resources available

Image

Dave 6:30 7/10 Wx

Image

Shooting investigation underway in Rochester

Image

Advice for safely starting school in the fall

Image

Racial Disparities Regarding Food Security

Image

George Floyd's Family Visits Rochester Mural

Image

Sean's 6pm Weather 7/9

Image

Differences between Covid-19 and other illness

Image

Virtual Thursdays Downtown

Image

Tutors needed in Rochester

Community Events