Patient Says Lab Sold His Photo To Magazine

FRANKLIN, TENN. (CN) - A man with a sleep disorder sued his doctor, a sleep laboratory, and Consumer Reports, claiming that without his permission they photographed him in a "compromising position" while he was asleep and used the photo without his permission in the July 2007 issue of "Consumer Reports on Health."

Robert Clemons claims Dr. Robert McCain referred him to Dreamaway Sleep Labs for "an overnight polysomnography," during which he was photographed without his knowledge or permission. Sometime between November 2003 and July 2007, he says, Dreamaway sold the photo to Consumer Reports, which published it without his permission, under the headline, "Drugs can raise sleep apnea risks."

He says he knew nothing about it until his wife saw the photo, whose publication, he says, left both of them emotionally "devastated."

He demands punitive damages for privacy invasion, false light, distress and consumer law violations.

He is represented in Williamson County Court by Klint Alexander with Wyatt, Tarrant & Combs of Nashville.

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