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The family of a woman who was killed when pyrotechnics malfunctioned during a TV shoot is suing the Discovery Communications, according to The Hollywood Reporter.

Terry Flannel’s family is suing the network because they say she died when a rocket was set off for the filming of the opening scene of “Brother in Arms,” a 2011 pilot that never made it to air. Five individuals were supposed to walk through a cloud of smoke for the scene, but the effects malfunctioned and hit Flannel, killing her.

Her husband, Melvin Bernstein was set to appear in the pilot alongside his wife. He and other family members filed the wrongful death lawsuit.

The lawsuit, obtained by The Hollywood Reporter, charges that the network used unsafe special effects.

“Discovery and Anthropic utilized two pyrotechnic devices that Discovery and Anthropic knew had not been manufactured by a licensed and experienced manufacturer of pyrotechnic devices.”

The family adds that the show did not have the proper permits to perform the effects.

“Neither Discovery nor Anthropic had sought or obtained any permit from the proper governmental authority authorizing the use of pyrotechnic devices during the production of the ‘Brother in Arms’ pilot.”

A rep for Discovery declined FOX 411’s request for a comment on the lawsuit.