APPLETON, Wis. (WFRV) – In a case that has captivated the community and raised profound questions about medical ethics, the trial concerning the wrongful death of 19-year-old Grace Schara commenced on Tuesday in Outagamie County court.
The young woman, who had Down syndrome, died at Ascension St. Elizabeth Hospital in Appleton in 2021 after contracting COVID-19.
The Schara family has launched a civil lawsuit against the hospital, alleging medical negligence, violations of informed consent, and battery.
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As opening statements unfolded Tuesday morning, the parents of Grace argued that their daughter was administered a combination of medications—precedex, lorazepam, and morphine—without their knowledge or consent.
They contend that these drugs, rather than complications from COVID-19, led to Grace’s respiratory distress and ultimately her untimely death.
The family only discovered a “Do Not Resuscitate” (DNR) order had been placed on Grace’s chart when she was already in critical condition, prompting concerns that medical staff had failed to honor their last-minute request to change her DNR status.
The case marks a significant moment in legal history, as it is the first to challenge the designation of COVID-19 as the primary cause of death on a death certificate.
The hospital, however, has firmly denied the allegations, asserting that Grace received appropriate care from a team of medical professionals and that her deterioration was a natural progression of her illness.
During the trial, plaintiff attorney Warner Mendenhall emphasized the alarming sequence of events leading to Grace’s decline, stating, “Instead of recognizing the life-threatening situation and reducing the medications causing the problems, this medical team did the opposite.”
In contrast, defense attorney Jason John Franckowiak argued that the claims are based on misunderstandings surrounding Grace’s care, asserting that the medical team acted within the accepted standard of care.
Defense attorney Randall also addressed the court, saying, “We believe the evidence will show that Dr. Shokar’s care and treatment of Grace Schara on October 12th and 13th of 2021, met the standard of care that applied.”
The emotional weight of the trial is compounded by the heartbreaking testimony from Grace’s mother, Cindy Schara, who recalled her daughter’s vibrant spirit and artistic talents.
“She was so talented when it came to coloring, and she loved to leave notes for people,” Cindy reflected. “She learned how to play violin, she was a dancer, she was an actor, she loved to be in plays, our home-schooled plays.”
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As the trial unfolds, it is expected to last up to 3 weeks, drawing attention to critical issues surrounding informed consent and the rights of patients and their families in the healthcare system.
The outcome of this landmark case could have far-reaching implications for how medical decisions are made, especially during a public health crisis.
