The Sconi

In a precedent-setting case, a Wisconsin jury is poised to determine the outcome of a lawsuit accusing Ascension St. Elizabeth Hospital in Appleton and medical providers of medical malpractice and battery, resulting in the death of 19-year-old Grace Schara, who had Down syndrome.

The lawsuit, filed by Scott Schara, Grace's father and estate administrator, alleges a range of violations, including the administration of a lethal drug cocktail and the imposition of a "Do Not Resuscitate" (DNR) order without family consent.

Grace's ordeal, triggered by a COVID-19 diagnosis, includes claims of neglect, inappropriate treatments, and the denial of family access, raising broader implications about patients' rights to informed consent and challenging legislative immunity for medical professionals.

The trial is scheduled to begin on Nov. 4, 2024, with potential ramifications for physician battery cases and legal exposure for patient deaths.

“The actions which took place and led to this litigation occurred in midst of the COVID-19 pandemic; however, Grace did not die from COVID-19 and did not have COVID-19 when she died,” the lawsuit reads.

“She died because she was given end of life comfort-care while in recovery. This unauthorized palliative care consisted of strong sedatives that eventually caused Grace’s respiratory and heart rates to crash. The Defendants are responsible for Grace’s untimely and avoidable death.” 


The defense sought to dismiss the charges under medical malpractice, but the judge set a fast-track date for a three-week jury trial starting on Nov. 4, 2024, Schara’s attorneys Overton & Associates said in a press release.

The case highlights issues of informed consent, medical malfeasance, and patient rights, with potential national implications.

The order stemmed from a pivotal hearing at the Outagamie County Circuit Courthouse in Appleton, Wis., a judge denied defense motions to dismiss wrongful death charges in the nationally-watched case of Schara v. Ascension Health et al.

Schara emphasized that the pivotal aspect of his lawsuit is to challenge the "legislative immunity" enshrouding the medical profession, a concept he believes is not well-understood by the public.

“Grace’s death is one of many,” Schara told the Defender.

Schara has launched a podcast titled “Deprogramming with Grace’s Dad.”

“The path after Grace’s death has ultimately led Scott to discovering he has been programmed to believe things that are not true – lots of things. Scott would like this podcast series to open eyes and hearts to start the process of deprogramming yourself,” the podcast’s landing page reads.