Judge rules hospital isn’t liable for discarded brain of gene therapy patient

A judge in Milwaukee dismissed a lawsuit against a nationally ranked children's hospital despite the facility admitting that it accidentally discarded a human brain donated by a gene therapy patient.

Children’s Wisconsin performed the autopsy on Ashtyn Fellenz, a 24-year-old woman who died in December 2024. At the time, doctors preserved her brain, which was harvested for the purpose of scientific research.

The patient lived a life worthy of medical textbooks. At 3 years old, suffering from a typically fatal childhood disease, she underwent novel gene therapy that helped her live another 21 years.

In reporting on the case, Fox 6 Milwaukee did not disclose what condition Fellenz had, but it must be rare: Her parents donated her brain in hopes it would help with further treatment, as there aren’t many adults like their daughter.

They added that they would never have agreed to the organ donation if they knew nothing would come from it.

In court, lawyers for the defense argued that patients and families who donate organs have no claim to them after the hospital is in possession. In other words, Children’s Wisconsin cannot be held liable for any error that results in donated tissue of any kind being destroyed.

A judge ultimately agreed. But Fellenz’s parents said they plan to appeal the decision. It's unclear when and how the mistake occurred that resulted in the brain being thrown out. 

In speaking to Fox 6, a researcher called the brain “irreplaceable.” Fellenz’s parents said the loss only added to their pain, as a chance to advance scientific understanding was an important part of their daughter’s legacy.

For more, watch the full coverage from Fox 6 at the link below.