Landmark COVID malpractice trial begins over death of 19-year-old with Down syndrome
A first-of-its-kind wrongful death suit involving the death of a 19-year-old with special needs is underway in Wisconsin. The case centers around a death certificate naming COVID-19 as the cause.
Plaintiffs allege Grace Schara, 19, who had Down syndrome, was admitted into Ascension Health’s St. Elizabeth Hospital after contracting COVID only to die from what the family claims was a cocktail of medication and not symptoms of the virus itself.
Further, the family claims, when she became unresponsive, staff did not administer emergency techniques to revive or keep her alive as a result of a do-not-resuscitate order. The order, at the center of the case, was allegedly not signed by anyone in Schara’s family.
The incident took place in April 2022, and after failed attempts to have it dismissed, the case is now being tried in front of a jury in Outagamie County court.
Leadership and clinicians at St. Elizabeth have denied any wrongdoing.
Schara’s father and his attorneys, on behalf of the deceased, contend the hospital was negligent and that staff are guilty of medical battery, as treatments only resulted in an intensifying of COVID-19 symptoms, which resulted in the teenager dying days after being admitted.
He also believes the hospital violated laws around informed consent in administering various treatments, especially in light of the allegedly unsigned do-not-resuscitate contract.
Schara was not vaccinated for COVID-19, and St. Elizabeth’s attorneys said her “medical records speak for themselves.” They have vowed to defend the lawsuit all the way to a jury verdict.
What’s unclear is if the patient’s Down syndrome played a role in the case—a fact that will be argued in court. However, despite COVID-19 listed as the official cause of death, documents filed in court by the hospital admit “a naturally progressing disease, a pre-existing condition or a superseding or intervening cause” may have been a contributing factor.
St. Elizabeth contends that, even if that is the case, Schara’s death was beyond their control.
Case earned attention of RFK-backed nonprofit
The case has garnered media attention nationally, given it’s one of the first wrongful death lawsuits of an unvaccinated COVID patient to make it to trial and there are complicated medical factors in play. The family argues these aspects make the vaccination status of their daughter irrelevant.
Local media reporting on the case at WBAY said large crowds are expected to gather for the duration of the proceedings, which are projected to last roughly three weeks.
The Milwaukee Sentinel Journal reports the local area has been plastered with signs and billboards that largely support the family, pushing the message that Schara was killed by a “lethal combination of meds” and asking if “innocent lives [have] been stolen by medical malpractice or murder.”
Many of those claims may come from Children’s Health Defense, a nonprofit antivaccine advocacy group founded by HHS Secretary Robert F. Kennedy Jr. It is not clear what role the group is playing in the trial. However, the organization is streaming the trial live on its website.
The Sentinel Journal added that the family intends to argue they asked to have the do-not-resuscitate order lifted before Schara passed away but were ultimately denied. They contend she was given Precedex, lorazepam and morphine without their knowledge or consent.
St. Elizabeth believes it is protected by the Public Readiness and Emergency Preparedness Act, which grants hospitals certain immunities in COVID-related deaths. A spokesperson told reporters the hospital has “full confidence in the legal proceedings.”
In order to win the lawsuit, Schara’s family will have to prove not only negligence but, for a claim of battery to earn a guilty verdict, the plaintiffs will also need to show intent on the part of staff to harm the deceased.
No specific financial demands have been reported anywhere, as those numbers will be determined by a jury if they side with the family’s claims.
A county judge is presiding over the case, which began with opening remarks on Monday.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.