Grace Schera's family wants jury to decide hospital caused her death, not COVID-19. What to know about the case.
Grace Schara died at age 19 in October 2021, after being admitted to Ascension NE Wisconsin-St. Elizabeth Hospital in Appleton for symptoms of COVID-19. Her father filed a wrongful death lawsuit a year and a half later.
Here's what to know about the case and trial.
More: COVID, conspiracy theories and a billboard campaign: Grace Schara's hospital death finally sees trial
Grace Schara was the youngest of three children. She had Down syndrome, and loved drawing, singing, dancing and Elvis Presley.
Grace was 19 when she died Oct. 13, 2021, seven days after being admitted to Ascension NE Wisconsin-St. Elizabeth Hospital in Appleton for symptoms of COVID-19.
She died from COVID-19 complications, according to the hospital. Her parents believe she died as a result of actions taken by hospital staff, and have filed a wrongful death lawsuit in civil court.
Grace's father, Scott Schara, leased multiple billboards along Interstate 41 and other highways in Outagamie and surrounding counties. The messages and photos change, but some include:
'Have innocent lives been stolen by medical malpractice or murder?'
'Was Grace given a lethal combination of meds at St. Elizabeth's hospital? Intentional? Who's next?'
Now self-proclaimed 'medical murder' expert, Schara believes the government and medical community have worked together to hasten the deaths of thousands of people, particularly the disabled and elderly. He's spread these views on the billboards and a related website, OurAmazingGrace.net.
Their lawsuit is a wrongful death claim. Their lawsuit includes claims of medical negligence, violation of informed consent and battery.
In the family's lawsuit, they say Grace was given precedex, lorazepam and morphine without their knowledge or consent, and that it was this trio of drugs — not complications from COVID-19 — that caused Grace's body to go into respiratory distress.
And, their lawsuit claims, it wasn't until Grace was in respiratory distress that the family learned a "do not resuscitate' order had been placed on her chart — which directs medical staff not to perform any life-saving measures if a patient experiences cardiac or respiratory arrest.
Their lawsuit names defendants Ascension Health, doctor Gavin Shokar and nurse Hollee McInnis as defendants. Other doctors, nurses and medical professionals were dismissed from the lawsuit.
The hospital argues that injuries or damages sustained by the Schara family may be the result of their own negligence or decision-making, and that Grace's condition may have been the result of a pre-existing condition or the result of a natural disease progression beyond the control of the hospital staff.
The hospital also argues the federal Public Readiness and Emergency Preparedness Act provided immunity from liability for certain individuals and entities during the COVID-19 pandemic, according to court documents.
Ascension spokesperson Victoria Schmidt said in a statement to the Milwaukee Journal Sentinel that while the hospital is unable to comment on ongoing legal matters, 'we have full confidence in the legal proceedings.'
Jury selection began Monday, June 2. Opening arguments took place Tuesday, June 3.
Outagamie County Circuit Court Judge Mark McGinnis reserved four weeks for the trial.
During the trial, up to 22 witnesses may testify. Eight of those people are experts on various topics, McGinnis said at jury selection Monday. Others testifying will include Grace's parents, Scott and Cindy Schara, and defendants Dr. Gavin Shokar, Grace's doctor, and Hollee McInnis, a nurse.
The trial will be live-streamed by Children's Health Defense, the anti-vaccine nonprofit founded by Robert F. Kennedy Jr., now the nation's health secretary.
The public can attend in-person at Outagamie County Courthouse, but may have to sit in an overflow room because of limited capacity.
The case is the first to challenge COVID-19 as the cause of death listed on a death certificate.
Family and supporters view it as a chance to hold the medical profession responsible for hospital deaths during the COVID-19 pandemic and beyond.
The case could also set a precedent that bypasses the state's medical-malpractice cap.
A wrongful death case can apply to any cause of death, but if that death is due to medical care, there are limitations on who can file such a case and the amount of damages that can be paid out.
Attaching the medical battery claim to the lawsuit is an attempt 'to kick the case outside the realm of medical malpractice limitations," said Jerome Hierseman, with Milwaukee-based End, Hierseman & Crain, a medical malpractice firm.Attorneys for the family believe it is also the first medical battery claim attached to a wrongful death lawsuit to be tried in Wisconsin in the past 50 years.
This article originally appeared on Milwaukee Journal Sentinel: Grace Schara trial: What to know about disputed COVID-19 death
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