Wisconsin dad’s landmark COVID-related lawsuit moves forward

Scott Schara shared the latest developments in the case involving the death of his daughter, Grace—including how, despite the odds, a trial date has now been set for June.

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Scott Schara joined Liz Collin on her podcast to share the latest developments in the case involving the death of his daughter, Grace.

After a family watched their daughter with Down syndrome die over FaceTime, their landmark lawsuit against a Wisconsin hospital for what they call “medical murder” is moving forward.

Scott Schara joined Liz Collin on her podcast to share the latest developments in the case involving the death of his daughter, Grace—including how, despite the odds, a trial date has now been set for June.

Grace was just 19 when she died in October 2021. She tested positive for COVID and her family worried about her oxygen levels. She was checked into Ascension’s St. Elizabeth Hospital in Appleton, Wisconsin. She died a week later.

Schara explained the tragic experience of her death: “We watched her die on FaceTime … Immediately, Cindy [Grace’s mother] and I got in the truck. I drove her to the hospital. I was extremely sick at that point. So I waited in the truck and she was in the hospital for about four hours. They go through the entire process … but on her way out, our pastor was pushing Cindy out in a wheelchair and then one of the nurses had Grace’s belongings on a cart. She leaned down and said, ‘Mrs. Schara, me and several of the nurses don’t think Grace should have died today.'”

Schara and his family quickly moved to obtain all of Grace’s medical records to piece what happened together.

“We didn’t realize she was murdered at that point. And then I sent all of our records and a report to Ascension St. Elizabeth’s asking for a meeting with the doctor and the hospital CEO. This was on Nov. 8. On Dec. 2, they wrote back and said, ‘We’re not going to meet with you,'” Schara said.

Nearly two years later, a lawsuit was filed. The hospital denied all the claims in the lawsuit and moved to have the suit dismissed several times. But a judge has allowed the case to move forward.

Grace spent a week at Ascension’s St. Elizabeth Hospital in Appleton. (Photo provided to Alpha News)

“The next major date in our timeline is Feb. 10. That’s when the defense experts have to be disclosed along with their reports. So then we’re going to finally see what their angle is for countering our claims,” Schara said.

Schara has been documenting the case on a website called Our Amazing Grace. Aside from family photos, he dives deep into state laws regarding do-not-resuscitate (DNR) orders.

Urgent message about hospitals and ‘next of kin’

Regarding DNR orders and the rights of next of kin, Schara discussed how it may seem “logical” that if something happened to a family member, the hospital would notify the next of kin.

“Well, in a not next of kin state, that’s not true. In fact, the hospital takes over decision making in 15 states in our country right now. Minnesota happens to be one of those that is a not next of kin state,” Schara said.

Schara also shared what he called an “urgent message” to those in Minnesota and Wisconsin and 13 other states: “Make sure you have a medical power of attorney in place. And the person that you assign as your medical power of attorney, or you pick as your medical power of attorney, make sure that they’re awake to the system because there is no document that can save your life.”

Scott Schara with his daughter, Grace, and wife, Cindy. (Courtesy photo)

Notably, he has also been allowed to release depositions related to the case, which are also available on the website.

“The last deposition of our expert said that if Scott would have taken Grace home on Oct. 10 when he was taken out by an armed guard, Grace would be alive today. The defense attorney twisted that and said to the doctor, well that means because Scott didn’t take her home, Scott’s responsible for Grace’s death. So that’s the idea that they want to blame me for Grace’s death,” Schara said.

 

Liz Collin

Liz Collin has been a truth-teller for 20 years as a multi-Emmy-Award-winning reporter and anchor. Liz is a Worthington, Minnesota native who lives in the suburbs with her husband, son and loyal lab.