On Wednesday, November 5, 2025, the Green Bay Press-Gazette reported that defense attorneys in the Grace Schara wrongful death lawsuit have refuted claims of judicial bias made by Scott Schara, Grace’s father, who is seeking a new trial. The defense argues that no evidence supports Schara’s allegations that Outagamie Circuit Court Judge Mark McGinnis demonstrated bias against the Schara family.
Grace Schara, 19, passed away on October 13, 2021, at Ascension NE Wisconsin-St. Elizabeth Hospital in Appleton, after being admitted with COVID-19 symptoms. Scott Schara subsequently filed a lawsuit against the hospital and two healthcare providers, alleging that a combination of drugs and a wrongfully issued do-not-resuscitate order led to her death.
Following a 13-day trial, an Outagamie County jury ruled in favor of Ascension on June 19. The jury determined that the actions of the hospital, Dr. Gavin Shokar, and registered nurse Hollee McInnis – both of whom attended to Grace during the final two days of her life – did not constitute wrongful death, medical negligence, or a violation of informed consent.
On October 29, Scott Schara filed a motion seeking reconsideration of several pretrial rulings and requesting a new trial. In his motion, Schara contended that Judge McGinnis, who presided over the case, harbored a personal bias against the family, leading to rulings based on this bias rather than on legal grounds.
Schara’s claim of bias stems from an interview he gave to The Post-Crescent. He alleges that McGinnis “harbored a personal resentment” toward the newspaper due to a series of articles, originally written by Wisconsin Watch, concerning a Wisconsin Department of Justice investigation into McGinnis.
Attorneys Randall Guse and Jason Franckowiak, representing the hospital and Dr. Shokar, filed a response on November 3, requesting the court to deny Schara’s motion. They argued that the motion was filed outside the 20-day timeframe mandated by Wisconsin law for post-verdict motions. Furthermore, the defense asserted that Schara’s allegations of bias are without foundation.
The defense contends that Judge McGinnis’s comments, cited by Schara as evidence of bias, instead reflect frustration with Schara and his legal team for agreeing to a media interview despite concerns about pretrial publicity potentially influencing the jury pool.
The defense stated, “The Court was obviously concerned that an article published by the Appleton Post-Crescent on the eve of trial would give the Defendants a basis to request an adjournment of the trial,” adding that such an adjournment would have negated the extensive work invested by all parties and the court in preparing for the trial.
The defense maintains that the pretrial conference transcript provides no evidence that McGinnis denied the motions in limine as a consequence of Schara’s interview. The transcript purportedly demonstrates that McGinnis provided a legal basis for denying the motions.
The defense further argues that if McGinnis’s comments do indicate any bias, it is “a bias directed at the Appleton Post-Crescent,” and not against any party involved in the case. They assert that the record lacks any demonstration of bias against Mr. Schara, suggesting that his argument is based on his own perception viewed through his own bias.
The defense also argues that Schara’s motion should be denied because it was filed after the legally mandated timeframe for post-verdict motions. Wisconsin law requires such motions to be filed within 20 days of the verdict, unless the court grants an extension within that period. While an exception exists for motions based on newly discovered evidence filed within a year of the verdict, the defense argues that Schara’s claims do not meet this criterion and that he has failed to demonstrate that the alleged new evidence would likely alter the trial’s outcome.
The defense also questioned Schara’s claim that he was unaware of the articles published in The Post-Crescent regarding Judge McGinnis until after the trial. The first article was published on January 24, 2024, well before the trial commenced.
Judge McGinnis has not yet issued a decision regarding Schara’s motion. A hearing on the matter is scheduled for December 11.
Source: Green Bay Press-Gazette
