On Thursday, October 30, 2025, FOX 11 News reported that the family of Grace Schara, who previously lost a civil lawsuit against Ascension St. Elizabeth Hospital in Appleton, is seeking a new trial. The Schara family alleges that Judge Mark McGinnis demonstrated bias against them during the initial proceedings.
Grace Schara, who had Down syndrome, died in October 2021 after contracting COVID-19. Her family subsequently filed a lawsuit against St. Elizabeth Hospital, claiming medical malpractice. The suit alleged that doctors and nurses violated Schara’s patient rights by listing her as a “do not resuscitate” (DNR) without the family’s consent. Furthermore, the family contended that she was administered a lethal combination of drugs that contributed to her death.
Following a trial, the jury ruled in favor of the hospital in June. However, Scott Schara, Grace’s father, filed a motion on Wednesday asserting that newly discovered evidence reveals Judge McGinnis’s bias, warranting a new trial.
The motion claims that the family discovered the alleged bias after the trial concluded. Specifically, the motion cites the judge’s order for the family to pay over $50,000 in the defendant’s costs, as well as criticisms previously published by the Appleton Post-Crescent directed at the judge. The motion suggests that the judge’s bias influenced rulings against the plaintiff, including the denial of motions in limine. The family believes the judge reacted negatively after learning Scott Schara gave an interview to the Post-Crescent prior to the trial.
The motion concludes by stating that the family is giving the court an opportunity to correct the perceived injustice rather than immediately appealing. As of the report, no replies to Schara’s claims have been filed, and no hearings have been scheduled regarding the motion for a new trial.
Source: FOX 11 News
