On Friday, December 19, 2025, FOX 11 News reported that Outagamie County Judge Mark McGinnis dismissed a claim of bias filed by Scott Schara, the father of Grace Schara, upholding a previous jury ruling in favor of St. Elizabeth Hospital in a medical malpractice case. The lawsuit, initiated by the Schara family, alleged negligence on the part of the hospital in the death of 19-year-old Grace, who had Down syndrome.
The Schara family contended that medical staff at Ascension St. Elizabeth Hospital violated Grace’s patient rights by listing her as “Do Not Resuscitate” (DNR) without obtaining the family’s consent. Furthermore, the lawsuit claimed that Grace was administered a lethal combination of drugs, which ultimately led to her death in October 2021 after she contracted COVID-19.
Following a trial, the jury sided with the hospital in June. Subsequently, Scott Schara filed a motion seeking a new trial, asserting that Judge McGinnis exhibited bias against him during several pre-trial rulings. Schara’s claim of bias stemmed from an interview he gave to the Appleton Post-Crescent, a publication that had previously published articles critical of the judge.
During a hearing, Judge McGinnis refuted the motion, expressing his concern over the accusations of bias, particularly given that they were raised after the trial’s conclusion. He emphasized that Schara had been present throughout the weeks-long trial and found the allegations of bias to be potentially disingenuous. The judge also pointed out that numerous rulings had been made in Schara’s favor during the proceedings.
McGinnis stated that the motion failed to meet the legal standard of presenting new evidence, as the article in question had been discussed in court prior to the trial, and its potential impact on jury selection was considered. He also noted that other articles published by the Appleton Post-Crescent regarding the judge were unrelated to the case.
The judge further referenced an email sent by Schara’s attorney after the trial, in which the attorney praised McGinnis for his handling of the trial and, in particular, his evidentiary rulings. McGinnis suggested that this email served as evidence that Schara’s legal representation did not perceive the rulings as biased at the time.
McGinnis acknowledged that Schara’s desire to find someone accountable for his daughter’s death was understandable. However, he stated that the jury had rejected Schara’s claims and that attempting to place blame on the court was inappropriate.
Source: FOX 11 News
