November 2, 2023: Medical malpractice and negligence has remained among the top 3 causes of death in United States for years. ‘Fortunately’ for hospitals, doctors, and other healthcare providers, the industry and its workers have been shielded by state laws and malpractice insurance for medical cases of injury, catastrophic injury, and wrongful death….until yesterday.
In the Scott Schara vs. Ascension Health lawsuit, Scott Schara filed a claim against; Ascension Health (St. Elizabeth’s Hospital), Dr. Gavin Shokar, Dr. David Beck, Dr. Romana Marada, Nurse Hollee McInnis, Nurse Alison Barkholtz, et al. for the wrongful death, medical negligence, violation of informed consent, and battery of his 19-year old daughter, Grace Schara while she was under their ‘medical care’.
On October 13, 2021, 19-year old Grace Schara died under a hospital issued DNR (DO NOT RESUSCITATE) order after being given a combination of IV sedatives including morphine, Precedex, and Ativan over a period of 6 days. These drugs are known as ‘end of life drugs’ and this was all done without her or her power of attorney’s (i.e. her father’s) consent, informed or otherwise.
Grace was a joyful and kind 19-year old teenager with Down syndrome who loved life, her family, Jesus, and Elvis.
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When Grace’s father, Scott Schara, originally filed his claim against Ascension Health and their medical providers for battery and wrongful death, his complaint pointed out that US healthcare centers and workers were receiving billions of excess dollars through the CARES Act as ‘bonus payments’ for various tests, treatments, and diagnoses, including ‘COVID-19 death payments.’
Ascension and named healthcare providers (defendants) filed an absurd motion to dismiss (MTD) claiming that Grace and her family members were responsible for her death, not the lethal cocktail of sedative IV drugs that were administered to Grace combined with the DNR order the defendants issued prior to Grace going into heart failure caused by the cocktail of sedative drugs.
“The allegations of the Amended Complaint support punitive damages regarding Plaintiff’s battery claim. After an unauthorized DNR was placed on record and her power of attorney (her father) was removed from the premises, Grace was injected with morphine, Ativan, and Precedex without her or her power of attorney’s knowledge or consent. These actions killed her.
As alleged, this conduct was willful, wanton, or reckless, supporting punitive damages under Jones v. Fisher.”
According to the EIN press release, yesterday, Judge Mark J. McGinnis rejected virtually all of the motions by the defense to dismiss Schara’s charges against them. “This case is ready to be tried in November,” he said.
The Schara vs. Ascension Medical case is the first of its kind that will redefine the impact and consequences of ‘intent’ in medical death cases. In other words, the healthcare workers at St. Elizabeth’s hospital are accused of maliciously labeling Grace’s patient file as DO NOT RESUSCITATE (DNR) after administering to her a lethal IV cocktail of ‘end of life medications’ known to cause death by inducing heart and lung failure.
“With the illegal DNR in place, the defendants (nurses and doctors) began to pile more drugs into Grace’s body.
All of these drugs (including morphine) were given without consent, informed or otherwise.
At approximately 6:45pm (on October 13, 2021), Jessica (Grace’s sister) felt Grace’s temperature dropping and repeatedly summoned nurses to diagnose the issue.”
“At approximately 7:20 p.m., Grace’s heart rate crashed, and her respiration slowed due to the sedative drugs.
Jessica immediately initiated a FaceTime call inside Grace’s room with Scott and Cindy.
The entire family begged the medical staff to save Grace.
The staff responded from the hallway that Grace was coded Do Not Resuscitate.
Scott and Cindy (Grace’s mom and dad) screamed, “She’s not DNR! Save our daughter!” and demanded the staff resuscitate her. Before this moment, the family did not know that Defendant Shokar had put a DNR on Grace’s chart.
Medical staff refused to resuscitate Grace or give her the morphine reversal drug (Naloxone).
A guard was stationed by the doorway.
Seven minutes later, Grace died from hypotension (dangerously low blood pressure) and bradycardia (dangerously low heart rate) caused by the improper, reckless, and unauthorized administration of palliative care while the medical staff stood by and did nothing.” (with a guard at the door).
According to the legal brief, the healthcare workers at the hospital not only engaged in medical malpractice and gross negligence in attending to Grace, but also in the willful and reckless battery of a learning-disabled teenager resulting in her tragic death.
While most Americans expect that all healthcare providers will do their best to uphold the Hippocratic to “First, do no harm,” many of us understand that there are sometimes deleterious (harmful) effects caused by various medical treatments and procedures that doctors are incentivized to perform.
However, we expect (and have the legal right) to be informed of harmful effects before choosing to proceed with a medical treatment or procedure. Also, many of us would expect healthcare providers to recommend against a treatment or procedure if they knew the harmful effects would far outweigh any patient benefit, especially if the harmful effect was death.
‘Fortunately’ for healthcare workers, failure to give informed consent can sometimes be covered under their insurance. However, in the case of Grace Schara’s death, not only was neither she nor her power of attorney given informed consent, NO CONSENT WAS GIVEN to the healthcare providers to administer to her an ‘end of life cocktail’ of IV drugs or to order a DNR on her file.
Judge McGinnis clearly saw what most lawful, ethical, and intelligent adults would see when reviewing this briefing; Grace’s death was not likely caused just by medical negligence, but appears to be a coordinated effort of intentional mischievous and deleterious medical orders and actions intended to result in the death (murder) of Grace Schara. The motive was likely for the purposes of receiving excessive bonus payments for deaths coded as “COVID-19”.
Scott Schara, has gone on record stating;
“Our case simply surviving today should send shockwaves across the nation, because we showed how to pierce the medical malpractice veil with a legal brief. Winning this claim will create a tidal wave.” – Scott Schara
I messaged Scott for a quote for this article and he requested that I remind everyone that there are consequences for violating God’s laws, specifically the 6th commandment, “thou shalt not murder”.
Source: Landmark Lawsuit Against Doctors and Nurses for Battery and Medical Murder is Going to Trial