Through an open-records request, The New American has obtained documents that shed fresh light on the gravity of the decision in a landmark medical malpractice case — the only wrongful death jury trial in the country for a death officially declared to be caused by Covid. The decision in favor of the defense, handed down in June, should serve as a warning to us all.

Readers of The New American are already familiar with the story of Grace Schara, a Wisconsin teen with Down syndrome who lost her life in a Covid hospital in October, 2021. (Those new to the story can read about it here and can also access recordings of our livestream of the proceedings here.)

In short, the plaintiffs alleged that Grace died from intentional overdoses of sedative, benzodiazepine, and opioid medications, while the defense insisted that a SARS-CoV-2 infection ended her life.

Just days after the lawsuit ended, The New American interviewed Scott Schara, Grace’s dad, who said the outcome proves that informed consent, enshrined in the Nuremberg Code of 1947, is finished.

“Just by being in a hospital, you are giving implied consent,” he warned of the precedent this case sets. He said that the defense claimed, and the jury endorsed the idea, that the drugs in question were normal in an ICU, so no informed consent was necessary, nor did providers need bother to inform the family when Grace survived two drug overdoses early during her hospital stay. He also pointed out that the jury upheld defense witnesses who claimed that a “Do Not Intubate” order (DNI) is equivalent to a “Do Not Resuscitate” order (DNR), and that a doctor may unilaterally place either on a patient, also without informed consent.

Prior Complaints

However, before suing, Scott Schara filed a complaint with Wisconsin’s Department of Safety and Professional Services (DSPS), the state agency which oversees licensed professionals. It accused the physician who took care of Grace during the last two days of her life, Dr. Gavin Shokar, of “label[ing] the patient as DNR and overdos[ing] her on morphine.”

In order to obtain Shokar’s response to these charges, The New American requested the complete file pertaining to Grace’s DSPS case. We received some documents in late August, with only the patient’s name and certain private contact information redacted. However, the file merely included a reference to Scott’s complaint, a case which the agency closed on January 18, 2022 without investigation. We double-checked with DSPS, but the agency said it had nothing to add. (Interestingly, a second, unrelated complaint, filed in May 2023 against Shokar for “negligence/incompetence” and “unprofessional conduct” is listed among the documents received. DSPS reports the case as still open but offers no further details.)

Instead, the remainder of the 170 pages pertains to a complaint filed in July 2023, by Lorna Speid, Ph.D., a clinical pharmacist and president of the California-based drug development consultant, Speid & Associates.

In her initial letter to DSPS, she said she spent “many hours reviewing the medical notes and consulting with other experts in specialized fields” about Grace’s case.

Based on that collaborative analysis, she charged Shokar with “gross incompetence, gross negligence, medical malpractice, dishonesty and deliberate cause of death.” She called his actions deliberate “because the probability that one physician could make all these mistakes and errors, accidentally, is low. All reasonable physicians would know that the actions Dr. Shokar took would lead to the death of the patient.”

She also noted that “the degree and level of cruelty that Ms. [redacted] was subjected to was extraordinary, and repugnant.” According to Speid, part of that cruel treatment involved “recklessly falsif[ying] the medical records to insert a DO NOT RESCUSITATE [DNR] for a vulnerable patient, without the written and unequivocable consent of her parents/guardians,” and refusing to “administer NARCAN to reverse the Morphine overdose.” (Morphine is an opioid that Shokar ordered for Grace, and NARCAN is a brand name for the generic naloxone, an opioid reversal drug.)

Hollee McInnis was the registered nurse charged with Grace’s care on the last two days of the teen’s life, and about whom Speid filed a separate complaint with DSPS. Her report gives a play-by-play timeline of McInnis increasing a continuous infusion of Precedex (a sedative) throughout Grace’s last day on earth; Grace had survived two overdoses of this drug during the same hospital stay. The incidents are clearly documented in her medical record.

On top of that, McInnis piled three doses of the benzodiazepine lorazepam (two of which were given only three minutes apart), though this med is “contraindicated in patients in respiratory distress” (which McInnis recorded as Grace’s condition at the time). She then added a rapid intravenous (IV) push of morphine, which is also warned against for patients having difficulty breathing.

“There is no other explanation for a nurse with 20 years of experience, administering this cocktail of drugs.” Speid explained that it was instead McInnis’ duty to report Shokar for “inappropriate prescribing” and to “refuse to administer the drugs prescribed.”

Unfortunately, the doctor ordered, and the nurse delivered. Grace died a short time later.

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