Full Breakdown
Lawsuit Dismissed After Children's Wisconsin Discards Donated Brain
11/20/2025, 12:56:49 AM
Overview of the Incident
A Milwaukee County judge dismissed a lawsuit against Children's Wisconsin after the hospital mistakenly discarded half of the brain of Ashtyn Fellenz, a deceased donor whose tissue was intended for scientific research. The incident occurred following the hospital's autopsy of Fellenz in December 2024, during which the brain was preserved in hemispheres. However, the hospital later admitted to accidentally throwing away half of the brain, which Dr. Paola Leone from Rowan University described as "irreplaceable" for research purposes.
Legal Proceedings and Ruling
On November 17, 2024, Judge Tim Witkowiak ruled that organ donors and their families relinquish all rights to donated tissue upon its removal. The attorney for Children's Wisconsin, Michael Johnson, argued that the family had no viable claim since they had consented to the removal of the tissue. The Fellenz family, represented by attorney James Gende, contended that the hospital breached its duty by discarding the tissue, which was donated for a specific purpose rather than for routine disposal.
Family's Reaction and Future Plans
Following the ruling, the Fellenz family expressed their devastation, with Scott Fellenz stating that losing the brain tissue felt like "losing Ashtyn all over again." Arlo Fellenz, Ashtyn's mother, reflected on the consent process, questioning whether they would have agreed to donate if they had known the tissue could be discarded. The family plans to appeal the decision, with Gende noting the uniqueness of the case and the challenges in finding comparable legal precedents.
Implications of the Ruling
The ruling has raised concerns about the implications for future organ donations. Gende warned that it could send a chilling message to potential donors and their families regarding the fate of donated tissues. He emphasized that if families believe their donations could be routinely discarded, they may reconsider their willingness to donate organs or tissues.
Verbatim Quotes
- “It was literally like losing Ashtyn all over again,” — Scott Fellenz, Father of Ashtyn Fellenz
- “The consent was specifically for a purpose, not for it to be routinely discarded,” — James Gende, Attorney for the Fellenz Family
- “It’s one of the saddest things I’ve seen,” — Judge Tim Witkowiak
- “This is a rough road, but I’m not willing to give up yet,” — Arlo Fellenz, Mother of Ashtyn Fellenz
What's Next
The Fellenz family intends to appeal the ruling to the Wisconsin Court of Appeals, seeking to establish a new legal precedent regarding the rights of organ donors and the handling of donated tissues.
