Milwaukee, WI – A lawsuit against Children’s Hospital of Wisconsin has been dismissed following the accidental disposal of a brain donated for research. The lawsuit was initiated by the parents of Ashtyn Fellenz, who passed away in December.
Ashtyn Fellenz was 24 years old and diagnosed with Canavan disease, a terminal neurological disorder. Her parents agreed to donate her brain for research to further understanding of the disease and possible treatments.
On November 17, Milwaukee Circuit Court Judge Timothy Witkowiak ruled that the Fellenzes could not pursue damages against the hospital. The judge stated that surrendering the donation meant the parents relinquished all rights to it.
Despite the ruling, Judge Witkowiak acknowledged the hospital’s mistake and expressed sympathy for the Fellenz family. He encouraged Children’s Wisconsin to review its protocols to prevent similar incidents in the future.
The hospital admitted the error, stating it was “profoundly sorry” for the mistake. In May, before the lawsuit was filed, a spokesperson emphasized the need to reinforce protocols to avoid such errors.
Children’s Wisconsin reported that both sections of Ashtyn Fellenz’s brain were removed properly but were later improperly disposed of after months of storage.
Ashtyn underwent experimental gene therapy before her death and was among a few patients living longer due to the treatment. Canavan disease typically limits life expectancy to around ten years, but Ashtyn lived to 24.
