Full Video

Speakers: Dr. Paul Marik, Dr. Joseph Varon, Scott Schara, Warner Mendenhall

When Grace Schara died in a Wisconsin hospital during the COVID pandemic, her family began asking difficult questions about consent, protocol, and patient rights. This week, IMA Co-Founders Dr. Paul Marik and Dr. Joseph Varon are joined by Grace’s father, Scott Schara, and his attorney, Warner Mendenhall of Freedom Counsel, to revisit the case and discuss the broader implications for medical advocacy, advance directives, and hospital accountability.

We’ll explore the concerns raised around medication protocols, Do Not Intubate orders, and access to records—alongside the lessons learned about legal barriers, family involvement, and the importance of independent medical advocates. The conversation is shaped by IMA’s longstanding commitment to restoring the doctor-patient relationship and building safeguards that empower patients and families.

Whether you’re entering the hospital yourself or bringing a loved one for care, the assumption is that medical staff will do everything possible to help. But the tragic story of 19-year-old Grace reveals just how wrong things can go when trust breaks down, protocols fail, and communication vanishes.

Grace Schara entered St. Elizabeth’s Hospital in Wisconsin with low oxygen saturation during the COVID pandemic in October 2021. Her father, Scott Schara, believed she would simply receive oxygen therapy and come home safely. Instead, Grace passed away just days later under circumstances that sparked outrage and questions nationwide.

In the years following, Scott’s grief turned to advocacy, ultimately leading to Schara v. Ascension Health, the first COVID-era hospital negligence case in America to reach a jury trial. The landmark lawsuit, concluded on June 19, 2025, lasted three weeks and was passionately argued by a dedicated legal team led by Warner Mendenhall and Freedom Counsel.

Despite compelling expert testimony and a deeply sympathetic case, the jury ruled in favor of the hospital. Still, Scott and Warner remain undeterred. Their fight for justice continues—and so does the urgent conversation their case has sparked. In this powerful webinar, they reflect on what went wrong, what patients and families need to know, and how all of us, providers included, can help prevent tragedies like this from happening again.

Misunderstandings: “Do Not Intubate” (DNI) and “Do Not Resuscitate” (DNR)

Regardless of the jury’s verdict, the case has opened the door to vital lessons every patient, family, and provider needs to understand.

IMA co-founders, doctors Joseph Varon and Paul Marik, both experienced critical care physicians at Independent Medical Alliance (IMA), weighed in addressing the shocking failures in Grace’s care. They highlighted systemic misunderstandings around crucial terms like “Do Not Intubate” (DNI) and “Do Not Resuscitate” (DNR).

Dr. Marik explained:

“DNR means when a person is dead… not to resuscitate them. That’s what it means. It doesn’t mean do not treat, do not manage. It’s only when a patient is actually dead, heart has stopped beating and they’re clinically dead, that you do cardiopulmonary resuscitation… the DNI part complicates the issue.”

Dr. Varon emphasized the critical role of open, honest communication:

“I’m sure that if somebody told you ‘do not intubate’ means ‘do not resuscitate,’ you would have said ‘go ahead and intubate right now.’”

Under any circumstances, it’s unreasonable to expect patients and families to decode complex medical terminology in moments of crisis. But COVID has made one thing painfully clear: we must be prepared to ask questions, advocate for ourselves and our loved ones, and demand clarity.

Warner Mendenhall

Attorney Warner Mendenhall

Scott Schara

Grace’s Father, Scott Schara

Medication Mismanagement and the Importance of Second Opinions

As the doctors reviewed Grace’s records, one theme became clear: she was given a series of powerful medications, even despite documented risks, and despite deteriorating vitals.

Grace was administered sedatives like Precedex and Lorazepam multiple times, even though her allergy to those medications was clearly noted. Then, after her blood pressure had already crashed, she was given a final dose of morphine.

“Who in their right mind would give morphine to somebody that has no blood pressure?” —Dr. Joseph Varon

In complex hospital settings, decisions can snowball quickly, and once the wrong call is made, few are willing to challenge it. That’s where the importance of a second opinion comes in.

It’s a difficult reality to face, especially during high-stakes situations like the COVID pandemic. But as advocates, we must find the courage to speak up. That might mean asking questions, requesting a case review, or bringing in another physician.

It’s not about disrespecting expertise. It’s about protecting life.

Key Issues of Negligence & Concern

Though the case was unsuccessful in court, that doesn’t mean the Schlara family has no case. Quite the opposite, actually. In the webinar, at around the 44-minute mark, you can hear the testimony of Dr. Burdine. In the testimony, he concisely details all that went wrong.

Dr. Burdine Grace Schara

The testimony is a must-listen. Dr. Burdine called the administration of morphine in Grace’s condition “the worst clinical decision I have ever witnessed in over 46 years of medical practice”—a stark statement indeed.

Three central concerns emerged from Grace’s case:

1. Communication and Records

  • Scott and his wife were not permitted consistently at Grace’s bedside.
  • Nurses and doctors failed to communicate critical medication reactions internally.
  • The family had no real-time access to medical records, only discovering harmful treatment after Grace’s death.

2. Advance Directives & Consent

  • Scott faced persistent pressure for ventilator “pre-authorization,” a concept foreign to many doctors.
  • Due to misunderstandings and unclear communication, Grace was labeled as “DNI” (Do Not Intubate), a term Scott did not realize could also be interpreted by hospital staff as “DNR” (Do Not Resuscitate).

3. Medication Protocols

  • Grace suffered multiple overdoses of sedatives despite documented reactions, with hospital staff seemingly unaware or unconcerned.
  • The administration of morphine when Grace had already crashed medically was unilaterally seen as a bad decision by all experts analyzing the case.

Creating a Living Will and Advance Directives: What You Need to Know

The confusion and tragedy surrounding Grace’s care highlight the urgent need for clearly written advance directives. Doctors Joseph Varon and Paul Marik emphasized repeatedly during the webinar how critical it is to prepare these documents before you or a loved one faces a medical crisis:

“[Creating these documents] should be done when you’re healthy, when you can actually, with a clear mind, decide what you want and what you don’t want. And that’s really important.” —Dr. Paul Marik

Creating These Documents:

  • Discuss Clearly with Family:
    Sit down and clearly discuss these issues with your family members. Make your wishes explicit, so there is no misunderstanding during a stressful situation.
  • Appoint a Trusted Advocate:
    Choose a reliable, independent medical advocate (ideally someone outside the traditional hospital system) who understands your wishes clearly and can advocate on your behalf if you become incapacitated.
  • Obtain Proper Forms and Instructions:
    Advance directives and living wills vary state by state in the United States. You can find state-specific resources to prepare your documents at these trusted links:

👉 Learn more via AARP: View State-by-State Advanced Directive Forms

Understanding the Terms:

  • Living Will:
    A document outlining your medical care preferences should you become unable to speak for yourself. It typically covers situations such as ventilator use, feeding tubes, CPR, dialysis, and other life-sustaining interventions.
  • Advance Directive:
    Often interchangeable with a living will, this broader document includes detailed instructions about your healthcare preferences and may appoint a trusted person as your medical power of attorney.
  • Do Not Resuscitate (DNR):
    Clearly specifies that if your heart stops beating (you are clinically dead), medical staff should not attempt CPR or other resuscitation efforts. It does not mean “do not treat.”
  • Do Not Intubate (DNI):
    Specifies that you do not wish to be placed on mechanical ventilation. Crucially, as Grace’s story shows, be aware some hospitals interpret DNI as equivalent to DNR, which you must explicitly clarify with your care providers.

Patient Empowerment: Know Your Rights and Prepare in Advance

Grace’s story is a clear example of the urgent need for patient empowerment. Both Scott and the doctors urge families to:

  • Understand exactly what medical terms (DNR, DNI) imply.
  • Create clear advance directives and living wills while healthy, not during a crisis.
  • Establish a relationship with an independent medical advocate—someone outside the traditional hospital system who prioritizes patient rights and autonomy.

Scott emphasized a profound takeaway:

“The best practices start with changing your belief. And so if you are still believing that you should just blindly trust the white coat, you will never be prepared. Once you change your belief, now you’ll be prepared because you’ll get your critical thinking back. And that’s what we have all tacitly given up and turned our freedom and critical thinking over to the state to take care of us. And that’s what we’ve got to get back.”

More Resources to For You and Your Loved Ones

To honor Grace’s legacy and help others navigate the complicated healthcare system, Scott and Warner Mendenhall’s work continues. Connect directly with them here, plus check out these resources from IMA:

Scott Schara

Warner Mendenhall

IMA Resources

Grace’s story is a heartbreaking reminder of the importance of advocacy and vigilance in modern healthcare. Her legacy deserves nothing less than our continued vigilance, advocacy, and care for one another.

Together, we can honor Grace and help prevent future tragedies. Consider making a donation today to support our ongoing efforts to educate, empower, and protect patients and families everywhere.

More on: Covid-19 | Hospital Protocols