MILWAUKEE, Wisconsin – A Wisconsin family’s lawsuit against Children’s Wisconsin over the accidental disposal of their daughter’s donated brain tissue has been dismissed by a Milwaukee judge. The case centered around 24-year-old Ashtyn Fellenz, whose family hoped her brain tissue would advance research into Canavan disease, a rare and fatal neurological disorder. Despite the dismissal, the court acknowledged that the hospital made a serious mistake in handling the donation.
Incident Overview
The lawsuit was filed by Arlo and Scott Fellenz, parents of Ashtyn Fellenz, who died at Children’s Hospital of Wisconsin on December 5, 2024. Born with Canavan disease, Ashtyn had undergone experimental gene therapy, which extended her life far beyond the typical prognosis. After her passing, her family agreed to donate her brain for research, believing it could provide critical insights into future treatments.
According to reporting from the Milwaukee Journal Sentinel, researchers hoped the tissue would help scientists better understand how gene therapy affects degenerative brain conditions like Canavan. The donation was intended for the Living BioBank at Children’s Hospital in Dayton.
A portion of her brain, however, was “erroneously disposed of” at Children’s Wisconsin after being improperly stored for months, the hospital acknowledged.
Court’s Decision and Reasoning
On November 17, Milwaukee Circuit Court Judge Timothy Witkowiak dismissed the Fellenz family’s lawsuit. He ruled that because the family had already donated the brain tissue, they legally relinquished rights to it, meaning they could not sue for damages over how it was handled…