A legal case against a Wisconsin hospital accused of improperly disposing of a donated brain intended for scientific study has been thrown out.

The litigation was initiated by the parents of Ashtyn Fellenz, a 24-year-old who passed away at Children’s Hospital of Wisconsin, also known as Children’s Wisconsin, in December 2024. Ashtyn suffered from Canavan disease, a rare and fatal neurological condition. Following her death, her parents, Arlo and Scott Fellenz, consented to donate her brain to advance research on the disorder.

The Milwaukee Journal Sentinel reported that Ashtyn Fellenz had undergone pioneering gene therapy, significantly prolonging her life. Analyzing her brain tissue might have offered key insights into the impacts of such treatments on Canavan disease and other similar neurological ailments.

Despite the successful removal and initial preservation of Ashtyn’s brain, the portion designated for research was inadvertently discarded.

On November 17, Milwaukee Circuit Court Judge Timothy Witkowiak dismissed the lawsuit. He ruled that the Fellenz family, who sought compensation for the hospital’s error, lacked a legal basis for their claim. The judge concurred with Children’s Wisconsin’s stance that the donation transferred ownership of the brain tissue to the hospital.

Nonetheless, Judge Witkowiak acknowledged the hospital’s error during the proceedings. He expressed regret to the Fellenz family, stating, “I hope this case prompts them to review their procedures thoroughly to understand the significant lapses that occurred.”

Children’s Wisconsin admitted to the mistake in a statement provided to local Fox affiliate WITI. In May, just before the lawsuit was filed, a spokesperson told WITI in part, “[O]ur team is profoundly sorry this happened, and we continue to take steps to reinforce our protocols to help ensure this does not occur again,” adding, “We are deeply grateful for Ashtyn’s life and for her family’s advocacy and care, and again offer our most sincere regret and apology.”

During its investigation, WITI received emails from Children’s Wisconsin staff that indicated that the process of removing and storing Ashtyn Fellenz’s brain went perfectly. Both halves of her brain were going to be sent to Living BioBank at Children’s Hospital in Dayton. Instead, the brain tissue collected dust in a laboratory at Children’s Wisconsin for months until it was “erroneously disposed of,” the hospital told WITI.

The hospital spokesperson added, “None of the above is an excuse for the remaining tissue sample being accidentally disposed of and for the delay in realizing and communicating this error.”

Ashtyn Fellenz was one of 16 patients who underwent the experimental therapy, but out of all of them, she lived the longest. Canavan disease causes the degeneration of the protective coating that surrounds nerves and the white matter of the brain. As the disease progresses, patients essentially become trapped in their own bodies while losing control of their muscles. Patients diagnosed with Canavan disease usually do not live past 10 years old.

Ashtyn Fellenz defied the odds and lived to 24 years old before her death on Dec. 5, 2024.