A lawsuit against a Wisconsin hospital, accused of discarding a donated brain intended for research, has been dismissed by the courts.

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

The Milwaukee Journal Sentinel reported that Ashtyn had undergone experimental gene therapy, which had significantly prolonged her life. Studying her brain tissue might have revealed crucial insights into the effects of such therapies on Canavan disease and other similar neurodegenerative disorders.

However, despite the successful removal and storage of Ashtyn’s brain post-mortem, the part earmarked for research was mistakenly discarded.

On November 17, Milwaukee Circuit Court Judge Timothy Witkowiak dismissed the lawsuit. He ruled that the Fellenz family, seeking damages for the hospital’s error, did not have a valid legal claim. Judge Witkowiak concurred with Children’s Wisconsin, noting that the parents surrendered their rights to the brain once the donation was made to the hospital.

However, Witkowiak said during the hearing that his decision did not mean that Children’s Wisconsin did not make a mistake. The judge apologized to the Fellenz family and said, “I would think that this case would be a reason for them to take a look at all their protocol and see what went wrong here, because it went wrong in a major fashion.”

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.