Waukesha County eye drop homicide trial focuses on victim's pre-existing health issues

Waukesha County's medical examiner was back on the witness stand Thursday in the trial of a Franklin woman accused of fatally poisoning a Pewaukee woman in 2018 with eyedrop fluid.

At issue was whether Lynn Hernan, 61, ingested lethal amounts of tetrahydrozoline on her own to ease her health issues.

Jessy Kurczewski, 39, is accused of poisoning Hernan, staging an overdose scene and stealing more than $290,000 from her over time.

Kurczewski faces charges of first-degree intentional homicide and two counts of felony theft. She has pleaded not guilty.

The trial began Monday. Here are some of the takeaways from court Thursday:

Lynn Hernan had numerous health problems before her death

Hernan had an active DNR order — she went into a hospital and advised medical staff there she didn’t want to be resuscitated if her health declined. Hernan, according to a report by Medical Examiner Dr. Linda Biedrzycki, claimed she ate only soup for three to four years, due to intestinal intolerance.

A nurse recommended after a 2018 hospital visit that Hernan be seen by a 24-hour caregiver.

In February 2018, Hernan was admitted to hospital for sharp pains that she thought came from eating bologna and peas. She had experienced the pain, along with welts, for four days prior, but a cause couldn't be determined at the time.

Hernan had been dealing with a variety of health issues, including chronic obstructive pulmonary disease, or COPD. Dozens of pill bottles, many of them empty, were recovered from the home after Hernan’s death.

Waukesha County medical examiner Linda Biedrzycki testifies during the trial of Jessy Kurczewski at the Waukesha County Courthouse in Waukesha on Wednesday, Oct. 25, 2023. Kurczewski, 39, of Franklin is charged in the 2018 death of Lynn Hernan, 61, of Pewaukee after an autopsy showed Hernan died from ingesting tetrahydrozoline, the main ingredient in eyedrops.

Defense attorney questions medical examiner's conclusion about the cause of death

Defense attorney Donna Kuchler questioned Biedrzycki on reports that suggested other people with suicidal tendencies ingested tetrahydrozoline, trying to end their lives. They survived after receiving treatment for their poisoning.

Biedrzycki testified there was no ethanol, alcohol or alprazolam — a medication used to treat anxiety or panic disorders — in Hernan's system at the time of her death.

Hernan’s death was initially believed to be an overdose, until an autopsy showed she died from ingesting tetrahydrozoline, the main ingredient in eyedrops. The Waukesha County Medical Examiner’s Office concluded she had so much in her blood, it was impossible it came from applying it to her eyes.

Defense attorneys argued Hernan died by suicide and from prescription medication instead.

The trial, before Circuit Court Judge Jennifer Dorow, is expected to last five weeks.

More: Meet the key figures in Jessy Kurczewski's 'eye drops' homicide trial

This article originally appeared on Appleton Post-Crescent: Eye drop homicide trial of Jessy Kurczewski focuses on victim's health