A Florida jury has awarded the family of Maya Kowalski over $260 million in damages and said that punitive damages were warranted against Johns Hopkins All Children’s Hospital for allegedly mistreating Maya to the point that her mother took her own life.
The case was centered around the Netflix documentary “Take Care of Maya,” which detailed the Kowalski family’s experience with the hospital.
Two months ago, I wrote about Maya’s case and predicted that “the outcome of this trial could have far-reaching implications for the responsibilities of medical professionals,” which it absolutely will.
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The Kowalski family had sued Johns Hopkins All Children’s Hospital on legal grounds including false imprisonment, battery, medical negligence, and emotional distress. The jury ruled in favor of the Kowalski family on all seven claims, including false imprisonment, battery, medical negligence, fraudulent billing, intentional infliction of emotional distress, and wrongful death.
The hospital was also found liable for claims including false imprisonment, medical negligence, fraudulent billing, intentional infliction of emotional distress, and wrongful death. The case was unique in that jury selection was done privately to minimize jury tainting due to the widely-circulated Netflix documentary.
Remarkably, the Kowalski family tragedy now dates back seven years to October 2016 when Maya’s parents drove her to the emergency room after she experienced excruciating pain. They said the pain was from debilitating Complex Regional Pain Syndrome (CRPS), which Maya was receiving doses of ketamine as part of her medical treatment as recommended by specialists.
The hospital reported Beata to the DCF child abuse hotline and later said that the family would not be allowed to leave with Maya. The family says the hospital medically kidnapped Maya and battered her while in its care. Jack Kowalski, Maya’s father, testified that his family was told they would be arrested if they left the facility with Maya after a judge ordered her to be sheltered at the facility in state custody while the child abuse allegations were investigated.
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The legal issues at the heart of this case included medical malpractice, false imprisonment, wrongful death, and emotional distress. The hospital was found liable for several claims, including false imprisonment, medical negligence, fraudulent billing, intentional infliction of emotional distress, and wrongful death.
What Maya Kowaski’s case will mean in historical terms is far greater than even this massive verdict.
As Florida medical malpractice lawyer Nicole Kruegel observed, “On the whole, hospitals need to do much better to communicate effectively with patients and their families. The Kowalski family’s experience is a tragic reminder of the importance of patient safety and the need for hospitals to prioritize patient care above all else.”
Johns Hopkins All Children’s Hospital will surely appeal this verdict, but if courts are serious about patient safety, part of Maya Kowalski’s legacy should be seeing this verdict upheld on appeal. It’s the only right thing to do.
Editors note:
The family will be compensated $211,451,174. The family was awarded an extra $50,000,000 in punitive damages by the jury for both false imprisonment and false imprisonment combined with battery.
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