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America November 17, 2023 3 mins read

Take Care of Maya: The Kowalski Family’s $260 Million Legal Victory

America ı By Jackie Allen

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Take care of Maya

The Netflix documentary "Take Care of Maya" tells the story that played out in a Florida courtroom where Maya Kowalski and her family were awarded over $260 million in compensatory damages.

The verdict, delivered after an eight-week trial, found Johns Hopkins All Children's Hospital (JHACH) liable for a series of actions that led to claims of false imprisonment, wrongful death, malpractice, battery, emotional distress, and fraudulent billing. 

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Take Care of Maya

Maya Kowalski, now 17-years-old, became the center of a nationwide controversy after being admitted to JHACH in October 2016 with a rare diagnosis: complex regional-pain syndrome (CRPS).

 She was 10 -years old at the time. She had been treated by the hospital 17 times for the complex regional pain syndrome. The hospital staff was skeptical of her mother Beata Kowalski's insistence on high doses of ketamine for treatment. They accused Beata of child abuse. And decided Maya was faking her illness.

Maya was subsequently placed in the custody of the state of Florida and held against her will at JHACH. During the trial, Maya testified to the horrifying experiences she endured for months, including being monitored during calls, not being allowed to have visitors, and being pinned down and forced to take inappropriate pictures against her will.

Frustrated by the hospital staff's refusal to acknowledge Maya's diagnosis, Beata Kowalski tragically took her own life in January 2017. Maya was released into her father's custody only a week after her mother's death.

Legal Battle for Justice

Jack Kowalski filed a lawsuit in 2018 against JHACH. He claimed that the family was devastated by the loss of his wife. And that the trauma inflicted upon his daughter was inexcusable. 

 The lawsuit alleged false imprisonment, battery, medical negligence, fraudulent billing, infliction of emotional distress, and wrongful death. The trial, which began with jury selection in September, lasted eight weeks and culminated in a historic verdict.

On Thursday, the jury found JHACH liable on all claims, awarding the Kowalski family over $260 million in damages.

 The hospital was held responsible for causing undue emotional distress to Beata Kowalski leading up to her death and falsely imprisoning Maya. The damages awarded to Maya included compensation for being forced to take inappropriate pictures, enduring 48 hours of video surveillance against her will, and facing unwarranted physical contact with a social worker.

The Road Ahead

Howard Hunter, a lawyer representing JHACH, announced the hospital's intention to appeal. Hunter cited what he described as "clear and prejudicial errors throughout the trial and deliberate conduct by the plaintiff's counsel that misled the jury." 

The Kowalski family's journey through the legal system serves as a cautionary tale about the potential abuses within the healthcare system. "Take Care of Maya" not only sheds light on the struggles of one family but also prompts a broader conversation about the need for accountability and the importance of parent’s rights. 

 

 

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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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