'Take Care of Maya' trial: The verdict is in, jury makes a decision

After deliberations began Tuesday afternoon, the six-person jury in the trial of a Venice family suing Johns Hopkins All Children's Hospital for more than $220 million has reached a decision.

In the case that took years to reach trial, produced hundreds of thousands of pages of legal documents, evidence, and court filings, and had dozens of witnesses testify, the Kowalski family was awarded approximately $211 million in compensatory damages and the hospital was found liable on all seven of the claims against them, including false imprisonment, battery and intentional infliction of emotional distress.

The family sued Johns Hopkins All Children's Hospital in 2018 for $220 million more than a year after wife and mother, Beata Kowalski, took her life after child abuse allegations arose against her and a Florida Department of Children and Families investigation led to then 10-year-old Maya Kowalski being separated from her family.

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The Kowalskis story made national headlines earlier this year when a Netflix film premiered in June, detailing the Kowalski family's story and peeling back the layers of Florida’s child healthcare and welfare system. The family was featured in a previous Herald-Tribune and USA Today Network investigation.

The family took Maya to the hospital in October 2016 due to severe stomachache, which they believed was a relapse of her Complex Regional Pain Syndrome, a disorder that impairs the central nervous system and heightens pain sensations.

Hospital staff began to have suspicions of possible child abuse after they observed what many testified to as inconsistencies between Maya’s behaviors and her condition. Staff placed calls to the abuse hotline, beginning a more than three-month ordeal for the Kowalski family that has haunted them since.

The jury, made of four women and two men, received the case for deliberations Tuesday afternoon, and by early Thursday afternoon, they returned with their decision.

The jury deliberated on seven claims, down from the initial more than 20 that had been filed against the hospital, a social worker, and a part-time medical director of the Pinellas Child Protection Team. The claims include battery, fraudulent billing, false imprisonment, intentional infliction of emotional distress, and two claims of extreme and outrageous actions towards Maya and Beata Kowalski, which led to Beata taking her life.

A nervous excitement bubbled from those in the courthouse Thursday afternoon once it was announced the jury had a verdict. As the 21-page verdict form detailing the seven claims was read out in the courtroom Thursday, Maya, Kyle and Jack Kowalski each broke down crying, at points their sobs echoed in the courtroom amplified by the microphones on the table.

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Stay in the know: Attorneys for both sides reflect as case nears an end

In the jury box, one juror nodded his head as the damages were read out, while another juror grabbed a tissue and wiped her eyes. After the jury stepped out of the courtroom, the Kowalskis embraced each other and others in the courtroom, their tears continuing.

In a case that has been argued by attorneys on either side to be about parents' rights to decide the best treatment for their children versus standing up for mandatory reporters across the nation, the jury also decided to award punitive damages.

Punitive damages are awarded to a plaintiff as a way to punish a defendant for egregious actions and deter them from acting in a similar manner in the future. These damages, which a judge must grant permission for a plaintiff to pursue prior to a trial beginning, are an additional claim to the compensatory damages that are awarded during a civil trial.

In this case, only two claims had additional punitive damages that could be awarded to the family for false imprisonment and battery.

Greg Anderson, the lead attorney for the Kowalski family, foreshadowed that he would be filing a second complaint following the conclusion of the case related to the sexual abuse allegation made during the course of the trial by Maya Kowalski. Anderson also said a criminal complaint would be filed.

Defense releases statement following jury's verdict

Howard Hunter, one of the five attorneys who defended the hospital in the case, thanked the jury for their time and attentiveness during the course of the two-month trial.

Hunter, in a statement sent following the verdict, indicated the hospital intends to pursue an appeal "based on the clear and prejudicial errors throughout the trial and deliberate conduct by plaintiff's counsel that misled the jury."

Hunter said the evidence clearly indicated that All Children's Hospital followed Florida's mandatory reporting law when they reported the suspicions of child abuse that arose after Maya Kowalski was admitted into the hospital. Further, Hunter said that when the suspicions were confirmed by a district court, the hospital fully complied with DCF and court orders.

"We are determined to defend the vitally important obligation of mandatory reporters to report suspected child abuse and protect the smallest and most vulnerable among us," Hunter said. "The facts and the law remain on our side, and we will continue to defend the lifesaving and compassionate care provided to Maya Kowalski by the physicians, nurses, and staff of Johns Hopkins All Children’s Hospital and the responsibility of all mandatory reporters in Florida to speak up if they suspect child abuse.”

Hunter's statement aligns with earlier statements made by the hospital's defense in media coverage during the trial that the hospital decided to see the case to trial so as to stand up for their staff and mandatory reporters across the nation. Ethen Shapiro, another attorney for the hospital, commented that they had seen a "chilling effect" on mandatory reporting throughout the country because of this case.

"I'm particularly disappointed for the dedicated men and women at All Children's Hospital," Hunter said while standing outside the courthouse following the punitive damages verdict. "For all the hard work they put in and good faith effort they made in the care for this patient, I'm particularly disappointed in this result for them."

Hunter, who has represented the hospital for nearly three decades, stated he wanted to reassure the hospital's staff and mandatory reporters across the country that the hospital would be appealing the case zealously, and encouraged medical providers to continue to do their jobs as they see fit.

When asked about the punitive damages, Hunter felt that the sum, $50 million, was not a low figure and that it could greatly impact the nonprofit children's hospital which he said works every day to "render care that is needed to children all over this area for free, if needed."

Hunter defended Dr. Sally Smith, a pediatrician and the former medical director of the Pinellas Child Protection Team who was called to investigate the child abuse allegations against Beata. Smith had initially been a part of the lawsuit when it was filed, however, she and her employer settled with the family last year, according to media reports.

Hunter added that Smith is a competent, professional, and valued member of the medical staff, but noted that she isn't, and never was, employed by the hospital.

Vindicated: Kowalski family react to jury's verdicts

Following the jury's decision to award the family an additional $50 million in punitive damages Thursday evening, Maya, Kyle and Jack Kowalski stood outside the illuminated South Sarasota County Courthouse in Venice, they themselves glowing from media camera lights.

Maya faced the crowd wearing her mother's engagement band, her mom's white-beaded rosary wrapped around her wrist and the silver pendant necklace that she had picked out for her mom for Christmas while still under a shelter order at the hospital in December 2016. Maya said she had added a small pendant to the necklace which included a photo of her and her mother when they were down in Monterrey, Mexico, around the time of her ketamine coma procedure.

"I mean for the first time I feel like I got justice and to a lot of people that's unfortunately not something they can feel in this situation, and I'm just blessed that I could feel that for myself, for others and for my mom," Maya Kowalski said, adding that her mom would feel overjoyed about the outcome.

For those who are also suffering from CRPS or other chronic conditions, Anderson urged them to stay strong and that justice is out there, echoing Maya's sentiment as well.

Jack Kowalski said that the family is ready for a little rest and that the outcome of this trial shows that parents have rights, especially when it comes to their children.

"Words can't describe how thankful we are for them," Kyle Kowalski said about the jury when asked about his reaction to the jury's decision.

While the defense has indicated that they will appeal this case, Anderson said he isn't too worried and doesn't think they will have to retry the case. He added he hopes the organization will ponder its decision and not keep the Kowalskis on the ropes with this case, but he said the hospital still doesn't get it.

"The family had to have this, I think, to move on," Anderson said. "I think it's the best thing for them, to bring, and I hate the word closure. I think it's way overused, but in this instance, maybe it's true. That jury did more to let them know things were going to be ok. ... I just hate that it took so long."

At the end of the day, it wasn't about the money for the Kowalski family. For Maya, it was about finally getting the answer that her mom was in the right.

"Vindication," Anderson chimed in. "Vindication."

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.

This article originally appeared on Sarasota Herald-Tribune: 'Take Care of Maya' trial: Verdict is in, jury finds hospital liable