A teenager was removed by the state and held against her will in a Florida hospital before her mother committed suicide over their divorce and her family finally gets their day in court, nearly five years after she filed a lawsuit.
Maya Kowalski, 17, was placed in state prison for three months after doctors accused her parents of faking the symptoms of her debilitating complex regional pain syndrome (CPRS).
Florida’s Department of Children and Families and a state judge supported Johns Hopkins All Children’s Hospital’s suspicions of “child abuse” and Maya was placed in DCF custody.
After being separated from her daughter, who was 10 at the time, for nearly three months and a court order denying her access to her child, Beata took her own life – a tragedy that still haunts the Kowalski family.
The family described their harrowing experience in an explosive statement Netflix documentary that was released on June 19.
The family of Maya Kowalski (left), who claims she was ‘held captive’ by a Florida hospital when she was 10, finally gets her day in court, nearly five years after filing a lawsuit
Maya’s mother Beata (right) committed suicide after she was diagnosed with depressive mood and adjustment disorder after being separated from her then 10-year-old for 87 days
On Thursday, the civil trial the family had so desperately waited for finally began at the South County Courthouse in Venice, Florida. It is expected to take eight weeks.
In addition to punitive damages, Judge Hunter Carroll ruled that the jury may consider awarding punitive damages for battery and false imprisonment – if they side with the Kowalski family.
AndersonGlenn LLP, which filed the lawsuit on behalf of the Kowalski family, exclusively told DailyMail.com that the family hopes to seek $55 million in compensatory damages and $165 million in punitive damages.
Jennifer Anderson told DailyMail.com: ‘Everyone is relieved that we are finally getting our time in court. (They started) jury selection today.”
In an earlier interview, Greg Anderson, who is also part of Kowalski’s legal team, said: “One of the most notable injuries that will emerge at trial is the exacerbation of Maya’s CRPS as a result of Johns Hopkin’s malpractice at misdiagnosing CRPS as Munchausen by proxy (MSP).”
MSP is a mental illness and a form of child abuse in which a child’s caregiver, usually a mother, makes up false symptoms or causes real symptoms to make it appear as if the child is ill.
During Maya’s stay in hospital, it was alleged that she was videotaped for 48 hours and on another occasion was stripped to her underwear and photographed with the permission of a guardian or the dependency court.
Hospital officials also refused to let Maya’s parents take their daughter to another hospital before the state intervened, the lawsuit said.
Ryan Towey, a member of the team working with the firm representing JHACH, released a statement to DailyMail.com.
“Our priority at Johns Hopkins All Children’s Hospital is always the safety and privacy of our patients and their families.
“That’s why we follow strict federal privacy laws that limit the amount of information we can release about a specific case.
‘Our first responsibility is always to the child in our care. Our employees are required by law to notify Florida’s Department of Children and Families (DCF) if they suspect abuse or neglect.
“It is DCF and a judge – not Johns Hopkins All Children’s Hospital – who investigates the situation and makes the final decision on what course of action is in the best interest of the child.
‘We are determined to avoid any chilling effect on reporting requirements for suspected child abuse, to protect the most vulnerable among us.’
Catherine Bedy, a former social worker at All Children’s Hospital, is also named as a defendant in the case.
In Carroll’s order awarding damages, he wrote that there were several occasions when Bedy “kissed, petted, or placed the child on her lap.” Tampa Bay Times reported.
AndersonGlenn LLP, which filed the lawsuit on behalf of the Kowalski family, told DailyMail.com exclusively that the family hopes to seek $55 million in compensatory damages and $165 million in punitive damages
Maya, now 17, was placed in state custody for three months after doctors accused her parents of faking the symptoms of her debilitating complex regional pain syndrome (CPRS).
Ethen Shapiro exclusively told DailyMail.com in July that the court has “already determined” that the hospital had “reasonable grounds to suspect that Maya Kowalski’s mother was abusing her.”
“It’s very simple: Catherine Bedy repeatedly abused (Maya),” Carroll wrote, adding that the hospital’s risk management office knew about her behavior, directed it and repeatedly allowed her to interact with the child to go.
Ethen Shapiro told DailyMail.com exclusively in July that the court “has already determined” that the hospital had “reasonable grounds to suspect that Maya Kowalski’s mother was abusing her.”
In Shapiro’s response, he cited partial statements and transcripts provided to DailyMail.com from the more than 3,000 court files related to the case.
“There are hundreds of publicly available court documents that completely contradict the Netflix story,” Shapiro said, denouncing the documentary.
The hospital’s defense is expected to focus on the status of its staff, as mandatory reporters are required by state law to call the abuse hotline if they have “reasonable cause,” the Tampa Bay Times reported.
Shapiro previously said the decision to place Maya in the hospital was not made by the hospital, but by the state’s child welfare system.
The Kowalski family’s story was launched onto the national stage following the release of the damning Netflix documentary.
The publicity has raised some concerns about assembling an impartial jury, with the judge recently agreeing to the hospital’s request that those chosen, who have seen the program, be interviewed individually so as not to influence other potential jurors.
This could mean that jury selection could take a week or more.
The family described their harrowing experience in an explosive Netflix documentary released June 19
A second abuse report was made by Sally Smith, Pinellas’ former medical director of child protection, who conducted an investigation into Maya’s case. She has since retired and settled with the Kowalski family for $2.5 million
“We’d rather not have it that way,” Nick Whitney, an attorney for the family, told the Tampa Bay Times.
“But it’s probably helpful to clear up one possible appeal issue.”
The documentary has also raised concerns about the Florida Department of Children’s role in the case.
A second abuse report was made by Sally Smith, Pinellas’ former medical director of child protection, who conducted an investigation into Maya’s case.
Smith was employed by Suncoast Center, a nonprofit contracted by the Florida Department of Health. She retired in July 2022.
They and the nonprofit, originally named as defendants, settled for $2.5 million, according to the Kowalski family. The cut.