What’s The Verdict?
Last week, the jury returned a verdict in the case of Maya Kowalski. I have previously written about Maya Kowalski, who was a 10-year-old girl at the at Johns Hopkins All Children’s Hospitals in Tampa, Florida.
Maya had suffered from Chronic Regional Pain Syndrome (CRPS) and was receiving Ketamine treatments which reduces the sensation of pain even though they cannot stop it all together. It has been successful for Maya, but she had a very significant flare up which forced her mother, a nurse, Beata Kowalski, to take her to the hospital because severe abdominal pain and vomiting in October of 2016.
Unfortunately, I believe that the hospital had a rush to judgment in considering and reporting Maya’s parents to DCS with a diagnosis of Munchausen’s Syndrome by proxy (meaning the parents were causing Maya’s illness). The hospital clearly did not understand what CRPS is.
Apparently, they had received her pediatrician’s corroboration and recommendations for CRPS treatment, but they still went ahead and reported her to DCS. The hospital district felt that Beata was interfering with Maya’s treatment and disagreed with the dosage of ketamine.
Pediatrician Dr. Sally Smith was also improperly granted access to Maya’s medical record to build a case of child abuse against the family.
Maya was held in the hospital for 90 days during which time she was surveilled by video for 48 hours and photographed. None of this was approved of by the parents. Once custody was given to the hospital, the hospital did what they wanted. Beata became depressed and felt helpless and chose to end her life.
Now there are allegations of sexual misconduct by a male employee who entered her room and stared at her private parts which he forced her to show. Criminal charges will be filed.
The jury deliberated for 16 hours over three days and concluded that the hospital’s actions led to the mother’s suicide.
The jury awarded $211 million for false imprisonment of Maya Kowalski, battery of Maya Kowalski, fraudulent billing of Jack Kowalsk, Maya’s father, inflicting emotional distress on Beata Kowalski, wrongful death claim for the estate of Beata Kowalski and intentionally inflicting emotional distress on Maya Kolwalski. The jury also awarded $50 million in punitive damages.
Prior to trial, the hospital says they are fighting this because they want to make sure that the healthcare providers feel comfortable reporting concerns about Munchausen syndrome by proxy or any other concerns about parental mistreatment of their children. Who but a nurse is in a better position to know what their child’s healthcare needs are.
Unfortunately, Beata’s concerns were not taken seriously, and the nurses thought the mother was harming their child. Fortunately, the jury saw differently and learned the truth.
The sad part about this was at age ten, Maya was isolated in a room, watched on video, and being photographed without the parents’ knowledge or consent. In fact, Maya could not even talk to her mother. Maya’s mother became so depressed, fatigued and suffering from an overwhelming sense of helplessness that she couldn’t continue and chose to take her own life.
Nothing is going to give Maya back the time that she lost in the hospital and how she was treated, and nothing will bring back her mother.
It is so sad when there is a rush to judgment like in this case, which turned out to be not true. I am glad that John Hopkins was held accountable.
