‘Take Care of Maya’ Case: Lawyers Present Arguments in Hospital’s Appeal of $200M Verdict
Tampa, Florida – February 12, 2025
Attorneys gathered in a Tampa courtroom on Wednesday to present oral arguments in the appeal of a $200 million verdict against Johns Hopkins All Children’s Hospital. The case, which gained national attention through the Netflix documentary Take Care of Maya, centers on the hospital’s treatment of Maya Kowalski, a young girl who was separated from her family after doctors suspected child abuse.
The case stems from events in 2016 when Maya, then 10 years old, was admitted to Johns Hopkins All Children’s Hospital in St. Petersburg, Florida, for chronic pain related to complex regional pain syndrome (CRPS). Her mother, Beata Kowalski, insisted that Maya required high doses of ketamine, a controversial treatment for the condition. However, hospital staff became concerned that Maya was a victim of Munchausen syndrome by proxy, a form of child abuse where a parent fabricates or exaggerates their child’s medical issues. This led to a report to Florida’s Department of Children and Families (DCF), which resulted in Maya being placed under state custody for months.
During Maya’s stay at the hospital, she was not allowed to see her mother. Beata Kowalski, devastated by the separation and allegations, died by suicide in January 2017. In 2018, the Kowalski family filed a lawsuit against the hospital, alleging medical negligence, false imprisonment, battery, fraud, and intentional infliction of emotional distress. In November 2023, a jury sided with the family and awarded them over $200 million in damages.
Hospital Argues Trial Was Unfair
In its appeal, Johns Hopkins All Children’s Hospital argues that the trial was fundamentally flawed. Attorney Derek Stikeleather, representing the hospital, stated that key legal protections were misapplied and that the hospital should not be held responsible for Beata Kowalski’s suicide.
“These three major errors set the stage for wild allegations that this is a hospital that kidnapped and tortured a little girl in order to kill her mother,” Stikeleather said.
One of the central arguments in the appeal is that the hospital had a legal obligation to report suspected child abuse and should be immune from lawsuits related to that report. Stikeleather contended that the hospital acted in good faith and was following state law. He also argued that the jury was improperly instructed about Florida’s immunity protections.
Additionally, the hospital disputes the claim that it exercised full control over Maya’s custody and care, asserting that decisions about her separation from her family were made by DCF and the courts, not hospital staff.
Kowalski Family Fights Back
Attorney Mike Tanner, representing the Kowalski family, refuted the hospital’s claims, arguing that Johns Hopkins All Children’s Hospital played a direct role in keeping Maya from her family. He stated that the hospital controlled many aspects of Maya’s day-to-day life, including her phone access and visitor policies, even when DCF was not directly involved.
Tanner also rejected the hospital’s immunity argument, emphasizing that their actions went beyond a simple abuse report and involved unnecessary medical interventions and psychological harm to the child.
“The hospital wasn’t just reporting suspected abuse—it was actively involved in Maya’s isolation and suffering,” Tanner said.
Awaiting a Decision
The Second District Court of Appeal has not yet indicated when it will issue a ruling on the hospital’s appeal. If the appeal is denied, Johns Hopkins All Children’s Hospital could be forced to pay the massive jury award to the Kowalski family.
Meanwhile, Maya Kowalski, now 18, continues to live with the effects of her traumatic experience. Her story has resonated with many families and has raised broader questions about the rights of parents and medical institutions in child welfare cases.
