'Take Care of Maya' case: Lawyers for All Children's Hospital file appeal

Appeal filed in ‘Take Care of Maya’ case

Lawyers for Johns Hopkins All Children’s Hospital have filed an appeal several months after a jury awarded the family of Maya Kowalski more than $200 million in a case that made headlines around the world.

SARASOTA, Fla. - Months after a jury awarded Maya Kowalski's family more than $200 million in the ‘Take Care of Maya’ case, Johns Hopkins All Children’s Hospital filed an appeal.

Nine months ago, Maya Kowalski walked out of the courthouse after a jury awarded her millions for her lawsuit against the hospital.

"To me, it was about the answer, knowing that my mom was right. I want people to know that. She wasn’t harming me at all," Kowalski said at the time.

The trial lasted eight weeks. Ultimately, the jury found the hospital liable on all seven counts – finding hospital staff committed false imprisonment, medical negligence, battery, fraud and intentionally inflicted emotional distress on the family – eventually leading to the death of Maya’s mother, Beata.

Back then, the hospital said the fight wasn’t over, and the Kowalski family attorney knew it, too.

"They'll appeal it. They'll file like I said, 100 pages of motions and we'll do what we've been doing, which is we'll persevere through. I have no fears about that verdict," the Kowalski family attorney Gregory Anderson said at the time.

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Anderson commented Tuesday on the new appeal.

"We've seen nothing in the appellant's brief that is new factually or legally," Anderson said. "It is a rehash of motions that Judge Carroll heard in multiple forms and on multiple occasions and denied each time."

An attorney for Johns Hopkins All Children's Hospital, Howard Hunter, made clear soon after the decision was handed down in January that the hospital planned to appeal the verdict.

"Be reassured that we will appeal this. We will appeal it zealously, and we will continue to try to make their jobs safe and effective," Hunter said at the time.

In January, the hospital filed a motion for a new trial. A judge denied that motion – but also lowered the amount of money the hospital needed to shell out to the family from $261 million to $213 million – saying that certain damages were "excessive."

The hospital hired an attorney from a Baltimore law firm who recently filed an initial brief in appellate court, saying the award was excessive.

In the brief, they argued the hospital cannot be held liable for the mother’s suicide and there was insufficient evidence to find the hospital guilty of intentional infliction of emotional distress. They also argued the punitive damages claims were not proven by clear and convincing evidence, which is something the hospital’s team mentioned on the day of the verdict.

"Sending a message for punitive damages is really going to create a silencing effect at my hospital, where it’s going to chill people from ever speaking up again," Attorney Ethen Shapiro said.

Shapiro commented on the filing of the appeal.

"The opening appellate brief argues that Johns Hopkins All Children's Hospital did not receive a fair trial and outlines the errors that led to an unprecedented verdict and judgment against a pediatric hospital," Shapiro said.

"The first trial repeatedly challenged the hospital’s good faith participation in child-protection activities authorized by Florida law. It ultimately held the hospital liable for actions taken by the Pinellas County Child Protection Team and Department of Children and Families to keep Maya separated from Mrs. Kowalski and shelter her under a lawful court order at the hospital. The trial court’s erroneously narrow view of child-protection immunities has already had a chilling effect on child-abuse reporting in Florida and nationwide.

"In addition, the hospital’s good faith participation in Maya’s care and sheltering cannot be the legal cause of Mrs. Kowalski’s suicide, no matter how tragic. The hospital is eager for appellate review of this dangerous trial outcome."

The hospital is asking for the appeals court to overturn those judgments and order a new trial for other claims made by the family. Appeals are typically considered by a three-judge panel. It could take until next year to resolve the case.

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