Law&Crime Sidebar - ’Take Care of Maya’ Family Fights Johns Hopkins Over Alleged Child Abuse and Mother’s Death

Episode Date: September 27, 2023

A unique courtroom face-off is unraveling in Florida between a family and Johns Hopkins All Children's Hospital over claims of child abuse, accusations of a fake illness, and a loved one's death. The trial involves Maya Kowalski and her family — who were the center of the popular “Take Care of Maya” documentary on Netflix. The Law&Crime Network’s Jesse Weber breaks down both sides of the story.Hosts:Jesse Weber: https://twitter.com/jessecordweberAngenette Levy: https://twitter.com/Angenette5LAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokePodcasting - Sam GoldbergVideo Editing - Michael DeiningerScript Writing - Savannah WilliamsonGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge all episodes of this Law and Crimes series ad-free right now. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. Maya was always deterred to get better. She was a little feisty fighter. She was not going to let this break her, and she wasn't going to let a wheelchair limit her. She was always a fighter. So, yeah, she was going to fight. She likes her mom in that way?

Yes. She knows a lot like her mom in that way. It's a unique face-off between a Florida family and a children's hospital involving claims of child abuse, accusations of faking an illness, and eventually the death of a loved one. Welcome to Sidebar, presented by Law and Crime. I'm Jesse Weber. So you may have seen this documentary called Take Care of Maya on Netflix. this past summer, but now the story is playing out in civil court as the Kowalski family

sues John Hopkins All Children's Hospital out of St. Petersburg, Florida for millions of dollars. I tell you right now, this is a complicated case, but we're going to try our best to simplify it all for you. It deals with multiple doctors and multiple medical events over several years, and we do want to warn you that this is a story that contains allegations of child abuse and neglect, as well as that of suicide. So we're going to be breaking down everything we know so far in this case as the trial gets underway in Sarasota County, Florida. And the best place to start is with the players in this case.

At the center is the Kowalski family, Jack Kowalski, the dad, filed this lawsuit against the hospital on behalf of his two children, Maya and Kyle, and is the personal representative of the estate of his late wife, Bata Kowalski. Let's go back to 2015. when Maya Kowalski was just nine years old and her health began to deteriorate significantly. She was diagnosed with CRPS. It's known as complex regional pain syndrome. But what is that? Well, CRPS is a neurological condition in which a person's body misinterprets even light touches as excruciating pain. This can cause stiffness, spasms, limited mobility. In the family's lawsuit, they use the words like burning, bone crushing, shooting.

stabbing, all to describe what this sensation feels like. The family's doctor treated Maya with ketamine, which it's our understanding, can block someone's pain receptors. It can try to normalize the body in a way. It revises that sensation process. Now, it's not a miracle cure. There can still be flare-ups. And according to the Kowalskies, that is what happened in 2016.

Maya had a flare-up, and it was so bad that Jack and Biata checked their daughter into Johns Hopkins All-Childrens Hospital. So Biata tells the hospital treat Maya with ketamine, right? It had worked for in the past. But according to the lawsuit, the hospital staff refused to follow the family's instructions or the guidance of the family's medical specialists. Family says the hospital, they lacked experience with CRPS. And the family claims that the hospital staff were in fact suspicious of Maya's family

because the ketamine treatment to them seems so extreme. In fact, the lawsuit claims that the hospital suspected Maya might be. be a victim of child abuse, and that this was a case of Munchausen syndrome by proxy. Now, for those of you who followed the Gypsy Rose Blanchard story here on Long Crime, you know what that is, basically saying that Vyatta was suffering from a condition in which she was faking or causing her daughter's illness. It's a form of child abuse. According to the complaint, a hospital social worker contacted the Florida Department of Children

and families to report Vyatta and refused to let Maya go. Maya was actually taken into state custody and remained in the hospital. She didn't see her family for three months. Maya herself told People magazine that she was, quote, medically kidnapped. So this separation took a massive toll on Maya's family. The complaint reads, the resulting prolonged separation from their suffering daughter manifested in Biada's depression, fatigue, and overwhelming sense of hopelessness.

And sadly, in January of 2017, the Ata died by suicide. And after that, six days later, Maya was finally released back to her family. Now, the lawsuit against the hospital is based on multiple claims. Also imprisonment, negligent infliction of emotional distress, medical negligence, battery. And it's reported that the family is seeking over $200 million in damages. originally the lawsuit was against the social worker as well katherine betty but just as the trial was getting underway the family decided to drop betty from the lawsuit so instead it's just the hospital they're going after and what this trial is about is to figure out if this whole series of events

could have been prevented and whether the hospital contributed to be out of suicide so let's dive into the trial itself opening statements that's how we begin every one of our cases opening statements happened in this case on thursday september 21st out in sarasota county florida the attorney for the plaintiffs, Gregory Anderson, went first. We will prove that they misdiagnosed Maya's symptoms from October 7th through the end of the year, wrongfully accusing Bia and Jack Kowalski of child abuse, and alleging and attempting to show that Maya had a mental disorder. And she was crazy.

She was making it up. Now, it's also been alleged that when Maya was in the hospital, she claims that doctors and nurses often padded parts of her body to try to show that she didn't have isolated pain from CRPS. The allegation was that hospital staff was trying to prove that Maya was faking it. Maya Kowalski was falsely in prisons and battered. She was denied communication with her family. She was denied communication with the outside.

She was told that her mother was crazy. She was told by social workers that one in particular she would be her mother. She was put into a room and left for 42 hours with the commode just out of reach because the hospital wanted to prove that she could actually get up and walk. Anderson also went over the reasons that the Kowalski's filed this lawsuit and why the family is seeking damages in the millions. Intentional infliction of emotional distress is where you do things so outrageous that they cause damage and injury to a person. In this case, a suicide. In this case, traumatic disorders, depression, a multitude of emotional problems and issues.

we've alleged fraud in that they intentionally deceived or attempted to deceive in the proof of the matter we also alleged fraud in that they billed $536,000 for the treatment of CRPS and yet never treated her for CRPS and took multiple positions especially to them especially to Maya that she did not have CRPS. Yet they bill over half a million dollars to the healthcare provider and Kowalski's for the treatment of it. So that's one side of the story. Let's go to the other one. Howard Hunter is representing the defendant in this case, John Hopkins All Children's Hospital, and he rebutted some of what Anderson had to say in his opening statement. Now, as of October 7th, We had the Kowalski's seeking out care at all children's, as I've said.

We believe the evidence is going to show you that care was reasonable and necessary and appropriate. And indeed, we're going to suggest to you that the evidence I'm about discussed with you will show that what went before, the treatment that went before did not necessarily fall into that category. any of those three categories. And that is the reason, one of the big reasons, that we're here today. Now, as of this date, as of the time that Maya Kowalski was discharged from all children, we believe that in fact she had been set on a path of therapy that has enabled her to resume function, to get out of a wheelchair,

to be relatively pain free, and to be in a situation of participating in her school and in society, as she does today. So how did we get there? Well, on October 7th, Maya Kowalski was brought to the emergency room at all children. As you heard, she had bad stomach pain. She was screaming, crying,

crying, thrashing around, cursing at staff, very upset and presenting a very challenging situation for the staff. She had pain in all her extremities. She had her whole bodies being said to be hypersensitive to any kind of touch. She was unable to walk. She had legs atrophied from disuse, from being in a wheelchair for months at that point, or maybe over a year. She had dystonia, alleged dystonia, a different position of her feet, as you've heard. And she was demanding pain medication, pain medication, in large quantities.

We suggest you the evidence will show that she was being harmed by these large doses of medication. The evidence will show you that the doctor's concern about how much she was being given and the frequency with which she was being given it was very well placed and is vindicated by what happened later. Hunter also addressed some of the suspicions about abuse that I mentioned, namely that Maya's own mother might be making upper daughter's condition or at the very least making it worse. There was a suspicion of Munchausen by proxy. It wasn't just all children's suspicion. there was a concern that part of this child's condition was being fostered or encouraged by the mother. There was a concern that the mother was seeking out

care that was too aggressive, that was dangerous, and would persist in doing so if she were permitted to do so. that's what got this ball rolling. And Hunter pointed out that under the law, the hospital didn't actually have to be right about the diagnosis. The evidence will ultimately show that these doctors and these nurses and this hospital stay out,

acted reasonably and prudently to treat a difficult and challenging case they were presented with And they did it consistently over three months. They don't have to be right under the law. All they have to be is reasonable. We will suggest that the evidence will show that first they probably were right. But even if they weren't, they were more than reasonable. So yeah, is what they did reasonable? That becomes a central question in these kinds of lawsuits.

911 phone call that Jack Gowalski, Maya's father, Yada's widower, made when he found his wife's body, was played for the court. I tell you this right now, this is very tough to listen to. What city are you in? Venice. The closest road is we rode in Venice. Is there a name to the neighborhood? What's the phone number that you're calling from? I'll give you my cell.

Tell me exactly what happened. She hung herself in the garage. No. Stay on the line. Are you with her now? Well, I'm in, yeah, I'm in the garage. How old is she? 42.

Is she awake? Is she awake? I just have to verify. She's stiff. She's stiff. She's stiff. Oh my God. No, Kyle, you can't go in here.

Okay. Tell me why she looks like she's dead. No, I'm a retired deputy fire chief. I know she is. Do you think she's beyond any help? Beyond. Yes, Righamore, I'm sure she's really... Okay.

I'm sending the... I'm sending someone to assist you. Please leave everything as you found it. Is there anything we can do for you? Okay. Just please get somebody here. They're on their way. I'm going to get my...

I'm going to bring my son to my neighbor, sir. Call my neighbor. Okay. Can you tell me the address there one more time to... Okay, they're on their way. Thank you. You're welcome. Bye-bye.

Well, one of the first witnesses called for the plaintiff's side was Robert Rines. He's Jack Gowalski's brother, Maya's uncle. And he was able to give the jury an idea of how the family reacted when Maya was taken into state custody at all children's. How did you first learn that she wasn't going to be coming home soon? Jack and I talked every day. And he called me and told me, he says, they took Maya. And that's what do you mean? They took Maya. And he says, they took custody of Maya. They took her away from us.

Me, like him and everybody else, like Maya, like Bia, like Biana, everybody was in shock, not understanding what just happened. How would you describe your brother's reaction, knowing that she couldn't come home? Fear, which is something I've never seen on Jack's face before. I've seen him do stuff on the fire department that most people in this world would never try dangling off of water towers and stuff. And I've never seen fear on his face. But it was, it was just, he was scared.

the first time I saw my brother really truly scared. Same question. What about Viata? How'd she react? Angry. Jack and I, Jack and Vyada were a little different in that respect where Beata was, like I said, she would tell you how she feels and Jack was kind of the opposite. of that where he, I mean, he would tell you how he feels, but just a different reaction where Piotta was mad and scared and, you know, but definitely angry.

What about your nephew, Kyle? He was just a little boy. He was devastated, you know. his sister and they were close they you know a lot of little kids don't don't play together they they were in that pool all the time they did everything together and so you know they eight years old i think he was at the time he lost his best friend yeah and let's actually talk about Kyle Maya's brother so Kyle he's now a teenager in 2023 he took the stamp and he testified about Maya's condition after a trip to Mexico where she received her ketamine treatment.

Yeah, so after Maya got back from Mexico, she regained a lot of her strength and also along with that her happiness. And she was able to do stuff she was never able to do before. For example, Maya, like, just even, like, unscruing a water bottle cap would be very difficult for her. And then after a trip from Mexico, she regained strength back from all over her body

and she was able to do stuff that she hasn't been able to do since she was sick. Now, of course, Kyle was young when Maya went to all children's, but he testified that having Maya taken away had such a huge impact on their home life. And so your dad left to take her up there to where? I believe it was John Hawkins. And was that the last time you had your sister home until into January of time? 2017? Yes. And was that the last time home with your entire family, your mom, and your sister, and you and your dad?

Yes. So if the record reflects that she went into Johns Hopkins on October 7th, 2016, and October 6th, 2016 would be your last day with the whole family at your home? Yes, that's correct. During this period of time, she was up staying at John's Hopkins. Is that right? Yes. And do you know were your parents trying to get her out of there?

Out of John Hopkins while she was taken for the three half months? Yes, my mom and dad were researching every night and trying to find a way to get her out of there. Okay. And was it hard on them? Extremely hard. hard. What do you notice from, I know you were just a kind of little kid, but what did you notice about it? The stress that was added on my parents, that, like, it was unmanageable. They were trying every way to get my out of there, and they were determined it wouldn't stop until she

got out of there. What about their relationship as time went on from, I know you were just a little boy, but did you notice any stress? Yes, the stress. and the family caused a more arrethiness than normal between them. And then in January of 2017, after being kept away from her daughter for 87 days, Biotta Kowalski hung herself. She left behind a note saying she could no longer take the pain of being separated from Maya that she couldn't stand being treated like a criminal. As I mentioned, days after, Maya was returned to the custody of her family.

Kyle talked about seeing Maya in the hospital. what's happened since her release. What was the first time you remember being able to go see your sister? I do not remember the exact date, but I do kind of remember the day. Okay. And tell me about that. Yes, so I was extremely excited to see Maya

because it's the first time I've seen her since she was taken. Right. And then how was she in the hospital besides being excited to see you, but how did she look physically? She was not doing good. No? No.

So after she got out of Johns Hopkins, within a couple years, she had yet another relapse? Yes. All right. And so how is she doing now? She's doing good. I mean, that's today, though. Like tomorrow could be completely different.

Her pain varies on a day-to-day basis. Okay. Are there days when she does not want to do anything? Yes. Okay. Have you noticed that she has any physical reactions, any tics, any issues with her legs, anything like that? Yes, there is still times where I do notice that. Okay.

Anything new that you've noticed? Not recently, no. Okay. And so she's able to get around real well now. Correct, yes. Are there days when she'll just lay in bed all day and not want to do anything? Yes. Another day she wants to go to the beach and go out and have fun, right?

does she ever know from day to day what it's going to be it's completely unpredictable it wasn't just family that plaintiff's legal team called to the stand another piece of testimony came from a woman named jackie deeter this is maya koalski's elementary school teacher she had the opportunity to visit mya a few times at the hospital and she testified that she seemed to be getting worse there she was um well she was happy to see me that's for sure um um um just because it was a familiar face. I didn't think she would be there long because it didn't seem like she had been as bad

as I'd seen her at her house. But then she got progressively sad because then dad wasn't coming. It was just me. And then even when Jack was able to come, she really missed her mom. But academically, she was doing fantastic. She loved school.

But pretty quickly, she wasn't as comfortable getting out of her bed and going around the hospital or going to the craft room or some of the things that we had done previously when I first started seeing her because she's a girly girl and she loves crafts and she had crafts all over her room and so I know she loved the craft room. and there was a piano in there and she loved to play the piano but I guess I might have seen her for about

what was that maybe 10 weeks about three months maybe and about halfway through she really didn't go to the craft room much anymore after that was that because she was in more pain or doing worse or what was the reason she was in more pain

and she just laid in her bed a lot at that time instead of even sitting up or just her disposition where I would get in there or her position of her body towards the end she was just laying down in her bed. Dieter testified that the hospital staff seemed indifferent, sometimes cold, very disconnected, very impersonal. Now on Tuesday, before the jury came into the courtroom, Maya Kowalski herself was called to the stand to answer questions about a letter that she wrote to her family while she was in the hospital. See, her attorneys wanted to bring that letter in as evidence.

Was there a period of time between October 7th, 2016, and January 14th, 2017, when you were kept at Johns Hopkins All Children's Hospital? Yes. During the course of that, did you, from time to time, write letters to your mother, your father, or your brother? Yes. Let me show you, if I may approach, Your Honor? What's been marked for identification trial, Exhibit 2375, and ask you to identify whether you are the author of that?

Yes, I wrote the note. And that is your handwriting? Yes. And so, although I don't see that it's dated, is it in any place? It's not. But do you recall that whether this was written during the course of your stay at Johns Hopkins?

It was written when I was saying. And can you see that phone? What is written there, the descriptions? Yes. Well, at the time, I desperately missed my family. I wasn't allowed to really have any contact with them. So in this document, I'm expressing how much I missed them. I was extremely depressed. And in the little, as far as physical-wise, how I was doing,

if you look, there's a heart, and in the heart is pictured my mom on the very far right. and my brother, me in the wheelchair, and then on the very far left would be my dad. So it's showing that I'm still sick. Were you attempting at this point to address your health while in there? Yes, but I couldn't explicitly state it. Because what? I couldn't explicitly state it because they wouldn't have sent the document. Was that your intent, however?

Yes. And did you state in there the status of your pain? I think it's in the top. It's mine. Can I see that up here? Or the judge got that shut down? I gave away all my copies. You can put it back on the screen.

When you say not doing the best, but I'm hanging in there, what were you addressing? I was trying to express that physically I wasn't doing very well. I was in a lot of pain with my CRPS. On top of that, I wasn't doing well mentally because, I mean, I was a kid and I was taken away from my family, so you could only imagine. Just a couple quick questions. Do you know the date that this was sent? I do not. I'm sorry.

And if I understand what you were telling the court, the purpose of this letter was to communicate with your mom, dad, and your brother? Correct. Okay. Yeah, according to Maya, apparently the letter featured a drawing of a heart stick figures inside. and that was meant to represent the family. While this is all incredibly tragic and sad to hear, I do have to tell you that for now, we're just hearing mainly the plaintiff's side of the case.

The defense will have a chance to tell its side of the story later on in the trial. To give you an idea of that, in a statement to law and crime, a spokesperson for the hospital says, quote, our priority at Johns Hopkins All Children's Hospital is always the safety and privacy of our patients and their families, and we are vigorously defending against the false allegations made in the suit. Our first responsibility is always to the child brought to us for care

and we stand behind our staff's compassionate care. This civil case involves hundreds of medical documents, dozens of witnesses, mountains of video and photographic evidence of Maya through the years. This trial is expected to last around two months and we will keep you updated on some of the biggest moments. That's all we have for you here on Cybar, everybody. Thank you so much for joining us. Please subscribe on Apple Podcasts, Spotify, YouTube, wherever you get your podcasts.

I'm Jesse Weber. I'll speak to you next time.