TAMPA, Fla. — The future of a multimillion-dollar lawsuit against Johns Hopkins All Children’s Hospital hinges on whether the institution can be held accountable for the suicide of Beata Kowalski, who died three months after her daughter was placed under the hospital’s care. Legal representatives for the hospital sought to overturn a previous verdict at a hearing in the Florida Second District Court of Appeal on Wednesday.
In 2017, Kowalski took her own life following the contentious medical care of her daughter, Maya, at the St. Petersburg hospital. Maya, a 10-year-old from Venice, had been diagnosed with complex regional pain syndrome and was being treated with high doses of ketamine, which led doctors to suspect medical child abuse. Following these suspicions, they placed Maya in state custody within the hospital premises, leading to Beata Kowalski’s profound distress and eventual suicide.
The jury previously ruled that the hospital’s actions amounted to false imprisonment and battery, implicating them in the contributory factors to Kowalski’s suicide, awarding the family $208 million in damages. However, All Children’s attorney, Derek Stikeleather, contended that the hospital was not liable for Kowalski’s suicide, asserting that it had no direct duty of care toward her. Moreover, he argued against the $5 million awarded for fraudulent insurance billing and claimed the hospital was immune under laws protecting entities acting on behalf of child welfare.
The appellate court heard arguments that challenged the breadth of immunity under state law, particularly whether it extends to actions that could harm individuals, like the intentional infliction of emotional distress. Questions around the circumstances that prevented the Kowalski family from removing Maya from the hospital premises were also raised.
The family’s attorney, Michael Tanner, argued that the damages were justified, highlighting that the hospital staff, not state social workers, carried out the actions that led to the lawsuit. Tanner emphasized the significant emotional and psychological toll on Maya, who now suffers from post-traumatic stress disorder and chronic major depressive disorder.
The case has garnered widespread attention, partly fueled by a Netflix documentary, “Take Care of Maya,” which broadcast the contentious medical and legal battles faced by the Kowalski family. With the damages awarded amounting to nearly a third of the hospital’s reported $702 million revenue in 2022, the stakes are high. Additionally, the hospital faces an accruing interest of about $55,000 a day if the appeal fails.
If the appellate judges uphold the original verdict, it could set a precedent on the extent of hospital liability in cases where medical actions have profound psychological impacts on family members of patients. The court’s decision is anticipated in the forthcoming months, which will determine not only the financial future of Johns Hopkins All Children’s Hospital but also contribute to widening or limiting the scope of healthcare providers’ responsibilities beyond direct patient care.
Disclaimer: This article was generated by Open AI. Accuracy of the facts, individuals, or events described may not have been verified, and inaccuracies may exist. To request removal, retraction, or correction, please reach out to contact@publiclawlibrary.org.