Nearly two years after a Florida jury awarded the Kowalski family more than $261 million in the highly publicized “Take Care of Maya” case, an appellate court has reversed the entire verdict — including $208 million in compensatory and punitive damages — ruling that the trial was tainted by emotional testimony and legal errors.
The Second District Court of Appeal in Florida issued its opinion on October 29, clearing the way for a new, limited trial against Johns Hopkins All Children’s Hospital in St. Petersburg.
Court Finds Trial Flawed, Reinforces Immunity for Mandatory Child Abuse Reporters
The appellate panel found that the trial court mishandled key aspects of the case — specifically, by allowing emotionally charged testimony and arguments that blurred legally immune actions with alleged misconduct.
The court’s opinion strengthens Florida’s Chapter 39 immunity, which protects healthcare workers and institutions that report suspected child abuse in good faith.
“This opinion sends a clear and vital message to mandatory reporters in Florida and across the country,” said hospital attorney Ethen Shapiro. “Their duty to report suspicions of child abuse and their good-faith participation in child protection activities remain protected.”
Under Florida law, hospitals, doctors, and individuals are immune from civil or criminal liability when they report suspected abuse, neglect, or abandonment in good faith.
Background: The “Take Care of Maya” Case
The Kowalski family filed their lawsuit in 2018, more than a year after Beata Kowalski, the mother of then 10-year-old Maya Kowalski, took her own life following allegations of child abuse.
The case stemmed from a 2016 hospital visit when Maya was brought to Johns Hopkins All Children’s Hospital with severe abdominal pain — symptoms linked to Complex Regional Pain Syndrome (CRPS), a rare neurological disorder.
Hospital staff grew suspicious of possible medical child abuse, leading to a state investigation and the child’s three-month separation from her family.
The story gained global attention after being featured in the Netflix documentary “Take Care of Maya.”
Original Verdict and Appeal
In November 2023, a six-person jury found in favor of the Kowalskis, awarding them over $261 million in compensatory and punitive damages. The hospital appealed the verdict, arguing that the trial court had misinterpreted Florida’s child-protection immunity laws and allowed evidence that misled the jury.
The appellate court’s new ruling fully reverses the family’s claims for:
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False imprisonment
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Medical negligence
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Fraudulent billing
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Intentional infliction of emotional distress (as to Beata Kowalski)
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$50 million punitive damages
However, the court partially upheld Maya Kowalski’s emotional distress claim, allowing it to proceed to a new, limited trial.
Judge Notes Outrageous Conduct Toward Child
In a concurring opinion, Judge Andrea Teves Smith emphasized that certain alleged behaviors by hospital staff — such as lies, manipulation, and emotional coercion — could still qualify as “outrageous” under the law for Maya’s emotional distress claim.
“The health care providers were in charge of caring for and treating Maya,” Smith wrote. “Instead, they exploited their positions with full knowledge that Maya, a ten-year-old child, would not be able to endure such outrageous conduct and undoubtedly suffer severe emotional distress as a result.”
What Happens Next
The appellate decision sends the case back to the trial court for a limited retrial on Maya’s emotional distress, false imprisonment, and negligence claims.
The Kowalski family’s attorney, Nick Whitney, did not respond to requests for comment.
This ruling marks a significant legal shift — both for the Kowalski family’s long legal battle and for the broader implications regarding child-protection reporting laws in Florida and nationwide.