Kowalski et al v JHACH

In Oct. of 2016 Maya Kowalski, a ten year-old child, is admitted to Johns Hopkins All Children’s Hospital (JHACH) in St. Petersburg, Florida for chronic pain. Her mother, Beata Kowalski, requests ketamine, a powerful pain medication for her daughter. The hospital refuses that treatment, instead suspecting Beata Kowalski of child abuse, and alerts Child Protective Services. Beata Kowalski, mother of Maya, committed suicide several months after the State took custody of Maya while she was a patient at JHACH. Maya, her father Jack Kowalski and her brother Kyle Kowalski, and the estate of Beata Kowalski, seek damages from JHACH for false imprisonment, battery and medical negligence in the treatment of Maya.

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Case Details

Case #: 2018 CA 005321 NC

Victim(s):

1. Maya Kowalski

2. Beata Kowalski (committed suicide 1/8/2017)

3. Jack Kowalski

4. Kyle Kowalski

Claim(s):

1. False Imprisonment

a. 10/7/16 - 10/13/16 (Maya Kowalski)

b. 10/18/16 - 10/20/16 (Maya Kowalski)

c. 1/6/17 (Maya Kowalski)

2. Battery

a. 1/6/17 (Maya Kowalski)

b. Hugs, pats, kisses and placing on lap (Maya Kowalski)

3. Medical Negligence (Maya Kowalski)

4. Fraudulent Billing for Mr. Kowalski

5. Survivor Claim for Intentional Infliction of Emotional Distress (Beata Kowalski Estate)

6.Wrongful Death Claim for Intentional Infliction of Emotional Distress Causing Death (Beata Kowalski Estate)

7. Intentional Infliction of Emotional Distress (Maya Kowalski)

Where:

Sarasota County

Venice, FL

Verdict:

1. Johns Hopkins All Children's Hospital found liable for all claims

Judgement:

1. $211,451,174.00 Compensatory Damages

2. $50M Punitive damages

Notes:

JHACH has an ongoing appeal of the verdict & judgement.