MIAMI, FLORIDA: Attorneys representing the family of a teenage girl who was allegedly held captive and subjected to abuse in a Florida hospital have filed a lawsuit seeking justice for the traumatized family. The incident, described as a case of abduction, incarceration, and abuse, took place when Maya Kowalski was just 10 years old, according to her family's legal representatives.
Maya, now 17, was placed into state custody for three months after doctors at the Johns Hopkins All Children's Hospital in St Petersburg, Florida, accused her parents of fabricating symptoms of her debilitating condition known as complex regional pain syndrome (CRPS). Her mother, Beata, was wrongly accused of suffering from Munchausen by proxy (MSP), a form of child abuse where a caregiver, often the mother, either fabricates or induces symptoms in a child.
Tragic consequences
Tragically, after being separated from her daughter for over 87 days and facing a court order denying her access to Maya, Beata took her own life, leaving the Kowalski family devastated. In a harrowing new Netflix documentary released on June 19 -- titled 'Take Care of Maya' -- the family detailed the nightmarish ordeal they endured during Maya's hospitalization. In response to the alleged mistreatment, AndersonGlenn LLP, a law firm specializing in corporate and commercial litigation, admiralty, and personal injury law, has filed a lawsuit against the hospital. The trial is scheduled for September, with the Kowalski family seeking $55 million in compensatory damages and $165 million in punitive damages.
Gregory Anderson, the founder of AndersonGlenn LLP, described the events of late 2016 and early 2017 as "horrific" and highlighted the irreparable damage inflicted upon Maya, her father Jack, and her brother Kyle. Anderson told the Daily Mail, "These events amount to an abduction, incarceration, and abuse of a 10-year-old girl. Her parents were irreparably defamed and damaged. Beata took her own life to free her daughter from 'care' by Johns Hopkins. The resulting litigation has been the worst I've seen."
Medical history and misdiagnosis
The ordeal began when Maya, at the age of nine, started experiencing excruciating headaches, asthma attacks, painful lesions on her arms and legs, and cramping sensations in her feet. After local doctors were unable to provide a diagnosis, Maya's parents conducted their own research. Beata, a registered nurse, suspected that her daughter might be suffering from CRPS, a condition that was later confirmed by Dr Anthony Kirkpatrick, a specialist in Tampa.
Maya received anesthetic drug ketamine infusions from Dr Kirkpatrick, who subsequently recommended a more aggressive treatment known as a "ketamine coma." Seeking relief for their daughter's agonizing pain, the Kowalski family traveled to Mexico in 2015 to undergo the experimental procedure, despite the associated risks. Although Maya initially experienced positive results from the treatment, she was later rushed to the Johns Hopkins All Children's Hospital due to severe stomach pain. Informed about Maya's CRPS diagnosis and the need for high doses of ketamine, the hospital staff reportedly alerted child protective services, leading to accusations of child abuse due to MSP.
Allegations against Dr Sally Smith
According to Anderson, one of the most concerning aspects of the case was the exacerbation of Maya's CRPS due to the misdiagnosis of Munchausen by proxy by the hospital. He emphasized that early and proper treatment could have prevented the severe deterioration of Maya's condition and spared the family from the trauma they experienced. Throughout the ordeal, the Kowalski family alleges that Dr Sally Smith, the child abuse pediatrician who investigated Maya's case, came under scrutiny. Despite receiving confirmation of Maya's CRPS diagnosis from Dr Kirkpatrick, Smith allegedly disregarded his warnings and continued to believe that Maya was fabricating her symptoms. Beata, separated from her daughter during this time, was diagnosed with a depressive mood and adjustment disorder.
Smith, who retired in July, expressed her frustration with the negative portrayal she has received, stating: "I wish our society did more to help struggling families to provide safe, nurturing homes to their children. I'm not a big proponent of punitive approaches for such families, contrary to media portrayals about me." In December 2021, Smith and the Suncoast Center settled their portion of the lawsuit with the Kowalski family. Anderson holds Johns Hopkins All Children's Hospital liable for Smith's actions as she operated as part of the hospital's child abuse department. He disclosed that Smith settled her personal case, although the details remained confidential.
Trial ahead
The upcoming trial on September 11 will feature Johns Hopkins All Children's Hospital and staff member Cathy Bedy as defendants. The Kowalski family hopes that this trial will provide them with an opportunity for justice and shed light on the alleged mistreatment they endured. Anderson expressed gratitude for the Netflix documentary, which has played a crucial role in raising awareness about their situation.
When contacted for comment, Danielle Caci, a spokesperson for Johns Hopkins All Children's Hospital, stated that the hospital is "extremely limited in the amount of information we can release" due to federal privacy laws. Caci reiterated their commitment to patient safety and privacy, noting that the Department of Children and Families (DCF) is responsible for investigating situations involving possible abuse or neglect.
Where is Maya Kowalski?
Maya currently resides in Venice, Florida, together with her father and brother. As the trial approaches, the Kowalski family continues to grapple with the profound impact of the events that unfolded during her hospitalization. Maya's CRPS condition is expected to worsen in the years to come, while Jack, Kyle, and Maya herself will endure the lasting consequences of the alleged mistreatment by Johns Hopkins All Children's Hospital.
'Take Care Of Maya' is available to stream on Netflix.
