FL: Verdict in Maya Kowalski Case Overturned

Maya Kowalski suffered from Complex Regional Pain Syndrome, a rare condition that causes severe pain. She was hospitalized in Florida, where her previous treatments with high doses of ketamine and frequent complaints of pain caused hospital officials to report suspected child abuse. Eventually, Maya’s mother was not able to visit or even speak to her daughter; the mother committed suicide. The incidents, chronicled in a Netflix series “Take Care of Maya,” led the family to file suit against the hospital for multiple causes of action, including battery, false imprisonment, IIED, medical malpractice, wrongful death, and fraudulent billing. In 2023, a jury found for the family on all counts and awarded over $250M in compensatory and punitive damages. The award was reduced to $213M.

Last week, an intermediate appellate court vacated the judgment on the ground that the trial judge misinterpreted the law. In essence, the hospital was immune from some of the claims pursuant to Florida’s mandatory reporting statute. The court allowed a retrial on the battery, false imprisonment, IIED, and medical malpractice claims. CourtTV has the story.