A Florida appeals court today struck down the $200 million verdict against John\u2019s Hopkins All Children\u2019s Hospital in the Maya Kowalski negligence lawsuit, a case that had gained worldwide attention and was the subject of a Netflix documentary.<\/p>\n
\u201cThe trial court\u2019s erroneous interpretation and application of section 39.203(1)(a), Florida Statutes (2016), and the immunity afforded thereunder, as well as the trial court\u2019s erroneous denial of JHACH\u2019s motions for directed verdicts and JHACH\u2019s motion for a new trial require reversal of the final judgment,\u201d Florida\u2019s 2nd District Court of Appeals wrote in the Oct. 29 opinion<\/a>.<\/p>\n A Sarasota County in 2023 jury found in favor of the Kowalski family<\/a> and ordered the hospital to pay $211 million in compensatory damages and $50 million in punitive damages after Maya\u2019s mom died by suicide in 2017. The trial judge later reduced the total amount of damages to $213 million.<\/p>\n The trial and verdict raised difficult questions about health care providers\u2019 role when child abuse is suspected \u2013 and about a hospital\u2019s liability and medical malpractice coverage in situations involving chronic pain and parents\u2019 rights.<\/p>\n Maya, age 10 at the time, was brought to All Children\u2019s Hospital in St. Petersburg in 2016 with what was described as extreme pain and complex regional pain syndrome. Her mom, Beata Kowalski, a registered nurse, urged doctors to provide doses of ketamine, an anesthetic shown to cause hallucinations in some cases, according to news reports<\/a> and court documents.<\/p>\n But the 2nd District appellate judges said the trial court made multiple errors in the trial, including allowing a too-narrow interpretation of Florida\u2019s immunity statutes for those who report suspected abuse.<\/p>\n \u201cThe final judgment in favor of the Kowalskis is reversed,\u201d the court wrote. \u201cOn remand, only the IIED (intentional infliction of emotional distress) claim brought on behalf of Maya and the remaining false imprisonment, battery, and medical negligence claims may be retried.\u201d<\/p>\n The trial court should have overridden the jury and provided a directed verdict, the appeals court said. The father, Jack Kowalski, presented no evidence of injury from alleged fraudulent billing, as claimed, the judges noted.<\/p>\n An attorney for the hospital called the reversal \u201cresounding,\u201d and criticized the Netflix show.<\/p>\n \u201cThis opinion sends a clear and vital message to mandatory reporters in Florida and across the country that their duty to report suspicions of child abuse and, critically, their good faith participation in child protection activities remain protected,\u201d Ethen Shapiro, of the Hill Ward Henderson law firm, said in a statement Wednesday.<\/p>\n He added: \u201cThe facts and the law have always prioritized protecting children, the most vulnerable among us. We look forward to vigorously defending our doctors, nurses, and staff in a fair trial on the few remaining claims after rigorous and proper application of immunity. We thank the judges for their time and attention to this matter, and we appreciate that they understood what many did not: that a one-sided movie is no substitute for a fair judicial process.\u201d<\/p>\n The opinion can be seen here<\/a>.<\/p>\n Photo: The entrance to All Children\u2019s Hospital in St. Petersburg. (AP Photo\/Tamara Lush)<\/p>\n