SARASOTA COUNTY, Fla — Just days after objecting to a million-dollar-payout in the case at the center of the Netflix documentary "Take Care of Maya," Johns Hopkins All Children's Hospital is requesting an entirely new trial.
Earlier this month, the hospital was found liable for extensive damages in the medical malpractice lawsuit and ordered to pay the family of Maya Kowalski $212 million plus $50 million in punitive damages.
Attorneys for the hospital have already argued that the jury was misled and, in turn, awarded the family too much money. Now, they've filed a motion for a new trial based on claims of juror misconduct.
In the document, attorneys for the hospital detail how juror No. 1, the foreperson on the jury, allegedly broke multiple rules by discussing the case with other people and researching the case on his own.
Most of the claims in the motion relate to the behavior of juror No. 1's wife.
According to the hospital's attorneys, the juror's wife attended the trial in person and consistently engaged in public commentary about the case on social media.
The documents say under the username @Hippolover, she posted at least 81 comments, most of which showed bias in favor of the Kowalski family, to several different YouTube channels that were streaming the trial.
"In addition, she shared information about the case that could only have been obtained through direct communications with Juror #1," the motion reads.
Attorneys also detailed what they described as an "unsettling" and "alarming" relationship between juror No. 1's wife and a woman named Jules, who advocated for the Kowalski family on social media.
"The fact that the jury foreman’s wife – with whom he resided during the course of the nine-week trial – engaged in friendly discussions while in close proximity to Plaintiffs’ advocate, Jules, contributes to Defendant’s reasonable belief that it has been denied its right to a fair trial," the motion says.
Other causes for concern outlined in the motion surround juror No. 1's behavior on social media.
The hospital's attorneys said the juror frequently posted in a "Take Care of Maya" Facebook group, exchanging information he had researched outside of the courtroom.
In one instance, the juror reportedly told the group he was "in trouble once again," indicating he was aware that there was a motion to dismiss him from the jury that was later denied — information he would not have been privy to without discussing the case with outsiders.
"Juror #1 continued to post in this Plaintiffs-favored Facebook group, which hailed him as a hero for being responsible for the verdict against the Defendant hospital. While Juror #1 made sure to repeatedly express that it was not solely his decision, he seemed to enjoy his newfound notoriety..." the document reads.
Juror No. 1 deleted several of these posts, which attorneys say indicate he was aware his actions were inappropriate. The motion also mentions that juror No. 1 asked questions during the trial that demonstrated he conducted outside research.
You can read more about the jury's verdict and the claims the Kowalski family made against the hospital here.