SARASOTA COUNTY, Fla. — Jury selection is underway in the case of a Venice family suing Johns Hopkins All Children's Hospital for hundreds of millions for alleged malpractice. The story of Maya Kowalski and her family is the subject of the Netflix documentary, "Take Care of Maya."
The documentary, released back in June, details the family's harrowing experience and the tragedy that followed after Maya was taken away from her family amidst accusations of child abuse and Munchausen syndrome by proxy.
The details covered in the widely-circulated documentary make this jury selection unique. Rather than a courtroom full of prospective jurors, a more private selection process is underway in an effort to keep jury tainting to a minimum.
10 Tampa Bay was in the room when Maya, her brother Kyle and her father Jack, entered the small room with the family's lawyers. The family and attorneys then sat down at a small round table. The judge was at the head of the table while Johns Hopkins' lawyers were on the other side. An empty chair — ready for a jury candidate — sat at the opposite end of the table.
The Kowalski family's story began in October 2016. Maya's parents, Jack and Beata, drove from their home in Venice to the emergency room after their 10-year-old daughter was experiencing excruciating pain. They said the pain was from debilitating Complex Regional Pain Syndrome which Maya was receiving doses of ketamine as part of her medical treatment as recommended by specialists.
However, according to the family's lawsuit, hospital staff accused Beata Kowalski of child abuse and Munchausen syndrome by proxy. They said she had made the child's illness up and was overtreating her and shopping for doctors.
The allegations were levied and court orders sought, despite support from various medical reports about Maya's diagnosis, physician-recommended treatments and referrals, the lawsuit stated.
Maya, now 17, was separated from her family for three months. It was during this time her mother took her own life, leaving behind notes — including ones for the judge and hospital staff — that expressed her despair and frustration.
In December 2021, Dr. Sallie Smith, who escalated into an investigation of the report that triggered the family's ordeal, reached a $2.5 million settlement with the family. Smith was the former director of Pinellas County Department of Children and Family but was working with the group Suncoast Advocacy Services at the time.
Johns Hopkins All Children's Hospital provided the following statement following the start of jury selection:
"Our priority at Johns Hopkins All Children's Hospital is always the safety and privacy of our patients and their families. Therefore, we follow strict federal privacy laws that limit the amount of information we can release regarding any particular case. Our first responsibility is always to the child brought to us for care.
"Our staff are required by law to notify Florida’s Department of Children and Families (DCF) if they suspect abuse or neglect. It is DCF and a judge – not Johns Hopkins All Children’s Hospital – that investigates the situation and makes the ultimate decision about what course of action is in the best interest of the child. We are determined to prevent any chilling effect on the obligation to report suspected child abuse in order to protect the most vulnerable among us."
Jury selection for the malpractice lawsuit is expected to last for a couple of weeks. Maya Kowalski and her family are suing the hospital for $220 million, divided into $55 million in compensatory and $165 million in punitive damages.
10 Tampa Bay's Adaure Achumba contributed to this report.