‘Take Care of Maya’ case: Appeals court reverses $213M verdict

ST. PETERSBURG, Fla. (WFLA) — A Florida appeals court has reversed a $213 million verdict against Johns Hopkins All Children’s Hospital in the case that sparked from the Netflix documentary, “Take Care of Maya.”

Maya Kowalski and her family filed a lawsuit against the hospital in St. Petersburg following the release of the documentary in 2023. In the suit, the family argued the hospital wrongly denied Maya Kowalski’s mother, Beata, from seeing her over child abuse claims that turned out to be false. The family said her daughter’s confinement eventually led Beata Kowalski to commit suicide.

The Florida Second District Court of Appeal struck down the trial court’s verdict Wednesday, finding that the hospital had reasonable cause to suspect child abuse, and was acting in good faith in its participation in child protection activities.

Maya Kowalski was kept at the hospital for three months under a court order that followed an evaluation by a child welfare agency doctor. The then-10-year-old initially showed up at the hospital on Oct. 7, 2016, with complications from complex regional pain syndrome, which was undiagnosed at the time.

Hospital staff were unfamiliar with the disease and contacted child protective services upon suspicion that Maya Kowalski was a victim of Munchausen syndrome by proxy, a mental health disorder where parents sometimes create the appearance of health problems in their children.

Despite the eventual revelations that there was no abuse taking place, the appeals court stated that the trial court misapplied Chapter 39 immunity when it ruled in favor of Maya Kowalski and her family. Chapter 39 immunity shields hospitals from liability for good faith participation in child protection activities.

In its opinion, the appeals court wrote that “[t]he totality of all errors and improprieties, including those not discussed herein, was pervasive enough to raise doubts as to the overall fairness of the trial court proceedings.”

The appeals court also found that a few remaining claims are eligible for retrial.

“This 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,” said Attorney Ethen Shapiro of Hill Ward Henderson, who represents the hospital. “The facts and the law have always prioritized protecting children, the most vulnerable among us.”