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Hospital argues new trial needed in Maya Kowalski case

  • Jury found in favor of Maya Kowalski in suit against Florida hospital
  • Lawyers for the hospital are now claiming potential jury misconduct
  • Kowalski family attorney says it's "inappropriate" to go after juror

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(NewsNation) — Two weeks after a jury awarded Maya Kowalski and her family $261 million in damages against Johns Hopkins All Children’s Hospital in Florida, attorneys for the facility filed a motion for a new trial, claiming there was potential jury misconduct, multiple local media outlets are reporting.

A document filed by attorneys for Johns Hopkins All Children’s Hospital last Wednesday alleges that a juror gave information about the trial to his wife, who shared it on social media, according to the Tampa Bay Times. The motion says the juror’s wife posted her opinions on live YouTube feeds of the trial and in a Facebook chat group that supported the Kowalski family.


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The hospital’s attorneys say that the juror’s wife attended at least one day of the trial, meaning she could have heard attorney discussions with the judge made outside of the jury’s presence, The Tampa Bay Times wrote. She also met with a social media influencer connected to the Kowalski family, the motion stated, and posted on social media about questions her husband intended to ask witnesses.

Hospital attorneys now want to interview the couple and asked for a court order requiring they preserve text messages, social media activity and other electronic evidence of communications about the trial, the Sarasota Herald-Tribune wrote.

Kowalski family attorney Greg Anderson said in the Herald-Tribune that it’s inappropriate for the defense to go after a juror, calling it “insulting.”

“You don’t criticize the jury. You uphold the integrity of the legal system, because if you don’t, nobody’s going to believe it,” Anderson said to the newspaper.

Anderson said the juror’s wife has a First Amendment right to express her opinions and that doing so doesn’t mean she discussed them with her husband.

The Kowalskis’ story, first reported by The Cut, was later the subject of a Netflix documentary called “Take Care of Maya.”

Kowalski, now 17, suffers from complex regional pain syndrome. She was ten years old when she was taken to Johns Hopkins in St. Petersburg. After being evaluated by a child welfare agency doctor, Kowalski was made to stay in the hospital for three months under an order from the court.

Her family said in their complaint Kowalski was falsely imprisoned, isolated at the hospital, touched without her consent and had worsening symptoms. The Kowalski family said Johns Hopkins restricted them from visiting Maya during this time.

“The hospital, although they had the ability to report child abuse, once Maya was in their custody, they failed to protect her from inside abusers, and there were social workers in particular that took advantage of Maya’s vulnerability,” the Kowalskis attorney Nick Whitney said. “They decided that her disease was a charade. They told her that her mother had a mental illness, they interfered with phone calls, they did everything they could to victimize this girl inside of the hospital over those three months.”

After being away from her daughter for 87 days, Beata Kowalski died by suicide. The family then sued Johns Hopkins All Children’s Hospital, saying their actions were responsible for Beata Kowalski’s death. A jury found in favor of Maya Kowalski, awarding her family $261 million.

“It feels really nice to finally have an answer to this court case,” Maya Kowalski said in a previous interview on NewsNation’s “CUOMO.” “No amount of money will ever replace my mom, so honestly, we were just happy to get a ‘yes.’ We were happy to have our prayers answered.”

Attorney Howard Hunter, who represented Johns Hopkins All Children’s Hospital in this case, issued a statement to NewsNation saying evidence “clearly showed” his client followed Florida’s mandatory reporting law in reporting suspected child abuse and fully complied with the Department of Children and Families (DCF) and court orders.

Now, Kowalski is again suing the hospital, saying she was sexually abused while being kept there.

When it comes to the sexual abuse allegations, an attorney for Johns Hopkins told Fox News the hospital immediately initiated an internal investigation and contacted law enforcement once it became aware of them.

If you or someone you know needs help, please call the National Sexual Assault Hotline at 1-800-656-4673.

NewsNation digital producer Tyler Wornell contributed to this article.

Southeast

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