Appeals filed in 'Take Care of Maya' case

VENICE — The verdict in Kowalski v. Johns Hopkins All Children's Hospital is officially on appeal — by both sides.

The Second District Court of Appeal will decide the appeals after briefing and oral argument in the coming months.

A Sarasota County jury awarded Maya Kowalski, her father, Jack Kowalski, and her brother, Kyle Kowalski, compensatory and punitive damages totaling about $261 million in November after a two-month-long trial.

JHACH was found liable on claims of false imprisonment, battery, intentional infliction of emotional distress, medical malpractice and billing fraud arising out of the hospitalization of Maya Kowalski from October 2016 to January 2017 related to a diagnosed case of complex regional pain syndrome.

JHACH had reported suspicions that she was being manipulated by her mother, Beata Kowalski, to the Department of Children and Families, which took custody of the girl under a shelter order.

The jury found that eventually led to the suicide of Beata Kowalski because she believed it was the only way to get Maya released from state custody.

The verdict amount was later reduced by about $47 million by Circuit Judge Hunter Carroll as being outside the range the jury could have considered, and the Kowalskis accepted the reduction.

The parties agreed to a $50 million bond to serve as security for payment of the judgment if JHACH loses the appeal, and to a stay of execution of collection until the appeal is resolved.

The Second DCA could send the case back to Carroll with directions for further proceedings, or overturn the verdict if it finds errors of law, resulting in a new trial.

Carroll reserved jurisdiction to determine the Kowalskis' entitlement to attorney's fees, though he has deferred consideration of their motion for fees and costs until after the matter has gone through mediation. That's scheduled for April 15 and 17.

In Florida, attorney's fees are generally recoverable by the prevailing party in a lawsuit only if a statute or contract provision provides for them.

Greg Anderson, the Kowalskis' lead attorney, alleges three bases for an award of fees: 1) the Court's "inherent authority" under Florida Statutes Chapter 57 in the case of bad-faith litigation; JHACH's rejection of three settlement proposals, for $2.5 million, $5 million and $10 million; and its failure to admit to matters that were later demonstrated at trial.

If the fee issue goes to hearing, Anderson will need to present expert testimony regarding the reasonableness of the rates his firm charges and the number of hours expended on the case.

The Kowalskis are entitled to recover their reasonable costs as well. An accounting attached to the Anderson's motion shows the firm has incurred more than $1.2 million in costs since the initiation of the lawsuit in 2018.

Carroll also retained jurisdiction to consider motions for sanctions related to attorney conduct during the lawsuit and trial.

Anderson has filed one accusing defense counsel of the "elicitation of materially false testimony," "direct and knowing misrepresentation of material facts" and the withholding of material information.

The accusations largely relate to an alleged failure to disclose "organizational failures" identified by the Centers for Medicare and Medicaid Services, the Joint Commission and Florida's Agency for Health Care Administration that purportedly threatened JHACH's accreditation.

The motion also alleges that defense counsel made disparaging remarks about the judge, the jury and the Kowalskis right after the verdict was announced and subsequently.

It asks that Carroll "take those steps as the Court determines are required under the Rules Regulating the Florida Bar insofar as referral to The Florida Bar for further investigation."

Carroll previously informed the attorneys that any motions for sanctions would be heard after mediation.

JHACH's attorneys haven't filed any responses or opposing motions.

They didn't respond initially to a request for comment.