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Hospital's $208M Verdict Overturned
25 Nov
Summary
- Appellate court reversed $208 million verdict against children's hospital.
- The family is seeking a rehearing of their case by the appellate court.
- Hospital claims immunity for reporting suspected child abuse.
The "Take Care of Maya" case has seen a significant reversal, with an appellate court overturning the $208 million verdict previously awarded to the Kowalski family against Johns Hopkins All Children's Hospital. The family is now seeking a rehearing, contesting the appellate court's decision to reverse the damages and clear the path for a limited retrial on certain claims. The court cited errors in the trial court's proceedings, particularly concerning the admission of emotionally charged testimony and the blurring of legally immune acts with potential torts.
Central to the appellate court's ruling is the reinforcement of Chapter 39 immunity, which protects healthcare professionals who report suspected child abuse in good faith. The hospital had appealed the initial verdict, arguing that the trial court misinterpreted these immunity statutes. The Kowalski family's original lawsuit stemmed from an incident in 2016 when their daughter, Maya, was hospitalized and subsequently separated from her family after child abuse allegations were made, leading to her mother's suicide.
The jury had initially sided with the family, awarding substantial damages for claims including false imprisonment, battery, and intentional infliction of emotional distress. However, the appellate court's decision has now reversed most of these claims, though a claim for intentional infliction of emotional distress toward Maya is being sent back for retrial. The hospital maintains its actions were aimed at protecting a child, while the family argues the hospital's conduct caused immense suffering.
