
An appeals court has reversed a judgment that would have awarded Maya Kowalski’s family $208 million. Why did the family receive the award in the first place, and what does it mean now that the judgment has been reversed?
A Painful Illness
In 2016, a young girl in Sarasota, Maya Kowalski, was suffering from headaches, asthma attacks, and painful lesions that formed on her arms and legs. She was frequently in pain and unable to walk.
Maya’s family searched for help for their daughter’s unusual symptoms and eventually found Dr. Anthony Kirkpatrick, a Tampa-based anesthesiologist and pharmacologist, who diagnosed Maya with complex regional pain syndrome (CPRS). She was put on a treatment plan that included ketamine infusions.
The treatments helped Maya, but when she was 10, she had a flare-up that caused her parents to bring her to Johns Hopkins All Children’s Hospital in St. Petersburg, Florida. The admittance would change the family forever.
Maya’s parents, Jack and Beata Kowalski, explained their daughter’s condition and treatment plan to the hospital staff, but the medical teams were skeptical. Instead of following Maya’s healthcare plan or releasing Maya to her partners, the team at All Children’s contacted Sally Smith, the medical director of the county’s child protection team.
Smith filed a report questioning Maya’s care. A judge then ruled that Maya wasn’t allowed to be discharged to her family or another treatment facility. She was placed into state custody and ordered not to have contact with her mother.
Related: What Led to “Take Care of Maya” Trial Against Johns Hopkins All Children’s Hospital?
A Painful Separation
For three months, Maya was without any in-person interaction with her mother. The time was difficult for both Maya and Beata.
At the time, the family’s attorney, Gregory Anderson, told The Daily Mail that the hospital “removed all proven therapies and treated her [Maya] as a psychiatric patient. As a consequence, her CRPS is now a threat to her life and will manifest over her ’30s, early ’50s with more frequent, longer duration and more severe and painful events.”
The separation also had life-changing consequences for Maya’s mother. After three months of separation, Maya’s mother was diagnosed with a depressive mood and adjustment disorder and committed suicide.
Related: 11 Examples of Medical Malpractice Case Worth Fighting For
Who Is to Blame?
Shortly after Beata’s death, Maya was released from All Children’s. The Kowalskis were exonerated on January 14, 2017, after the hospital found that Maya’s condition failed to get better and determined that her mother was not causing her symptoms.
The Kowalskis sought justice for what happened to Maya and Beata. The family retained AndersonGlenn LLP and filed a medical malpractice civil lawsuit against All Children’s in 2018.
The family’s story was documented in Netflix’s movie, “Take Care of Maya” which came out in June 2023. The case went to trial in Florida’s 12th Judicial Circuit in Sarasota County, and in November 2023, the jury found All Children’s liable for damages after a nine-week trial.
The jury originally ordered All Children’s to pay $211 million in compensatory damages and $50 million in punitive damages for false imprisonment, battery, medical negligence, and other charges. Now, an appeals court has reversed that jury’s decision.
Related: Examples of Wrongful Death Cases Worth Fighting For
Why Was There a Reversal?
Almost two years after a jury said All Children’s was liable for damages caused to the Kowalskis, an appeals court reversed the decision, as reported by the Tampa Bay Times.
On October 19, 2025, Florida’s 2nd District Court of Appeals issued a 48-page ruling that listed multiple reasons for the decision. The ruling argued that:
- Evidence from the civil trial didn’t support the jury’s verdict.
- The lower court erred in not giving more legal protection to the hospital.
- There was no evidence to support the $50 million in punitive damages because it requires proof that the hospital was “guilty of intentional misconduct or gross negligence”
The ruling also said the original judge should have given the hospital a new trial and that a judge, not a jury, should have been responsible for ruling on some counts.
What’s Next?
The Kowalskis seem committed to continue fighting against All Children’s.
Nick Whitney, the Kowalski family’s attorney, wrote, “We’re disappointed by the decision, but the Kowalskis will persevere. Judge Smith’s concurring opinion emphasized Johns Hopkins’ outrageous actions towards Maya, and the next jury will see things just like the first one did.”
The case could end up in front of a jury again if the Kowalskis fight to bring the case back to court.
Fighting for Justice
Everyone deserves a high standard of care during a medical encounter. If you or a family member feels you received inadequate care from a medical team, talk to an attorney about your case today. A personal injury attorney will help you determine if you have a medical malpractice case worth fighting for.
TJ Grimaldi is a Tampa Bay attorney who fights for the rights of his clients during their most difficult moments. If you are struggling to recover after a medical experience gone wrong, talk to TJ. Get a free consultation to review your case directly with TJ. Request your consultation or call 813-226-1023.





