It’s official. Johns Hopkins All Children’s Hospital was found liable for medical kidnapping, billing fraud, and forcing Beata Kowalski into suicide. A Florida jury rendered a landmark decision in which they found the hospital responsible for all the charges brought by the plaintiffs. They awarded compensatory damages of over $211,000,000. They then awarded $50 million as punitive damages to the hospital for colluding with DCS in order to falsely jail a medically complicated child on false allegations of Munchausen by proxy.
This is the first time a civil court has ever seen a win like this. This case was unique in that it included a novel cause of action: the intentional infliction of emotional distress that caused Beata Kowalski’s death. This question was posed to jurors and will be appealed, but it survived the bar of liability for this jury. It read:
Johns Hopkins All Children’s Hospital engaged in extreme and outrageous behavior through its employees. Did they do so with the intent to cause or reckless disregard for the high likelihood of causing severe emotional distress to Beata Kowalski, which was enough to be the legal cause of Beata’s suicide?
Yes, it was an unequivocal yes. The jury determined that JHACH’s conduct caused Beata to have an uncontrollable urge to commit suicide and that this conduct was a significant factor in her demise. Just on that count, the jury awarded approximately $104 million.
It is the first civil case to have this type of claim prevail. Other claims included false imprisonment and battery, as well as intentional infliction of emotional distress, fraud billing, medical negligence, and fraudulent billing. JHACH was found guilty by a unanimous jury. The only thing I regret is that there was no count of discrimination against the family because of their religion.
It is not known if the Kowalskis are going to see the money in the future. JHACH will tie them up for years in the appeals court on their wrongful death claim if not other claims. Their actions and their consequences have been made public, and no amount of appeal decisions in JHACH’s favor will be able to repair the reputation that it has gained as a child abuser.
Maya Kowalski has a rare disease called Complex Regional Pain Syndrome (CRPS), but the hospital did not believe her and accused her mother instead of fabricating her illness. The hospital kept the family apart even after Maya was separated from Beata. In dependency court, the hospital was trying to get Maya sent thousands of miles from her family and placed in a “medical foster home.”
More people than you think are affected by this type of situation in the United States. Rachel Bruno, Drake Pardo Justina Pelletier, and Cynthia Abcug were just some of the cases that I covered. Some of them have never received justice for the horrendous acts committed against their families.
This victory for the Kowalskis represents a victory for all families who have been falsely accused of child abuse by a medical staff out of control. This huge verdict may reverberate throughout hospitals, causing them to realize that they should treat patients and not investigate them. We can only hope that this judgment will put an end to the pernicious partnership between hospitals, malicious state agencies and falsely claiming to protect children.
JHACH is about to experience a nightmare even worse than Maya’s. A new lawsuit was filed against JHACH for similar allegations. The Kushnir Family is suing JHACH, Dr. Sally Smith, and the child abuser who kidnapped Maya away from her family with the same attorneys who won the case that was deemed unwinnable.
In a 57-page petition, the Kushnirs claim medical malpractice, negligent hiring and supervision of their doctors, abuses of process, malicious prosecutions, interference with the custody parent-child relationship, and civil conspiracy. The suit names many of the same doctors who were involved in Maya’s kidnapping.
The lawsuit contains shocking allegations, including false accusations of sexual abuse.
According to the misrepresentations, the Defendants made, William and Adele had been removed from the care and custody of their parents for about three months. William’s health deteriorated under the influence of Bayfront Health and JHACH and their physicians and other healthcare professionals. Vadim, Elina, and others were also subjected to the Defendants’ misrepresentations, including allegations of physical abuse, sexual assault, and medical negligence.
JHACH was hiding some very dark secrets that, thanks to attorneys Greg Anderson & Nick Whitney, are now coming out in the open. Court TV’s coverage would have you believe that Maya Kowalski is a liar. It’s been a disaster. Anyone with a head can tell that there’s fire where there’s smoke.
USA Today is investigating 300 families who may have suffered similar abuse by Dr. Sally Smith. This verdict is a vindication of parents who are losing their rights over their children’s education and medical care. America has had it with this tyranny, and perpetrators will be held accountable.
Next, a state-wide investigation should be conducted into Dr. Sally Smith and her department, the Department of Child and Family Services. If they are found guilty of criminal conduct, they will face jail time. The House of Representatives of Florida should also remove immunity for hospitals and DCF if they abuse their state-granted powers to abuse citizens like this.
Let’s go, people. It’s time to turn this into a reality.