Johns Hopkins All Children's Hospital Seeks New Trial in Maya Kowalski Case Amid Juror Misconduct Claims

Dec 18, 2023, 11:00 AM

Johns Hopkins All Children's Hospital (JHAC) has filed a motion for a new trial in the high-profile Maya Kowalski medical abuse case, citing alleged juror misconduct that could have influenced the previous verdict. The hospital is claiming that a juror's notes containing Nazi symbols indicate bias against one of the defendants, Dr. Sally Smith. This development follows a November verdict awarding Maya Kowalski's family over $260 million in damages due to alleged mistreatment at the hospital.

The controversy revolves around Juror No. 1, who, according to JHAC's motion, wrote notes during the trial with Nazi symbols placed suggestively around Dr. Sally Smith's name. The hospital argues that this behavior demonstrates bias and prejudice against Dr. Smith, equating her with the Nazi Schutzstaffel, a paramilitary organization from World War II.

In response, Maya's attorney, Greg Anderson, expressed strong opposition to the hospital's motion, deeming it "completely and utterly inappropriate." Anderson stated, "Even if there were some way to make a connection — which there's not in any way, shape or form. Going after a juror — and trying to make any connection at all to such a loathsome part of history is … inappropriate and contrary to everything that our rules of professional conduct stand for."

The defense has also alleged other instances of juror misconduct, suggesting that Juror No. 1 may have held negative feelings toward the Florida Department of Children and Families (DCF). The juror posted a statement about the trial on a public Facebook page associated with the "Take Care of Maya" documentary, expressing opposition to JHAC's motion for a new trial.

Despite these allegations, Anderson maintains that the defense is "grasping at straws" and pursuing various arguments for a new trial. He believes the hospital's desire for a do-over does not align with the jury's verdict and public sentiment. "They just don't understand that the jury, in fact, the country, has rejected their conduct," Anderson added.

The Maya Kowalski case gained significant attention when the jury awarded the Kowalski family substantial damages on November 9th. The family had alleged that JHAC falsely imprisoned Maya, fraudulently billed her family, and caused them severe emotional distress. The jury also determined that social worker Catherine Bedy had battered Maya, and Dr. Smith had medically neglected her.

Maya's medical journey began when she was admitted to JHAC at the age of 10, suffering from a complex regional pain syndrome (CRPS). Subsequent concerns led to her removal from her parents' custody after staff accused Beata Kowalski, her mother, of medical abuse. The case inspired the popular documentary series "Take Care of Maya."

With a hearing for the new trial set for Friday, the case continues to generate debate and public interest. JHAC's motion for a new trial raises questions about the impact of alleged juror misconduct on the previously awarded damages and the potential for a retrial in this highly contentious medical abuse case.