The teenager suing a hospital for $220 million in a bombshell lawsuit after her mother committed suicide when she was accused of Munchausen by proxy was pictured partying with friends in the days after her legal team said she was to ill to attend court.
Maya Kowalski, 17, was just 10 years old when she was removed by the state after doctors at Johns Hopkins All Children’s Hospital accused her parents of faking symptoms for her rare chronic pain condition.
During her three-month hospital stay, her mother Beata Kowalski was forbidden by law from seeing her. The stricken mom fell into a depression and ultimately ended up committing suicide. The heartbreaking tragedy was detailed in the Netflix documentary Taking Care of Maya.
Last Friday, the Kowalski family lawyer, Gregory Anderson, told the media that Maya was not present for testimony of Dr. Sally Smith, the child abuse pediatrician who investigated her case.
Anderson said that the emotional impact of the trial on Maya had seen her develop lesions relating to her Complex Regional Pain Syndrome diagnosis, reports Court TV.
But on Tuesday, lawyers for the defense introduced new photos into evidence, some taken from Instagram, showing Maya at a Halloween party and a homecoming event.
Maya Kowalski failed to attend a hearing during her bombshell trial where she is suing Johns Hopkins Children’s Hospital for $220 million, with lawyers saying she was too ill. Lawyers introduced photos into evidence that showed her partying on Halloween
Maya Kowalski, seen sitting in the back of a limo, also attended her homecoming. Defense lawyers said it was proof that she was able to live a normal teenager’s life
Last week, Maya’s lawyer said that the stress of the trial had caused her to break out in lesions associated with her CRPS diagnosis
Maya’s lawyers argued that the photos should not be admitted because the teen didn’t post them herself
One of the pictures shows Maya at a homecoming event
In the Halloween picture, the teen can be seen wearing a two-piece outfit while smiling. In another, she wears a short dress while riding in a limousine.
Defense attorney Ethen Shapiro said in reference to the pictures that the court had been told that since Maya’s hospitalization, she has been unable to live a normal teenager’s life.
‘This is the life of Maya Kowalski today. We did not aggravate a preexisting condition. She’s at her prom, she’s out in heels, has friends — it’s in complete contradiction to her testimony,’ Shapiro said while speaking about the pictures.
The family’s attorneys have countered saying that the pictures should not be admitted because Maya wasn’t the one who posted them and that those pictured with her are not involved in the case.
The judge ruled that two of the three photos presented could be admitted but the one of her in the two-piece outfit was thrown out.
Lawyers for Johns Hopkins rested their case on Wednesday however Maya, as well as her father, Jack, could be back on the stand during rebuttal.
Maya broke down in court as she told the court the final moments she saw her mom as she took the stand in the $220M trial against Johns Hopkins All Children’s Hospital
The now 17-year-old was diagnosed with complex regional pain syndrome (CRPS) aged 9, but was taken to hospital with severe pain Oct 2016, aged 10
Maya’s mom, Beata, (right) took her own life after she was diagnosed with a depressive mood and adjustment disorder upon being separated from Maya for almost three months
Maya was removed from her parents’ care after hospital staff became suspicious of the dosage of ketamine her mother insisted on treating her with for the excruciating chronic pain.
Florida’s Department of Children and Families and a state judge supported hospital staff’s suspicions of ‘child medical abuse’ and placed Maya under Florida’s Department of Children and Families’ custody and she was housed at the center.
AndersonGlenn LLP, who launched the lawsuit on behalf of the Kowalski family, confirmed the family is seeking $55 million in compensatory and $165 million in punitive damages.
The hospital’s defense is expected to center on staff status as mandatory reporters required by state law to call the abuse hotline if they have ‘reasonable cause’ the Tampa Bay Times reported.
Ethen Shapiro, who is part of the hospital’s defense team, previously stated that the decision to remove Maya was made by the child welfare system rather than the medical facility.
The hospital released a statement to DailyMail.com which read: ‘Our priority at Johns Hopkins All Children’s Hospital is always the safety and privacy of our patients and their families.
‘Therefore, we follow strict federal privacy laws that limit the amount of information we can release regarding any particular case.
‘Our first responsibility is always to the child brought to us for care. Our staff are required by law to notify Florida’s Department of Children and Families (DCF) if they suspect abuse or neglect.
‘It is DCF and a judge – not Johns Hopkins All Children’s Hospital – that investigates the situation and makes the ultimate decision about what course of action is in the best interest of the child.
‘We are determined to prevent any chilling effect on the obligation to report suspected child abuse in order to protect the most vulnerable among us.’
***
Read more at DailyMail.co.uk