The documentary ‘Take Care of Maya’ has brought to light a harrowing story within the CRPS community, sparking widespread discussion and concern. But beyond the screen, lies the complete, heart-wrenching narrative of Maya Kowalski and her family’s ordeal, culminating in a landmark legal battle. This article delves deep into the ‘Take Care of Maya Trial’, a case that sought $220 million in damages and ultimately saw a jury award a staggering $261 million to Maya and her family in November 2023. This verdict encompassed $211 million for compensatory damages and an additional $50 million in punitive damages, addressing charges ranging from false imprisonment and battery to medical negligence and the wrongful death of Maya’s mother, Beata, alongside the emotional distress inflicted upon both Maya and Beata.
Understanding the ‘Take Care of Maya’ trial: A pivotal legal case focusing on medical misdiagnosis and its devastating consequences for a family.
“I’m sorry but I no longer can take the pain being away from Maya and being treated like a criminal. I cannot watch my daughter suffer in pain and keep getting worse while my hands are tied by the state of FL and the judge.”
This poignant quote, left by Beata Kowalski, encapsulates the despair and desperation at the heart of this tragic case.
The Beginning of a Medical Mystery
For those unfamiliar with this case, Maya Kowalski’s story gained international attention through the Netflix documentary ‘Take Care of Maya‘. Released in June 2023, it quickly became a viral sensation, amassing over 14 million views within its first two weeks and shedding light on a medical and legal battle that began in 2015.
Maya’s health journey took a distressing turn when she started exhibiting a perplexing array of symptoms. These included breathing difficulties, unexplained skin lesions, debilitating fatigue, persistent headaches, blurred vision, dystonia affecting her lower limbs, and pervasive chronic pain. Her parents, Beata and Jack Kowalski, embarked on a relentless quest to uncover the root cause of Maya’s suffering. Driven by unwavering determination, especially from Beata, they consulted numerous doctors and specialists, tirelessly seeking answers. Their perseverance led them to Dr. Anthony Kirkpatrick, a renowned pain specialist in the US, who, in September 2015, diagnosed Maya with Complex Regional Pain Syndrome (CRPS). This diagnosis marked the beginning of a new chapter in Maya’s life, one defined by the challenges of living with a chronic pain condition and the complexities of navigating the healthcare system.
Following the diagnosis of CRPS, a condition often misunderstood and challenging to manage, Maya underwent various treatments under medical supervision. Among these was a highly specialized 5-day procedure conducted in Mexico. This treatment involved sedating and intubating Maya to administer high-dose ketamine infusions. Remarkably, this aggressive approach proved successful in significantly reducing Maya’s debilitating symptoms. To sustain these positive outcomes and prevent symptom recurrence, Maya required ongoing, lower-dose ketamine treatments upon her return to the United States. This initial success offered a glimmer of hope in managing her complex condition.
Maya Kowalski’s initial struggle: Facing a range of symptoms that baffled doctors before a CRPS diagnosis offered a path forward.
The Hospital Visit That Changed Everything
The turning point in Maya’s story came when she was just ten years old. Her parents rushed her to the paediatric emergency department at Johns Hopkins All Children’s Hospital in St. Petersburg, Florida, believing she was experiencing a severe flare up of her CRPS, manifesting as excruciating stomach pain.
Upon arrival at the hospital, Beata and Jack Kowalski diligently informed the emergency department staff about Maya’s Complex Regional Pain Syndrome (CRPS) diagnosis. They detailed how CRPS affected Maya’s feet and legs, causing extreme hypersensitivity [Learn more about CRPS signs and symptoms via this link]. Beata, a registered nurse, possessed a comprehensive understanding of Maya’s condition and the treatments that had previously proven effective or ineffective. Maya’s mobility was also severely impacted by CRPS; she relied on a wheelchair due to her feet turning inward and legs unable to bear her weight. Like many CRPS sufferers, Maya endured burning pain in her legs and feet, making walking extremely difficult. Early in her CRPS journey, she had developed lesions on her legs, which the ketamine coma treatment in Mexico had aimed to address.
In the emergency room, as medical staff attempted to diagnose the cause of Maya’s abdominal pain, a nurse prepared to perform an ultrasound. Beata, drawing on her experience and understanding of Maya’s condition, requested a ketamine infusion or dose, explaining that this was essential for Maya to tolerate the procedure. This request for ketamine, a powerful medication, raised a flag for the nurse, prompting her to involve social worker Debra Hansen. This decision marked the beginning of the Kowalski family’s entanglement with the child protective services system and a cascade of events that would tragically alter their lives.
Child Abuse Allegations and the Downward Spiral
The social worker’s intervention was triggered by what she perceived as an unusual request – Beata’s insistence on ketamine, a potent drug, for a procedure deemed routine. This perceived ‘red flag’ led the social worker to file a formal report of child abuse or neglect with the State. Although the Florida Department of Children and Families initially dismissed the report due to insufficient evidence, concerns within the hospital persisted, and staff continued to pursue the child abuse/neglect allegations.
Later that day, Dr. Beatriz Teppa Sanchez, an ICU doctor, contacted Dr. Sally Smith, medical director of the child-protection team for Pinellas County, Florida, seeking her expert opinion. Dr. Smith, a physician with extensive experience in child abuse cases, listened to Dr. Sanchez’s concerns. Dr. Sanchez described Beata as “pushy” and expressed alarm over the requested ketamine dosage, deeming it excessive. Hospital staff further characterized Beata as belligerent, demanding, and controlling, alleging she persistently pressured them to administer ketamine to Maya. Dr. Sanchez also noted that Maya seemed to exhibit less pain behavior when her mother was absent. However, Dr. Smith’s primary concern arose from learning about Maya’s regular ketamine infusions for CRPS management. She concurred with Dr. Teppa Sanchez’s assessment, considering this an unconventional approach for pediatric CRPS treatment.
Subsequently, a second formal report was filed with the State. This time, instead of parental neglect, the allegation shifted to overtreatment. The report asserted that Beata Kowalski “is believed to have mental issues,” and further claimed that Maya was not genuinely in pain, stating, “Mom insists that Maya is in pain.” The DCF (Department of Children and Families) accepted this second report and formally engaged Dr. Sally Smith to conduct a further investigation, although she was already involved in the case.
“Maya was not in any pain but Mom insists that Maya is in pain”
This statement from the report highlights the core of the conflict – a fundamental disagreement and disbelief in Maya’s diagnosed condition and her mother’s advocacy for her treatment.
Disbelief and Accusations of Munchausen by Proxy
The hospital staff and authorities involved in Maya’s case displayed a profound skepticism towards her CRPS diagnosis and the necessity of high-dose ketamine for managing her debilitating symptoms. They went as far as accusing Maya of fabricating her condition. This disbelief culminated in a judge’s order to remove Maya from her parents’ custody. The justification extended beyond simply doubting Maya’s symptoms; hospital staff suspected Beata of suffering from Munchausen-by-proxy, now termed Factitious Disorder Imposed on Another (FDIA) in the USA, or Fabricated or Induced Illness (FII) in the UK. This serious mental health condition involves a caregiver, typically a parent, fabricating or inducing illness symptoms in a child under their care, leading to unnecessary and potentially harmful medical interventions. Such abuse can have severe and lasting repercussions on a child’s physical and emotional well-being.
Prior to this fateful hospital admission, the Kowalski family had consulted over 30 medical professionals in their pursuit of understanding and managing Maya’s complex condition. Seeking multiple medical opinions and exploring various treatment options is a common experience for individuals and families dealing with CRPS, a condition often requiring specialized and multidisciplinary care. Beata meticulously documented Maya’s symptoms, treatments, and medical history, maintaining detailed records in her efforts to advocate for her daughter’s health.
Obtaining a diagnosis of Complex Regional Pain Syndrome (CRPS) is often a protracted and challenging process, sometimes taking months or even years. This is largely due to the condition’s intricate nature, limited understanding within the medical community, and insufficient awareness. Tragically, accusations of symptom exaggeration or fabrication, and even misdiagnosis of Munchausen syndrome, are not uncommon for CRPS patients navigating the healthcare system.
Upon Johns Hopkins hospital’s request for Maya’s medical records, both Dr. Kirkpatrick and Dr. Hanna, the specialists who had previously diagnosed and treated Maya, contacted the hospital. They explained Maya’s condition to Dr. Smith and cautioned against the Munchausen by proxy accusation. Dr. Kirkpatrick specifically warned in a memo that such accusations “could result in needless and permanent harm to the child and family.” Dr. Hanna further advised Dr. Smith that Munchausen by proxy was a common misdiagnosis in CRPS cases. Despite these expert warnings and cautions, neither of these crucial insights was included in Dr. Smith’s official report, a critical omission that would have profound consequences for the Kowalski family.
“Even though we are discouraged, we will not settle”
This quote reflects the Kowalski family’s unwavering determination to fight for Maya’s well-being and to challenge the accusations leveled against them.
Three Months of Isolation and Despair
Following the Munchausen-by-proxy accusation, the State issued a ‘shelter order’, mandating Maya’s continued hospitalization and prohibiting her parents from visiting her. The nurse tasked with delivering this devastating news to the Kowalskis found Jack, Maya’s father, on the floor of her hospital room, attending to Maya after she had lost bowel control. Beata had already left for work, leaving Jack to manage the situation alone. The nurse conveyed the heartbreaking news that Maya was now a ward of the state, and Jack was instructed to leave the hospital immediately. As he departed, Maya, from her hospital bed, cried out for her father, a poignant moment of separation and distress.
Over the ensuing three months, Maya endured a traumatic period of separation from her family. According to the subsequent legal complaint, medical orders enforced her “isolation” and severely restricted family visits. Despite this isolation, and contrary to the hospital staff’s beliefs, Maya continued to report excruciating pain levels.
Dr. Smith, however, remained unconvinced of Maya’s CRPS diagnosis, suspecting something other than Munchausen-by-proxy but still disbelieving the reality of Maya’s pain. She instructed staff to secretly record Maya, aiming to “try to catch her moving her legs,” hoping to find evidence to support her skepticism.
In one instance, a healthcare professional texted Dr. Smith after a visit, reporting, “I watched her use her feet to push herself several feet in her wheelchair … She was distracted and I’m not even sure she realized she did it bc i didn’t call attention to it.”
Dr. Smith’s response revealed her unwavering conviction: “Fortunately at 10 years old she can’t perform the charade effectively 24/7. And doesn’t even know if she’s making ‘physiological’ mistakes. I’m coming to take some pictures of her ‘affected’ legs.”
Dr. Smith and other hospital staff frequently dehumanized Maya, referring to her with derogatory terms such as ‘ketamine girl’. After two months of isolation, the hospital paediatrician revised Maya’s diagnosis from Munchausen-by-proxy to factitious disorder. This shift in diagnosis implied that doctors no longer believed Beata was inducing Maya’s symptoms, but instead, that Maya was consciously fabricating them. Dr. Smith further asserted in her reports that the recurring ‘strange bumps and lesions’ on Maya’s legs, arms, and forehead were self-inflicted, dismissing them as manifestations of a fabricated illness.
Restricted Visitation and Escalating Trauma
By December, visitation orders were modified, allowing Maya to see her father, Jack, but only under strict supervision. Beata’s visitation remained entirely prohibited, limited to phone or video calls. However, the hospital imposed further restrictions beyond the court’s orders.
Maya’s social worker, Cathi Bedy, frequently denied Beata’s FaceTime/video calls, reducing contact from daily to once a week. Beata was denied the chance to see Maya even during Christmas. Visits from Maya’s teachers and the family priest were also blocked, effectively halting her education and spiritual support.
Adding to the emotional and psychological distress, Maya was subjected to unwanted physical contact and constant video surveillance. In one particularly disturbing incident, Maya was instructed by social worker Cathi Bedy and a nurse to undress completely for photographs, purportedly for a report. When Maya refused, she was threatened with denial of a court-arranged visit with her mother. Despite Maya’s protests and pleas to stop, the social worker forcibly removed her pants and shirt.
Maya recounted the traumatic event: “I was crying and saying, ‘No, stop.’ But she wouldn’t stop. Bedy pinned me face down and either she or the nurse took photos of me in my training bra and shorts.”
Beata witnessed a significant decline in Maya’s condition during her hospital stay. The legal complaint detailed that “her symptoms worsened: her lesions reappeared, her legs atrophied, she regressed and became wheelchair-bound.”
At a subsequent court hearing, Maya’s request to hug her mother, and even a plea from their lawyer for permission, were both denied by the judge, further deepening the family’s anguish.
Emotional distress in court: Maya Kowalski’s plea to hug her mother was denied, highlighting the rigid and unsympathetic approach of the authorities.
Beata Kowalski’s Despair and Tragic End
When Beata finally saw Maya, over three months after initially bringing her to the hospital, she observed that Maya was “in worse shape,” confined to a wheelchair and deteriorated compared to her condition upon admission. The judge’s denial of a simple hug from her daughter proved devastating for Beata. Overwhelmed by grief and despair, she cried incessantly and experienced significant weight loss. In a phone conversation with Maya the day before her death, Maya recalled her mother saying, “I love you, and I’ll see you tomorrow.” Tragically, this was the last time Maya would ever hear her mother’s voice.
On January 7, 2017, Beata Kowalski tragically took her own life at the age of 43, just two days after being denied a hug from Maya and after 87 days of separation from her daughter. On that day, the family was scheduled to attend a birthday celebration, but Beata stayed home, telling her husband she had a headache. Upon returning home, Jack assumed Beata was resting in their son’s room. The next day, a blood-curdling scream from the garage alerted Jack to the horrific discovery – a relative had found Beata, who had died by suicide.
In a heart-wrenching email left behind, Beata articulated her unbearable pain: “I’m sorry but I no longer can take the pain being away from Maya and being treated like a criminal. I cannot watch my daughter suffer in pain and keep getting worse while my hands are tied by the state of FL and the judge.” Beata’s desperate act was driven by her belief that releasing Maya from the hospital and allowing her to receive proper CRPS treatment was the only path to alleviate her daughter’s suffering. Just days later, on January 13, 2017, Jack Kowalski was finally granted custody of Maya.
It’s important to note that Beata had never been diagnosed with any mental health condition. She had even undergone a state-mandated psychiatric evaluation to refute the Munchausen-by-proxy allegations. The psychiatrist’s report explicitly stated “no evidence that would support the conclusion that Beata has falsified her daughter’s medical condition for any psychological purpose” and definitively concluded that “factitious disorder by proxy may safely be ruled out.”
When Jack returned to the hospital to inform Maya of her mother’s suicide, she was moved to a small room where she was joined by her father, brother, and the family priest. They grieved together for an hour before Jack was compelled to leave. In a subsequent court hearing, Maya, wearing a necklace gifted to her mother, poignantly expressed, “It was actually so unbelievably cruel, the amount of time they allocated for me to spend with my family after hearing such awful news.”
Following this tragedy, a hospital doctor texted ICU Paediatrician Dr. Beatriz Teppa Sanchez, “Ketamine girl’s mom committed suicide yesterday. Sorry to say my prediction was correct.” This chilling message reveals a disturbing assumption that Beata’s suicide confirmed a pre-existing mental health issue. Dr. Sanchez responded, “Omg, this is terrible … I know we did the right thing. But this is really f***ed up. I feel bad.”
Maya Kowalski’s resilience: Emerging from the courthouse after the verdict, carrying the weight of her mother’s memory and the fight for justice.
The Civil Court Case and Verdict
Maya, now 17 years old, became a co-plaintiff in a civil lawsuit against Johns Hopkins All Children’s Hospital and the Department of Children and Families, seeking over $200 million in damages. The lawsuit alleged that the hospital’s actions and the child abuse accusations against Beata directly led to her suicide in January 2017. The family’s claims included medical malpractice, battery, false imprisonment of Maya, intentional infliction of emotional distress, and fraud. They argued that despite the hospital’s denial of Maya’s CRPS diagnosis, they continued to bill their insurance company for CRPS treatments, highlighting a disturbing contradiction.
The ensuing court case placed immense emotional and physical strain on Maya. She was forced to relive the traumatic hospital experiences and the devastating loss of her mother under intense scrutiny. In their opening statement, defense lawyers justified their mandatory reporting route by claiming Maya had been given “levels of medication they had never heard of before, that the literature did not support,” referring to the ketamine treatments.
During the approximately eight-week trial, the defendants’ legal team appeared to question the legitimacy of Maya’s ongoing condition, particularly when she was unable to attend court sessions. They presented photos of Maya at her prom, smiling and seemingly enjoying herself, attempting to undermine her claims of persistent pain and disability. Maya poignantly explained to the court that these photos, while showing moments of normalcy, did not negate her chronic pain. She testified, “…I cried for an hour to my dad before that picture was taken because of how bad my leg pain was…I wasn’t sure if I was going to be able to go. That was my physical condition and mental condition.”
The defendants’ lawyers argued, “This is the life of Maya Kowalski today….We did not aggravate a pre-existing condition. She’s at her prom, she’s out in heels, has friends — it’s in complete contradiction to her testimony.” Despite objections from Maya’s legal team, the judge admitted the prom photos as evidence.
It is crucial to understand that CRPS is not a linear condition. Individuals living with CRPS experience fluctuations in symptoms, with periods of relative stability interspersed with flare-ups and exacerbations. Outward appearances can be deceptive, and moments of normalcy do not negate the underlying chronic pain and disability. The effort required for someone with CRPS to participate in events like prom, and the subsequent symptom flare-ups and fatigue, are often invisible to onlookers.
Ultimately, the jury sided with the Kowalski family, awarding them $261 million in damages. This landmark verdict included findings of false imprisonment and battery, with $50 million specifically allocated as punitive damages for these charges after a second jury deliberation. Punitive damages are intended to punish egregious conduct and deter similar actions in the future.
Upon hearing the verdict, Maya broke down in tears. She stated, “It was about the answer, knowing that my mom was right,” and “For the first time, I feel like I got justice.” In a heartfelt Instagram post, she shared, “We are feeling so blessed! I will forever be grateful.” The jury’s decision affirmed that the emotional distress caused by the hospital’s actions, particularly the prohibition of contact with Maya, directly contributed to Beata’s suicide.
However, the legal battle is not yet over. The hospital has initiated an appeal against the damages, meaning the final amount remains uncertain pending the appeals process, which could take considerable time. Hospital lawyers have asserted that the verdict was based on “clear and prejudicial errors” and have accused Maya’s lawyers of misleading the jury.
Maya’s family’s lead lawyer, in his closing statement, powerfully argued, “All Children’s doctors wanted to punish a mother who dared to question their medical expertise … What was the purpose of all this other than arrogance and the belief they could get away with it.”
Seeking accountability: The Kowalski family pursued legal action to address the injustices they faced and to hold the hospital accountable for their actions.
New Allegations: Sexual Abuse Claims
In a further development following the civil trial, Maya Kowalski has filed a criminal complaint alleging sexual abuse, assault, and battery that occurred between October 8-13, 2016, during her hospitalization. While Maya cannot identify the perpetrator, she has provided specific details about him, including hair color, height, weight, and clothing.
She alleges that an individual resembling a doctor entered her room unaccompanied by a female chaperone, knocked once, and proceeded to sexually assault her by pulling down her pajamas and underwear to “stare at [and] touch her private parts.”
Maya’s lawyer, Greg Anderson, explained that she had suppressed the memory of this abuse until recently. However, Maya had previously alluded to these events in notes sent to both the hospital psychiatrist and a subsequent psychiatrist, Dr. Henschke. These new allegations add another layer of complexity and horror to an already devastating case.
Family strength: Maya Kowalski and her family standing together after achieving a legal victory, but still facing ongoing challenges and appeals.
The Uncertain Future
The legal saga of the Kowalski family continues. The appeal from the civil claim remains pending, as Johns Hopkins All Children’s Hospital vehemently denies that their actions caused Beata’s suicide and intends to pursue the appeal “based on clear and prejudicial errors throughout the trial and deliberate conduct by plaintiff’s counsel that misled the jury.” The outcome of the newly filed criminal complaint regarding sexual abuse also remains to be seen.
This case underscores the critical importance of accurate medical diagnosis, especially in complex conditions like CRPS. The tragic misjudgment and disbelief in Maya’s diagnosis, coupled with the accusations against Beata, had catastrophic consequences. It highlights the need for healthcare professionals to listen to patients and families, to consider expert opinions, and to approach complex cases with empathy and a commitment to proper diagnosis and care. The ‘Take Care of Maya’ story serves as a stark reminder of the devastating impact of medical misdiagnosis and the urgent need for a more compassionate and informed approach to patient care, particularly for those with rare and poorly understood conditions.
Support Resources
If you believe you are experiencing symptoms of Complex Regional Pain Syndrome (CRPS), it is crucial to seek assessment by a pain consultant or a CRPS specialist center. For further information, please visit our page ‘How to get symptoms assessed‘.
For individuals and families affected by CRPS, Burning Nights CRPS Support offers a range of services, including online support groups, live chat, and community forums. Please explore our Support Services page for more information.
If you have been affected by any of the issues discussed in this article, please remember that support is available. In the U.K., you can call the Samaritans on 116 123. In the USA, please call the 988 Suicide & Crisis Lifeline. These services provide confidential emotional support 24/7 to individuals in crisis or distress.
