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A jury awarded an additional $50 million to a family that sued a Johns Hopkins children's hospital in a case made famous by a Netflix documentary, bringing the total damages to $261 million, the Tampa Bay Times reported Nov. 10.
The six jurors ruled Nov. 9 that St. Petersburg, Fla.-based Johns Hopkins All Children's Hospital must pay the family of 17-year-old Maya Kowalski $211 million in the medical malpractice lawsuit, according to the story. After a second round of deliberations that evening, the jury added the remaining punitive damages on counts of false imprisonment and battery.
In 2016, hospital staff called a child abuse hotline after her mother demanded ketamine to treat Maya for chronic pain, suspecting Munchausen syndrome by proxy. Maya was confined to the hospital for three months, during which time her mother took her own life. The family had previously taken Maya to Mexico for high-dose ketamine treatments.
"To me, it was about the answer, knowing that my mom was right. I want people to know that she wasn't harming me at all," Ms. Kowalski told the media after the ruling. "For the first time, I feel like I got justice."
The hospital's defense team said it plans to appeal the verdict. "We are determined to defend the vitally important obligation of mandatory reporters to report suspected child abuse and protect the smallest and most vulnerable among us," attorney Howard Hunter said in a statement to Becker's.
In General. A cornerstone of the remedies sections and of the bill as a whole is section 504, the provision dealing with recovery of actual damages, profits, and statutory damages. The two basic aims of this section are reciprocal and correlative: (1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty that have marked the present law on the subject, and, at the same time, (2) to provide the courts with reasonable latitude to adjust recovery to the circumstances of the case, thus avoiding some of the artificial or overly technical awards resulting from the language of the existing statute.
4. Where the infringements of one work were committed by a single infringer acting individually, a single award of statutory damages would be made. Similarly, where the work was infringed by two or more joint tortfeasors, the bill would make them jointly and severally liable for an amount in the $250 to $10,000 range. However, where separate infringements for which two or more defendants are not jointly liable are joined in the same action, separate awards of statutory damages would be appropriate.
Clause (2) of section 504(c) provides for exceptional cases in which the maximum award of statutory damages could be raised from $10,000 to $50,000, and in which the minimum recovery could be reduced from $250 to $100. The basic principle underlying this provision is that the courts should be given discretion to increase statutory damages in cases of willful infringement and to lower the minimum where the infringer is innocent. The language of the clause makes clear that in these situations the burden of proving willfulness rests on the copyright owner and that of proving innocence rests on the infringer, and that the court must make a finding of either willfulness or innocence in order to award the exceptional amounts.
The Scottish woman who publicly outed herself as the inspiration for Martha, the stalker character in Netflix's hit series Baby Reindeer, is now suing Netflix for damages, defamation, and for causing "severe and extreme emotional distress."
Los Gatos-based Netflix is facing legal action from Fiona Harvey, the Scottish woman who says she was the inspiration for the crazed stalker who upended comedian Richard Gadd's life, and served as the inspiration for the series he created based on his own story, Baby Reindeer. Harvey is suing for $170 million, as Bloomberg reports, which includes $120 million in damages and $50 million in recovered profit made from the series.
Not long after that Piers Morgan interview, one of the details from the Netflix series about the character's stalking history appeared to be confirmed: 62-year-old UK barrister Laura Wray, the widow of former MP Jimmy Wray, went on Morgan's show to discuss how she had been stalked by Harvey for five years.
Another, perhaps difficult obstacle for the legal case is that the Netflix series, while introduced with the words, "This is a true story," also contains the caveat that it "is based on real events: however certain characters, names, incidents, locations, and dialogue have been fictionalized for dramatic purposes."
The legal complaint argues that Netflix "never investigated whether Harvey was convicted," calling this "a very serious misrepresentation of the facts." And it contends that the company "did nothing to understand the relationship between Gadd and Harvey, if any."
Mayoral candidate Mark Farrell's record on addressing homelessness is thin, though he's trying to use it as a campaign tentpole; that Trump fundraiser raised $12 million; and a 71-year-old woman was fatally mauled by a black bear in a small Sierra County town.
After an eight-week trial in Venice, a jury this month held Johns Hopkins All Children's Hospital liable for mistreatment of Maya Kowalski. The St. Petersburg hospital now must pay over $260 million in damages.
The hospital defended each of the charges from the Kowalski family, which included medical negligence, fraudulent billing and false imprisonment, according to O'Donnell. He said the verdict will likely go to appeal to either overturn or reduce damages.
It was a very emotional trial. I watched the time that Maya took the stand. She's now 17 years old (and) she had to relive the whole story of how she was separated from her mum. Her mum left her in the hospital to go to work. She didn't know that that would be the last time that her mum would ever hold her or say goodbye to her.
And three months later, she finds out that her mother's dead and took her own life. She testified and there (were) tears. Some of the jurors were in tears when she was testifying. It was very, very emotional.
And All Children's said, if you try and remove the child against medical advice, then our security is going to stop you. And that was what the jury found to be one of the counts of false imprisonment.
It's impossible to say whether all of the jurors saw the documentary. So during jury screening, that was obviously one of the things that came up. But I will say this, it was a family story with a terrible tragedy. It's hard to imagine that the jury wasn't sympathetic toward this young girl who, so very eloquently, was very well-spoken on the witness stand. But emotional when, even when the verdict was read, she and her brother and their father, they all wept. There was no hint of celebration.
She actually said afterward, you know that she wanted to prove that her mom was right (and) her mom had not mistreated her. That was like, really important to her. So I think the moment that you put that family in front of a jury, you're facing an uphill battle.
We've heard a lot in the past, about podcasts coming out, documentaries coming out, and families or people getting justice or their convictions overturned. Do you think that a podcast or a documentary would be necessary for somebody to actually get justice?
It certainly raised awareness of this family and what happened to them. I mean, this story, after the documentary came out, made international headlines. But a lot of people were following his trial. I actually joined a few Facebook groups just to try and get the temperature of the people that were watching the trial. And people were very heated. A lot of people were very angry at the hospital. And they really wanted what they saw as justice for Maya and her family.
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