Nobody Should Believe Me
Season 03, Episode 07: "Trial of the Century" (Rerun)
Release Date: May 9, 2025

Hosted by Andrea Dunlop
Produced by True Story Media

Introduction

In this rerun of Season 3's "Trial of the Century," Andrea Dunlop delves into the high-stakes Kowalski v. Johns Hopkins trial. This case has been under intense scrutiny for nearly two years, paralleling the ongoing Rady Children's lawsuit. Dunlop provides a comprehensive analysis of the trial's developments, expert testimonies, and the intricate dynamics between the opposing legal teams.

Overview of the Kowalski v. Johns Hopkins Trial

The Kowalski case centers around allegations that Johns Hopkins failed to correctly diagnose Maya Kowalski with Complex Regional Pain Syndrome (CRPS), leading to inappropriate treatments and ultimately costing Biata Kowalski her life. The plaintiffs accuse Johns Hopkins of medical malpractice, negligent hiring and supervision, fraudulent concealment, and emotional distress, among other charges. Over six years, the case has seen a reduction from 20 to five major counts, reflecting the complexities and prolonged legal battles involved.

Opening Statements: Two Sides of the Story

Plaintiff's Argument: Gregory Anderson, lead attorney for Jack Kowalski, asserts that Johns Hopkins overlooked Maya's CRPS diagnosis on seven occasions.

“Johns Hopkins missed a diagnosis of complex regional pain syndrome on seven different occasions.” ([06:59])

Anderson contends that despite knowing Maya's condition, the hospital proceeded with inappropriate treatment, effectively "kidnapping her from her family," which they argue led to Biata's tragic suicide.

Defense's Stance: Howard Hunter, lead attorney for Johns Hopkins and All Children’s, refutes these claims by emphasizing the hospital's lack of intent to harm.

“We had no reason to wish this family harm, and we still don’t.” ([08:15])

Hunter underscores that the hospital acted within medical standards, denying any connection between their actions and Biata's suicide.

Legal Proceedings and Charges

As the trial progresses, the charges have been meticulously narrowed:

1. False Imprisonment: Now limited to the period between Maya's admission to Johns Hopkins and the subsequent Department of Children and Families (DCF) order.
2. Battery: Focused solely on unauthorized photographs taken of Maya prior to her court appearance.
3. Medical Malpractice: Claims that Johns Hopkins violated the standard of care during Maya's treatment.
4. Negligent Hiring and Supervision: Pertaining to the actions of Kathy Beatty and other Johns Hopkins doctors.
5. Fraudulent Concealment: Allegations of withholding exculpatory evidence during Maya's EEG evaluations.
6. Insurance Fraud: Remaining a contested charge with parts both removed and retained.
7. Emotional Distress: Both negligent and intentional infliction claims related to Biata's death and Maya's PTSD.

The reduction from 20 to five charges over six years underscores the trial's complexity and the challenges in substantiating the plaintiffs' claims.

Jury Dynamics and Selection

Andrea Dunlop expresses concern over the jury's capacity to absorb the trial's extensive and technical information.

“Jury selection is a misnomer because when you come into the courtroom as a litigant, you’re really engaging in a process of deselecting jurors you don’t want.” ([14:01])

The current jury appears engaged and inquisitive, actively seeking clarity on procedural matters, suggesting a commitment to impartiality and thorough deliberation.

Expert Testimonies: CRPS vs. Medical Child Abuse

Defense Medical Experts: A significant majority of defense testimonies challenge the legitimacy of Maya's CRPS diagnosis, suggesting instead that Maya was subjected to medical child abuse, specifically Munchausen by Proxy (MBP).

• Dr. Elliott Crane (Stanford):
  Describes the standard treatment for CRPS as functional, involving therapies rather than high-dose medications.

  “Most of our patients are females who have CRPs. We don’t know why that is, but 10-year-old girls with CRPs are our favorite to take care of because they recover the fastest.” ([42:03])

  Dr. Crane dismisses the extreme treatments Maya received, highlighting inconsistencies with typical CRPS presentations.

Plaintiff Medical Experts: Contrastingly, the plaintiffs argue that Maya's severe condition warranted the aggressive treatments administered by Johns Hopkins. They emphasize the dire prospects without such interventions.

Dr. Sally Smith (Child Protection Team): Her testimony was pivotal in countering claims of MBP. Dr. Smith maintains that her evaluations indicated evidence of medical child abuse, challenging the plaintiffs' narrative.

“Medical child abuse is a child abuse pediatric diagnosis. There is a parallel track in psychiatry... I am very well trained to evaluate medical child abuse based on my child abuse pediatrics experience and board certification.” ([52:42])

Her direct and authoritative approach in court aims to substantiate the allegations against Biata Kowalski.

Critical Testimonies and Cross-Examinations

Dr. Sally Smith vs. Gregory Anderson: A heated exchange occurred during cross-examination, where Anderson accused Dr. Smith of not reporting Dr. Kirkpatrick's warnings against pursuing MBP claims.

“Yeah, except for the fact that you did not tell anyone in that report that he had warned you off of going after the Kowalski’s.” ([50:12])

Dr. Smith rebuked this, emphasizing her role focused solely on assessing evidence for child abuse without delving into the broader implications or internal hospital dynamics.

Biata Kowalski's Personal Accounts: The Letters

A compelling aspect of the trial involves letters written by Biata Kowalski, purported to be in Maya's voice, detailing her experiences during Maya's ketamine coma treatment in November 2015. These letters reveal:

• Medical Complications:
  Biata describes severe adrenal insufficiency and the high-risk nature of the ketamine coma procedure.

  “Despite the risks and complications, there are several good things going for me right now... I am hoping for a miracle. Ketamine coma, exclamation point, smiley face.” ([64:27])

• Emotional Struggle:
  The cheerful tone juxtaposed with the gravity of Maya's condition raises questions about Biata's motives and emotional state during the treatment period.

“I have very high tolerance for drugs. If I was a horse, I would be comatose or dead already.” ([68:25])

These letters have drawn significant public attention, echoing previous cases like Mary Welch's, where parental narratives conflicted sharply with medical evidence.

Analysis of Plaintiff's Narrative vs. Medical Evidence

Andrea Dunlop critiques the plaintiffs' reliance on emotional appeal over factual evidence. She highlights discrepancies between public portrayals (e.g., in media and films) and the documented medical realities of Maya's condition.

“The plaintiff’s strategy is just that. All heartstrings, no skepticism.” ([60:25])

Dunlop emphasizes that while the plaintiffs create a compelling emotional narrative, the overwhelming medical testimonies challenge the validity of their claims, potentially leaving the jury conflicted between empathy and factual analysis.

Pending Verdict and Future Implications

With the verdict imminent, the trial's outcome promises significant ramifications for the medical community's handling of CRPS and suspected medical child abuse cases. The verdict will not only determine the liability of Johns Hopkins but also influence future protocols and accountability measures within pediatric care settings.

Andrea Dunlop anticipates discussing Maya Kowalski's personal testimony and the trial’s verdict in the forthcoming episodes, underscoring the case's profound impact on all parties involved.

Conclusion

"Trial of the Century" offers an in-depth exploration of the Kowalski v. Johns Hopkins case, highlighting the intricate balance between medical diagnoses, legal accountability, and personal narratives. Andrea Dunlop adeptly navigates the complexities of the trial, providing listeners with a nuanced understanding of a case that sits at the intersection of healthcare and the legal system.

Notable Quotes:

• “Johns Hopkins missed a diagnosis of complex regional pain syndrome on seven different occasions.” — Dr. Bex ([06:59])

• “We had no reason to wish this family harm, and we still don’t.” — Howard Hunter, Johns Hopkins Attorney ([08:15])

• “Medical child abuse is a child abuse pediatric diagnosis...” — Dr. Sally Smith ([52:42])

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