The subject of the Netflix documentary "Take Care of Maya" has asked a Florida appeals court to reconsider its decision reversing a $213 million judgment, saying the court needs to clarify how far the immunity that state law grants to those who report possible child abuse extends.

In her motion filed Wednesday, Maya Kowalski asked Florida's Second District Court of Appeal for a rehearing en banc on whether Section 39 of the Florida Statutes, which immunizes good faith reports of suspected child abuse, also grants immunity to Johns Hopkins All Children's Hospital for tortious acts a jury found the facility committed while Maya was in its custody.

Kowalski called the issue one of "exceptional importance" and pointed to a second part of the statute that says the law does not grant immunity to "any person suspected of having abused, abandoned or neglected a child, or committed any illegal act upon or against a child."

"Because of the importance of Subsection (1)(b) to the interpretation of the immunity under Subsection (1)(a), as appellees discussed in their answer brief and at oral argument — and because of the importance of this issue for the tort claims remanded for trial — appellees ask the court to clarify its opinion by expressly recognizing the limitation provided by Subsection (1)(b)," Kowalski said.

The Second District last month reversed a $213 million judgment in favor of the Kowalskis, who claim the hospital staff's treatment of then-10-year-old Maya Kowalski during her three-month stay at the St. Petersburg, Florida, hospital starting in late 2016 led to the suicide of her mother, Beata Kowalski. Maya had been removed from her parents' custody because of medical child abuse suspicions, which the hospital reported.

The documentary "Take Care of Maya" was released on Netflix in June 2023.

The appeals court said the trial court correctly granted immunity to JHACH under Chapter 39 but then erred by allowing the jury at trial to hear "significant and inflammatory testimony" regarding the restrictions put in place by the dependency court after Maya was removed from her parents' custody and forced to shelter at the hospital.

The appeals court said the statutory immunity from liability is not absolute and does not include actions done in bad faith, but that nothing in the record suggests that the hospital's implementation of the dependency court orders was not done in good faith.

"JHACH argues that the trial court's errors in interpreting and applying Section 39.203(1)(a) immunity should result in a new trial for all claims," the appeals court said. "We agree that the trial court's rulings on Section 39.203(1)(a) immunity permeated the entire trial; a new trial is required on all counts not otherwise disposed of by this opinion."

The appeals court left a few tort claims, including Maya's claim of intentional infliction of emotional distress by hospital staff, to be tried again.

The Kowalskis took Maya to the JHACH emergency room in October 2016 because she had severe stomach pain. Beata Kowalski's demands that the doctor administer high doses of ketamine to Maya raised red flags for medical child abuse and prompted a call from the hospital to the Florida Department of Children and Families.

After the agency removed Maya from her parents' custody a few days later, she remained under the hospital's care for 97 days. Beata Kowalski took her own life in January 2017.

The Kowalskis sued, blaming her suicide on the hospital's treatment of Maya. In November 2023, a jury in Sarasota awarded $211 million in compensatory damages and $50 million in punitive damages to Maya and her family, finding the hospital liable on all counts. Judge Carroll later denied the hospital's request for a new trial but did shave more than $47 million off the damages award.

Maya, who turned 18 in December 2023, first came down with severe pain in July 2015 that left her unable to walk and required her to use a wheelchair. Doctors at various institutions suspected conversion disorder, or functional neurological disorder, a psychiatric condition in which mental health issues can cause physical symptoms, including serious pain. But medical professionals testified that Maya's mother did not accept that diagnosis.

Beata Kowalski instead sought high-dose ketamine treatments for complex regional pain syndrome, and in November 2015 she took Maya to Monterrey, Mexico, for ketamine treatments that put her into a weeklong coma.

Maya has not had any ketamine treatments since leaving the hospital in January 2017, about a week after her mother's death. She no longer uses a wheelchair.

Johns Hopkins All Children's Hospital is represented by Chris W. Altenbernd and Eleanor H. Sills of Banker Lopez Gassler PA, Derek M. Stikeleather and M. Peggy Chu of Goodell Devries Leech & Dann LLP and C. Howard Hunter, Ethen Shapiro and David Hughes of Hill Ward Henderson.

Kowalski is represented by Michael G. Tanner, Kenneth B. Bell and Justin T. Delise of Gunster Yoakley & Stewart PA, Raymond T. Elligett Jr. and Amy S. Farrior of Buell Elligett Farrior & Faircloth PA and Seldon J. Childers and Nicholas P. Whitney of Childers Law LLC.

The case is Johns Hopkins All Children's Hospital Inc. v. Kowalski et al., case number 2D2024-0382, in the Second District Court of Appeal of the State of Florida.