A mom who killed herself after being accused by a Florida hospital of child abuse ‘wrote fraudulent prescriptions and was facing criminal charges,’ its been claimed.

Beata Kowalski had been giving her daughter Maya illegal infusions of ketamine after she was diagnosed with Complex regional pain syndrome (CRPS) – with prosecutors on the verge of bringing charges, a lawyer for Johns Hopkins All Children’s Hospital (JHACH) in St Petersburg, Florida, alleges.

Beata and Maya’s story was the subject of the new Netflix documentary Take Care of Maya.

Beata killed herself in January 2017, 87 days after Maya was taken into care by social workers after child abuse pediatrician Dr Sally Smith accused the mom of Munchausen’s syndrome by proxy (MSP) – harming her daughter for attention.

At the time, its been claimed that Smith was removing children from their homes at one of the highest rates of Florida’s counties, according to the documentary.

The documentary also portrayed hospital bosses as having blood on their hands over the tragedy, which saw an investigation into Beata subsequently dropped.

But JHACH has produced what it insists is new evidence showing that they were right to be concerned.

JHACH attorney Ethen Shapiro told DailyMail.com that the court has ‘already determined’ that the hospital had ‘reasonable cause to suspect Maya Kowalski’s mother was abusing her.’

In Shapiro’s response he cited partial depositions and transcripts provided to DailyMail.com from the 3,000 plus court filings connected to the case – which heads back to the courtroom for trial in September.

‘There are hundreds of publicly available court documents that completely contradict the Netflix narrative,’ said Shapiro.

Shapiro claims that it was ‘DCF (Florida’s Department of Children and Families) – not Johns Hopkins All Children’s Hospital – that investigated this situation and made the ultimate decision that it was in the best interest of the child to be sheltered at JHACH.’

In a partial deposition, with some terms redacted for Maya’s privacy, Carl Barr, a Doctor of Osteopathic medicine who the Kowalski’s saw for treatment was questioned about administering ketamine to pediatric patients.

He was also questioned about prescriptions which had his name on them but he didn’t recall filling out. 

It is suggested Beata had forged his name to obtain the drug herself. 

‘Did you ever prescribe [redacted] to Maya Kowalski,’ Barr is questioned. 

‘No I did not,’ he responded.

‘Were you aware that Maya Kowalski was being administered [redacted]?’

‘I was, and I was asked if I would do that and I told mom (Beata) that that was outside of my area of expertise,’ Barr explained. 

‘Dr. Barr, do you have any evidence in your electronic medical record of prescribing injectable [redacted] to Maya Kowalski?’ 

‘I do not have any evidence and nor do I have any recollection of ever writing [redacted],’ said Barr. 

When questioned about the redacted medication, Barr explained that it would require a prescription for narcotic and controlled substances so he would have an electronic copy of that.  

‘You did you order some home infusion medications for the Kowalskis, correct?’ 

‘Yes, Correct,’ responded Barr. 

‘But you deny [redacted] and [redacted] prescriptions?

‘Yes, I have no record or recollection of prescribing either of those medications,’ said Barr.

Shapiro cited the filing and claimed: ‘Beata had been fraudulently filling prescriptions for medications under the physician’s name, prescriptions he neither wrote nor authorized.’ 

‘Carl Barr D.O. who testified that he never prescribed certain medications for Maya and does not know where Mrs. Kowalski would have gotten them or why they are filed under his name.’

DailyMail.com is working to obtain the full, unredacted deposition for further context. 

Meanwhile, a separate deposition into Maya’s case suggested charges were being brought against Beata before her suicide.

Detective Stephanie Graham, of Sarasota County Sheriff’s Office, reportedly told investigators that multiple reports about the Kowalskis had been made to social services.

She said these were separate to the allegations made by Smith, the child abuse pediatrician who first accused Beata after her investigation.

And hinting at what was to follow, Graham added:  ‘I’m conducting an investigation. It doesn’t include beyond a reasonable doubt. That’s for a courtroom.’ 

DailyMail.com has contacted the Kowalski family and their legal representation for comment but they did not immediately reply. 

AndersonGlenn LLP has since launched a lawsuit against JHACH and a trial date has been set for September with the Kowalski family seeking $55 million in compensatory and $165 million in punitive damages. 

Anderson, who founded the firm in 1990 and focuses on corporate and commercial litigation, admiralty and personal injury law said the incidents of late 2016/early 2017 have had an ‘irreparable’ affect on Maya, her father Jack and her brother Kyle.

‘The horrific events from the October 7, 2016 admission through Maya’s release on January 14, 2017 have been well-documented,’ Anderson told DailyMail.com exclusively. 

‘These events amount to an abduction, incarceration and abuse of a 10 year old girl. Her parents were irreparably defamed and damaged. 

‘Beata took her own life to free her daughter from ‘care’ by Johns Hopkins. The resulting litigation has been the worst I’ve seen.’

He said the incident took place in the fall of 2016. Maya was released and the Kowalskis exonerated Jan 14 2017 – after Beata took her own life Jan 8.

‘We were retained in the fall of 2017 and sent our first demand letters for information in December. We filed suit in 2018 – that was five years ago, five years of brutal litigation,’ he said.

‘The Kowalskis have incurred millions in legal fees and costs. Maya, Jack and Kyle will need medical care and therapy for the rest of their lives.’

The ordeal started when Maya was nine, and she began suffering from excruciating headaches, asthma attacks and painful lesions that formed on her arms and legs, as well as cramping and curling sensations in her feet.

When doctors at a local hospital were baffled with her medical condition Maya’s parents started doing research on their own.

Maya’s mom, a registered nurse, discovered that her daughter may have the condition complex regional pain syndrome (CPRS) and after visiting a specialist, this was confirmed.

Dr. Anthony Kirkpatrick, an anesthesiologist and pharmacologist in Tampa who specializes in CRPS, gave Maya the anesthetic drug ketamine through infusions.

He then recommended a more aggressive treatment, described as a ‘ketamine coma’ – where the patient receives five days of treatment to essentially ‘reset’ the nervous system.

The procedure, still experimental, had not yet been approved by the FDA so Maya and her family traveled to Mexico in 2015 – despite knowing the risks involved.

The teenager said she felt ‘amazing’ after the procedure and continued to receive ketamine infusions to manage flare ups as the specialist said there was no cure for the disorder.

Less than a year after the experimental treatment, Maya was rushed to the Johns Hopkins All Children’s Hospital in St. Petersburg, Florida with excruciating stomach pain.

Maya’s parents told the medical team treating her that she had CRPS and needed high doses of ketamine – which they believed was the only way to help alleviate their daughter’s crippling pain.

Hospital staff reportedly alerted protective services who later accused Beata of child abuse due to MSP.

‘One of the most startling injuries which will come out at trial is the exacerbation of Maya’s CRPS as a result of Johns Hopkin’s malpractice in misdiagnosing CRPS as Munchausen by proxy (MSP),’ Anderson said.

‘Maya was fortunate to finally locate experts who put her in the care she needed, specifically Ketamine therapy and more gentle forms of physical therapy involving warm water exercises.

‘CRPS caught early and treated using the most advanced therapies need not be a death sentence or destroy someone’s life.’

Anderson said that when Maya relapsed she could have ‘very successfully’ recovered but Johns Hopkins ‘removed all proven therapies and treated her as a psychiatric patient.’

‘As a consequence, her CRPS is now a threat to her life and will manifest over her ’30’s-early ’50’s with more frequent, longer duration and more severe and painful events,’ he said.

Smith, who has since retired, was regarded as some what of a ‘doyenne in her field’ and was formally asked to investigate Maya’s case after Beata was deemed to have ‘mental issues.’

Dr. Anthony Kirkpatrick, who first diagnosed Maya with CRPS, confirmed her diagnosis to Smith in her initial investigation. 

He also formally warned that a child abuse case would cause ‘needless and permanent harm to the child and family,’ according to The Cut.

However, Smith filed the case without including Kirkpatrick’s warnings, according to the documentary.

After Maya’s symptoms did not improve her Munchausen’s by proxy diagnosis was withdrawn. Smith and other doctors began to believe she was entirely fabricating her symptoms.

Beata was also formally evaluated and diagnosed with a depressive mood and adjustment disorder upon being separated from her daughter.

Smith retired in July this year telling the outlet that she’s not a ‘horrible person whose goal in life is to disrupt families.’

‘I have spent my adult life attempting to serve children in my community to ameliorate conditions of abuse and neglect,’ she said. 

‘I wish our society did more to help struggling families to provide safe, nurturing homes to their children. 

‘I’m not a big proponent of punitive approaches for such families contrary to media portrayals about me.’

In December 2021 Smith and the Suncoast Center settled their portion of the lawsuit with the Kowalski family. 

When DailyMail.com reached out to JHACH, Danielle Caci, a hospital spokesperson, said they are ‘extremely limited in the amount of information we can release.’

Source: | This article originally belongs to Dailymail.co.uk