Tuesday, November 7, 2023

Maya Kolwalski and familY: Bulletin. Ongoing $220 Million legal action against John Hopkins All Children's Hospital. (JHACH' Daily Mail reports that the jury has begun its deliberations. (Daily Mail reports at link below):

GIST: "Greg Anderson, the family's attorney, made a fiery rebuttal accusing JHACH of having no oversight over Maya's treatment while in their care.

'This is Johns Hopkins All Children's Hospital, this is who they really are,' Anderson said to the court.

'It's a place that retaliates against its own employees for bringing things out that are negative and retaliates against anyone, any parent, who decides they want to do something different.

'This case is about an organization that is so screwed up that it actually thinks it's a good idea to force parents to accept their way of doing things and if the parents don't they have to find different ways to punish them.

Anderson claimed that there needs to be a 'captain of the ship, and there never was.'

'It was totally dysfunctional the way this hospital operated,' he said.

'No one was checking no one was making sure to see how this child was being taken care of, no one was looking to see how their own employees were behaving and it wasn't just one.'

Ethen Shapiro, an attorney for the hospital, tore to shreds the seven allegations against the medical facility pleading to the jury to listen to facts and not to hand down a verdict based on sympathy.

'The most unfortunate parts of this case is the caption, Kowalski's versus All Children's, we were never against the Kowalski family,' Shapiro said.

'The reason why All Children's did what it did, the reason why All Children's tried to comfort Maya, the reason why All Children's tried to get her on a safe medical path is because the loving and caring providers and my client's hospital believed in a better future for her.

'If they could get her off the unnecessary drugs given at dangerous levels. Period. End of story.

Shapiro stressed to jurors that if there was any cause for punitive damages to be paid to the Kowalski family to do so, but vehemently denied the allegations against his client.

'There's nothing outrageous that the hospital ever did, there's no reason to be considering punitive damages, your work can end with your deliberations.

'What we need in this courtroom is closure for everybody.'


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;



FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;


FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;



David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”