The woman at the center of a famous medical malpractice case, along with her family, has now accused her former attorneys of fraud and other violations in their duties.
Maya Kowalski first gained notoriety from a 2023 Netflix documentary called "Take Care of Maya." A jury ruled that year that Johns Hopkins All Children's Hospital falsely imprisoned Maya when she was 10 years old, contributing to her mother's suicide.
However, a Florida appeals court reversed the $213 million award last year — while keeping the door open for a new trial.
On Wednesday, the Kowalski family filed a lawsuit in Sarasota County Circuit Court against their former attorneys, Gregory and Jennifer Anderson.
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In the filing, the Kowalskis accuse the Andersons of constructive fraud, taking excessive fees from settlement proceeds, and committing "flagrant, serious and repeated violations of their professional, ethical and fiduciary duties" throughout the tenure of their attorney-client relationship.
The Andersons dispute all the allegations against them.
"We categorically deny any allegations of wrongdoing and are truly saddened and stunned, as anyone with a sense of understanding of what this 8-year litigation took to assist the Kowalskis, personally, from our own family," Jennifer Anderson wrote in an email reply for comment from WUSF. "We will continue to abide by the Court's decisions in these matters. We hope that there will be a fair resolution as soon as possible."
Controversy following the 2023 verdict
The complaint details how, following the 2023 judgment, the Kowalskis and Andersons became involved in an “advanced funding transaction” in which the family borrowed around $42.1 million from third-party lenders.
This transaction included millions in transaction costs, broker fees, insurance premiums, restrictions affecting settlement and litigation decisions, and more. The complaint said the attorneys assumed roles beyond counsel, such as those connected to collateral, account control and administration of the transaction.
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The family also accused the Andersons of failing to fully disclose the risks, ethical issues or conflicts of interest associated with the transaction and advanced funding. The complaint also mentions a 2024 email in which Greg Anderson assured the family the money they received from advanced funding was safe and secure "regardless of the appeal" and that "no one can take any of it from you. Ever."
The lawsuit alleges the Andersons misrepresented the use of money they took from the family's trust accounts. For example, a yacht purchase, hours on a private jet, using a consumer loan secured by client trust funds for a mortgage on an Idaho vacation home, and paying off various credit cards.
A dispute over attorney fees centers in part on a new fee agreement Maya Kowalski says she signed shortly after turning 18 in December 2023. In a March 18 sworn declaration, Kowalski, now 20, said Gregory Anderson presented the agreement during a hotel stay while she was emotionally vulnerable.
She said she signed the agreement but was not told that the arrangement might conflict with Florida Bar rules, that the fee percentages exceeded limits under those rules, or that court approval might be required.
Kowalski’s declaration also alleges Anderson did not explain the full financial implications of the advance funding loan, including total costs, fees, interest, repayment obligations, or possible restrictions on decisions involving the case, including settlement, appeal, retrial, or changing attorneys.
Jury trial demanded
In the lawsuit, the family is also claiming constructive fraud. According to the complaint, this happens when a duty under a "confidential or fiduciary relationship has been abused or where unconscionable advantage has been taken."
The lawsuit also alleges the Andersons placed their own financial interests ahead of the Kowalskis' and took actions to benefit themselves at the family's expense.
"By exploiting the trust and confidence reposed in them as attorneys, and by using their fiduciary positions to obtain substantial financial advantages for themselves by concealing or failing to disclose material information to their clients, the Anderson Parties obtained an unfair advantage over the Kowalskis and committed constructive fraud."
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They also say the Andersons have claimed almost $15 million for fees and costs. And that the Kowalskis do not possess the complete records necessary to determine the disposition of all money.
The family is requesting a jury trial. They all are demanding the court require the Andersons to provide a complete accounting, appoint an accountant if necessary, and surcharge the Andersons for any "improper transactions, costs and grant such other relief as justice requires."
Information from WUSF's Rick Mayer was used in this report.
