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[advocate] This is one
of the most screwed-up parts
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of the United States system, period.
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It's unethical, and it's immoral.
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Parents have no rights.
Parents have no rights.
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I know it would've been kinder
for them to shoot you
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than to take your child away.
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[mother] Why, for so many years,
no one has changed this?
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This is screwed up.
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[advocate] That is why I'm telling you,
when you get your child back,
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you leave that hospital,
and you never ever go back.
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[woman] I'm gonna be frank. I'm appalled
at what this child has had to go through.
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- [child] Monster!
- [mother] No monsters. Mommy's here.
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[woman] I feel like you had
your head in the sand.
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[man] I trusted the doctors.
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[bailiff] Do you solemnly swear
the testimony you give is the truth,
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the whole truth,
and nothing but the truth?
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I swear.
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[mother] I can't help it.
I'm fighting for my child.
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How should I feel?
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[man, crying] Oh my God.
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[911 dispatch]
Tell me exactly what happened.
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[young woman] You have the audacity
to ask me why I'm afraid of hospitals?
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You traumatized me!
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[bailiff] All rise. This 12th
Judicial Circuit Court is now in session.
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[child] I miss you,
and I hope I get to see you soon.
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[mother] I'm sure you will see me
pretty soon.
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We just have to be patient, okay?
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[waves breaking]
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[birdsong]
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[man] We build a family with love.
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- Honesty.
- [children shouting excitedly]
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Trust.
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We, as parents, try to do
the best we can for our children.
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You do everything for them.
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That's what Beata and I did.
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But there's nothing that could prepare me
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for what I went through with my family.
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[sighs]
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Nothing.
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[court clerk] This marks the beginning
of the deposition of Jack Kowalski.
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We are on the record.
October 25th, 2021, at 9:02 a.m.
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[lawyer 1] Mr. Kowalski, I'd like to ask
a little bit about your wife.
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[Jack] I started falling in love
with Beata right away.
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She had something special about her.
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It was in her eyes.
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She was genuine.
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She was magic, you know?
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Beata came here from communist Poland
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when she was 16 years old.
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She went to high school in Chicago,
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and I remember her telling me
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that one of her teachers said
she was never gonna make it
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because she don't know
how to speak English too well.
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And that's not the thing to tell Beata,
because she didn't take no for an answer.
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And yes, I did hear "no"
a lot of times where I was wrong.
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[laughs]
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She put herself through college,
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and she became a nurse
in the cardiac cath lab
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at Loyola University Medical Center.
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She proved them wrong.
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Beata wanted nothing more
than to have her own child.
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Right away, she planned
how the room was gonna be,
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and she would go out
and buy clothes and decorate.
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From the very beginning,
I knew she was gonna be a great mother.
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Unfortunately, we had some difficulty
having a child.
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But no matter how stressful it was,
Beata wasn't gonna give up.
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- [heartbeat]
- She would not give up.
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And that's when Maya was born.
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[crying]
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Beata always made sure
that Maya had the best of the best.
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Piano lessons. Polish school.
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She wrote little notes
about everywhere Maya went.
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It was just the warm feeling
of having more to share in our lives.
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And then, two years later, Kyle was born.
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Stroke of luck.
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No... No trying! [laughs]
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- [guitar playing]
- ♪ I found myself dreamin' ♪
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♪ In silver and gold ♪
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♪ Like a scene from the movies ♪
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♪ That every broken heart knows ♪
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[Jack] In early spring of 2015,
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life was good.
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Beata was working as an infusion nurse,
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helping people
with their treatments at home.
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I was a firefighter,
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and then eventually retired,
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and I was able
to spend more time with the kids.
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We had a beautiful house,
beautiful neighborhood.
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Dream come true. Paradise.
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But then Maya started to get sick.
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[court clerk] This marks the beginning
of the deposition of Maya Kowalski.
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We are on the record.
Friday, October 15, 2021.
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[lawyer 1] Hi, Maya. Um...
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Now, back during the period of time,
you know, 2015 to 2017,
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I'd like to get an idea of what type
of symptoms you had back then.
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Do you recall?
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I remember I was in a great deal of pain.
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My arms, my legs, my feet.
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I would always feel very lethargic,
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and I wasn't able
to move as efficiently anymore.
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We didn't know the exact cause,
and it got progressively worse.
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- [man] When did she start having problems?
- [Beata] So...
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At first, I didn't think much of it.
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I just thought it was her asthma.
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- But then she had chest congestion.
- [doctor] Mm-hmm.
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- Okay.
- [Beata] Coughing up yellow-green sputum.
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- [doctor] Okay.
- [Beata] Sinus infection.
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And she couldn't go outside.
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Every time she went outside,
she started to cough.
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[doctor] Mm-hmm.
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[Jack] It all started
with some breathing problems.
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Uh, she had a respiratory infection.
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[coughing]
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[Jack] She was experiencing headaches,
blurred vision.
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- Her skin felt like it was on fire.
- [Maya wheezing]
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[Beata] That doesn't feel good
when I touch your legs, right?
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[Jack] Her legs were turning in.
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- [woman] You can do it. You can do it!
- [Beata] You're almost by Mommy.
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- [Jack] She couldn't walk.
- [Beata] Almost there.
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- [Beata] I know.
- [Maya] I can't take it!
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I can't take it! [crying]
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[Jack] I remember hearing her crying
throughout the night in extreme pain.
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[Beata, faintly] I know.
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But we had no answers.
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That was not acceptable for us.
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- [Maya coughing]
- [horn blares]
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- [coughing continues]
- [Beata] Maya.
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- [Maya whimpering]
- [Beata] Be strong.
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[Maya] I'm trying to be strong.
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[straining and coughing]
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[Jack] We went to doctor after doctor,
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one hospital to another,
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trying to get an answer.
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And as a nurse, Beata was very thorough,
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so she documented every doctor visit
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from the very beginning,
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but they just put their arms up in the air
and said, "There's nothing we can do."
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"We don't know what it is."
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[doctor] I hear your story.
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I understand she's been going through
a heck of a lot of stuff,
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but I'm still not certain
of what we're dealing with,
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to be honest with you.
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- A kid can tell you, "I can't breathe..."
- [Beata] Mm-hmm.
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[doctor] How do I know
she's not having an anxiety attack?
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- [Beata] Well...
- [doctor] There's a lot of question marks.
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[Beata sighs]
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[typing]
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[doctor] Just give me one second.
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[door closes]
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- [Beata sighs]
- [Maya] Mom, it's not anxiety.
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00:09:00,414 --> 00:09:02,750
- [Beata] I know, baby. I know.
- [Maya whimpers]
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[Beata] He's just trying to figure it out.
You just stay as calm as you can.
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[Jack] We knew, as parents,
something was wrong,
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and they are not doing enough.
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So when Beata got home,
she didn't go to bed.
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She researched.
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And that's when she ended up
finding Dr. Kirkpatrick.
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[man] Maya, is it okay if we can use
this video to educate other children?
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- Yeah.
- [man] Okay, good.
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Let's go over your history a little bit.
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Approximately three months ago,
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you started having some pain
down in your feet here, okay?
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You see how her legs are turning in?
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We call that dystonia, okay? Dystonia.
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In fact, it's so bad right now
she can't even bear weight safely, okay?
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- Ready for testing?
- [Maya] Yeah.
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[Kirkpatrick] Take that right hand,
as best you can,
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and see how far you can get it
before you have to stop, okay?
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Is that... That's it, right there?
Very good, Maya.
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Now we're gonna ask your mom to help you.
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She's gonna get over here,
and she's gonna hold your foot up
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and try to wiggle your toes
as best you can, okay?
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Can you try that?
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You giving it everything you got there?
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- Mom, you don't see any movement, do you?
- [Beata] No.
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[Kirkpatrick] Okay, Mom. Good job.
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Maya, would you like to have a blanket...
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[Kirkpatrick] When I first saw
the Kowalskis in September 2015,
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00:10:29,587 --> 00:10:33,466
it was obvious
what the problem was with Maya.
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00:10:33,549 --> 00:10:36,552
It was clear and simple CRPS,
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00:10:36,636 --> 00:10:39,472
complex regional pain syndrome.
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[narrator] This videotape
has been prepared
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00:10:41,515 --> 00:10:45,394
in consultation
with Dr. Anthony Kirkpatrick.
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[Kirkpatrick] What is complex
regional pain syndrome?
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00:10:48,022 --> 00:10:51,317
The best way to think about it
is the way it evolves.
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00:10:51,400 --> 00:10:53,235
Let's say you have an injury.
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You know that probably in a week or two,
the pain's gonna go down,
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00:10:57,907 --> 00:11:01,410
the swelling's gonna go down,
the redness and all that's gonna go down.
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00:11:01,494 --> 00:11:04,538
But what happens
in these patients with CRPS
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00:11:04,622 --> 00:11:08,334
is that it actually intensifies
over that period of time.
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00:11:08,834 --> 00:11:10,961
[narrator] Published case studies indicate
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00:11:11,045 --> 00:11:14,674
that the incident of CRPS
increases dramatically
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00:11:14,757 --> 00:11:16,676
between nine and 11 years old,
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00:11:16,759 --> 00:11:19,553
and it is found predominantly
in young girls.
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00:11:19,637 --> 00:11:22,598
[Kirkpatrick] The patients describe it
primarily as a burning sensation.
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00:11:22,682 --> 00:11:26,644
That their skin becomes
exquisitely sensitive to light touch.
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00:11:26,727 --> 00:11:29,980
[woman 1] Picture a floating feather,
soft to our touch.
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00:11:30,064 --> 00:11:32,024
Patients say this feels more like
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00:11:32,108 --> 00:11:34,443
a knife stabbing their body.
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00:11:35,236 --> 00:11:38,072
The syndrome was first described
over 100 years ago,
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00:11:38,155 --> 00:11:41,701
but it was only recognized
in modern medicine in the 1990s.
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00:11:41,784 --> 00:11:45,830
Still, many don't know the problem exists,
and many of those suffering were told
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00:11:45,913 --> 00:11:48,791
the problem was
psychological and imagined.
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00:11:48,874 --> 00:11:51,502
[Kirkpatrick] After my initial evaluation
for Maya,
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00:11:51,585 --> 00:11:55,297
it was clear to me that,
because of the magnitude of her symptoms,
206
00:11:55,381 --> 00:11:58,509
the lesions,
this burning sensation in her legs,
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00:11:59,093 --> 00:12:01,595
and the pain throughout her entire body,
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00:12:01,679 --> 00:12:04,265
that Maya had advanced CRPS
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00:12:04,348 --> 00:12:07,893
that we had to right away
get aggressive with and get under control.
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00:12:09,478 --> 00:12:13,566
We've treated over 3,000 patients
with complex regional pain syndrome.
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00:12:14,775 --> 00:12:17,361
And we know
what the best therapy is for it.
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00:12:18,362 --> 00:12:19,613
It's called ketamine.
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00:12:20,322 --> 00:12:23,576
[woman 2] A drug typically known
for its recreational use in clubs
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00:12:23,659 --> 00:12:28,289
is now making another name for itself
among pain-management specialists.
215
00:12:28,372 --> 00:12:31,250
It's called ketamine,
and medical experts are using it
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00:12:31,333 --> 00:12:34,044
to treat patients
suffering from chronic pain.
217
00:12:35,129 --> 00:12:38,340
[Kirkpatrick] Ketamine is a safe,
effective treatment
218
00:12:38,424 --> 00:12:40,968
for advanced complex
regional pain syndrome.
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00:12:42,970 --> 00:12:45,347
Because when the ketamine
gets into your body,
220
00:12:45,431 --> 00:12:50,102
it actually stimulates the brain
and kind of resets everything.
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00:12:51,896 --> 00:12:54,982
It tends to increase your blood pressure,
increase your circulation,
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00:12:55,065 --> 00:12:56,525
and increase your breathing.
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00:12:58,027 --> 00:13:01,489
With Maya,
we first tried the outpatient procedure
224
00:13:01,572 --> 00:13:03,073
at a relatively low dose...
225
00:13:03,157 --> 00:13:04,700
- [Kirkpatrick] Any pain?
- Um...
226
00:13:04,784 --> 00:13:05,910
...but it was not working.
227
00:13:05,993 --> 00:13:07,077
Just here...
228
00:13:07,161 --> 00:13:10,664
So I discussed with the mother
and with Maya
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00:13:10,748 --> 00:13:13,626
the idea of the ketamine coma procedure.
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00:13:14,960 --> 00:13:19,256
[anchor] Some patients are taking control
of their pain by going into a coma.
231
00:13:19,840 --> 00:13:23,135
Here, doctors use
up to 50 times the typical dose
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00:13:23,219 --> 00:13:25,346
to induce a five-day coma.
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00:13:25,429 --> 00:13:27,890
You see enough patients,
you know how they deteriorate.
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00:13:27,973 --> 00:13:28,891
Nothing is working.
235
00:13:28,974 --> 00:13:31,894
Surgery doesn't work, drugs don't work,
nerve blocks don't work,
236
00:13:31,977 --> 00:13:34,605
and you do this one thing, and it works.
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00:13:34,688 --> 00:13:36,065
[anchor] Dr. Kirkpatrick says
238
00:13:36,148 --> 00:13:39,360
the experimental treatment
is only available in Mexico.
239
00:13:39,985 --> 00:13:43,864
When this was told to me,
that we would have to go to Mexico,
240
00:13:43,948 --> 00:13:45,324
I... I was in disbelief.
241
00:13:45,407 --> 00:13:46,760
[Kirkpatrick]...flat on your back...
242
00:13:46,784 --> 00:13:51,622
[Jack] And then he told us that there's
a chance that she could potentially die.
243
00:13:51,705 --> 00:13:53,874
[Kirkpatrick] I have a feeling
she'll do very well.
244
00:13:53,958 --> 00:13:55,668
[Jack] It was very scary,
245
00:13:56,961 --> 00:13:59,296
but there was no other options.
246
00:13:59,380 --> 00:14:03,050
It was that,
or see Maya deteriorate every day.
247
00:14:06,136 --> 00:14:10,140
So we decided
to take her to Monterrey, Mexico.
248
00:14:14,061 --> 00:14:16,438
[heartbeat]
249
00:14:16,522 --> 00:14:18,232
[ventilator hissing]
250
00:14:20,776 --> 00:14:23,529
- [Maya, crying] I will wake up?
- [Beata] Yes, you will.
251
00:14:23,612 --> 00:14:26,407
- [Maya] Will I be normal?
- [Beata] Yes. You are normal.
252
00:14:26,490 --> 00:14:28,951
Yes, and you'll be very normal
when you wake up.
253
00:14:29,618 --> 00:14:31,620
- [Maya] I feel weird.
- [Beata] You're not weird.
254
00:14:31,704 --> 00:14:33,289
[Maya] I feel very weird.
255
00:14:34,039 --> 00:14:36,017
- [doctor 1] Has the...
- [Maya] I feel very weird.
256
00:14:36,041 --> 00:14:39,628
- [Beata] You're doing great.
- [doctor 2] She's doing well. Responsive.
257
00:14:40,337 --> 00:14:43,716
[lawyer 1] I'd like to go back
to the ketamine coma in Mexico.
258
00:14:44,425 --> 00:14:46,802
Do you remember anything
about that hospitalization?
259
00:14:47,303 --> 00:14:50,347
Uh, yeah. I remember being in the room.
260
00:14:51,974 --> 00:14:54,310
It was a higher dosage, and therefore,
261
00:14:54,393 --> 00:14:57,855
I experienced more of the side effects,
like the hallucinations.
262
00:14:58,981 --> 00:15:03,611
But I know that my mom was there with me,
and that helped.
263
00:15:06,113 --> 00:15:08,198
[Beata] Here is coma day one,
264
00:15:08,824 --> 00:15:11,327
Wednesday, November 18th.
265
00:15:12,161 --> 00:15:13,579
Maya is doing well.
266
00:15:13,662 --> 00:15:16,415
Today is Friday, November 20th.
267
00:15:16,498 --> 00:15:18,626
This is day three coma.
268
00:15:18,709 --> 00:15:20,377
Maya is doing great.
269
00:15:21,462 --> 00:15:23,422
It's coma day five.
270
00:15:24,214 --> 00:15:28,469
She, uh, had a bad episode this morning
of vomiting,
271
00:15:28,552 --> 00:15:31,472
so they had to give her extra ketamine.
272
00:15:32,348 --> 00:15:36,685
This is coma day six, 11-22-15.
273
00:15:37,186 --> 00:15:38,562
I love you, Maya.
274
00:15:39,271 --> 00:15:43,525
Daddy loves you.
Kyle loves you. Corinne loves you.
275
00:15:44,109 --> 00:15:45,569
Everybody loves you.
276
00:15:45,653 --> 00:15:47,655
[heartbeat]
277
00:15:47,738 --> 00:15:49,198
[ventilator hissing]
278
00:15:50,532 --> 00:15:52,493
- [Beata] No! No, no, no, no.
- [Maya screaming]
279
00:15:52,576 --> 00:15:55,204
[Beata] Keep that... Keep that on.
Don't lift that.
280
00:15:55,287 --> 00:15:58,123
- [Maya] Mommy!
- [Beata] Yes, Mommy's right here.
281
00:15:58,207 --> 00:15:59,667
- [Jack] Hey.
- [Maya whimpering]
282
00:15:59,750 --> 00:16:02,753
- [Beata] I'm right here.
- [Maya] Mommy, monster, monster, monster...
283
00:16:02,836 --> 00:16:07,174
[Beata] No monsters. Mommy's here,
and Mommy's not a monster, okay?
284
00:16:13,889 --> 00:16:17,476
[doctor] Maya, remember... remember
we were gonna ask you some questions?
285
00:16:17,559 --> 00:16:19,687
Your mom wants
to ask you some questions, okay?
286
00:16:19,770 --> 00:16:21,539
- Yes.
- [Jack] Okay, don't touch your glasses.
287
00:16:21,563 --> 00:16:23,440
- [doctor] Okay, Mom?
- Yes?
288
00:16:23,524 --> 00:16:25,567
- Hello, Maya.
- Yes?
289
00:16:25,651 --> 00:16:27,903
- It's Mommy. You remember Mommy?
- Yes.
290
00:16:27,987 --> 00:16:29,613
- Yes.
- Okay, good.
291
00:16:29,697 --> 00:16:33,784
- Who... Uh, what's the name of your brother?
- Kylie.
292
00:16:33,867 --> 00:16:35,703
- [Jack] Good girl!
- [Beata] Wow!
293
00:16:35,786 --> 00:16:39,456
[doctor] So she's doing fairly well,
and she, um... She's got the wiggles.
294
00:16:39,540 --> 00:16:44,211
That's not unexpected, and I would say
she hasn't had any adverse hallucinations.
295
00:16:44,294 --> 00:16:45,963
- Would you agree?
- I agree with that.
296
00:16:46,046 --> 00:16:48,716
[doctor] All right.
So, Maya, here's one question.
297
00:16:48,799 --> 00:16:50,259
- Are you ready?
- Yes.
298
00:16:50,342 --> 00:16:52,011
[doctor] Show me the sign, Maya.
299
00:16:52,094 --> 00:16:54,054
- Show me the sign.
- This.
300
00:16:54,138 --> 00:16:57,307
[doctor] There you go! Hey! She's got it.
301
00:16:57,391 --> 00:16:59,768
[chants] She's got it. She's got it!
302
00:17:02,771 --> 00:17:06,400
[Jack] Maya came out of the coma,
and she was better.
303
00:17:07,401 --> 00:17:12,948
[chuckling] She said she was hungry,
which was... a huge relief to hear.
304
00:17:14,867 --> 00:17:16,410
[Maya] The coma worked.
305
00:17:16,493 --> 00:17:19,747
The ketamine helped me tremendously
with my pain.
306
00:17:20,581 --> 00:17:23,167
I had a little bit
of short-term memory loss,
307
00:17:23,250 --> 00:17:26,879
and sometimes
things were really blurry with my vision,
308
00:17:26,962 --> 00:17:29,298
but I was willing
to have those side effects
309
00:17:29,381 --> 00:17:31,008
if it was gonna help me overall.
310
00:17:34,470 --> 00:17:37,347
[Kirkpatrick] Okay, Maya.
It's, uh, now January 6,
311
00:17:37,431 --> 00:17:39,224
and you had your ketamine coma.
312
00:17:39,308 --> 00:17:42,686
Now, having been through all that,
is... was it worth it?
313
00:17:42,770 --> 00:17:44,146
- Yes.
- [Beata] Helped a lot.
314
00:17:44,229 --> 00:17:47,983
- Especially with the headaches?
- Yes, her headaches are a lot better.
315
00:17:48,067 --> 00:17:49,943
- [Kirkpatrick] Yep.
- They're minor now.
316
00:17:50,027 --> 00:17:51,129
- Yeah.
- [Kirkpatrick] Right.
317
00:17:51,153 --> 00:17:53,363
- Her pain in the legs is better.
- [Kirkpatrick] Right.
318
00:17:53,447 --> 00:17:55,032
- It's getting...
- So... yeah.
319
00:17:55,115 --> 00:17:56,676
- [Kirkpatrick] Right...
- It's all better.
320
00:17:56,700 --> 00:17:59,411
[Kirkpatrick] Let's do some testing, Maya.
Are you ready for that?
321
00:17:59,495 --> 00:18:01,747
Take that right hand,
put it behind your head.
322
00:18:01,830 --> 00:18:04,625
You couldn't do that, no way, before.
Any pain when you do that?
323
00:18:04,708 --> 00:18:05,709
Not really, no.
324
00:18:05,793 --> 00:18:08,337
[Kirkpatrick] Not really, okay.
Now do the other side, please.
325
00:18:08,420 --> 00:18:10,422
- Again, you couldn't do that before.
- No.
326
00:18:10,506 --> 00:18:12,650
[Kirkpatrick] And we talked about
how important it is...
327
00:18:12,674 --> 00:18:14,551
[Jack] When we got back from Mexico,
328
00:18:14,635 --> 00:18:18,097
we couldn't afford to keep up
with Dr. Kirkpatrick's treatments,
329
00:18:18,180 --> 00:18:22,935
so he recommended his colleague Dr. Hanna,
who took our insurance
330
00:18:23,018 --> 00:18:26,647
and prescribed low dosages
of ketamine for Maya.
331
00:18:29,733 --> 00:18:32,069
[Beata] That's better. I love you.
332
00:18:32,653 --> 00:18:33,779
[Maya] I love you too.
333
00:18:34,404 --> 00:18:36,115
[Beata] Now go down slowly.
334
00:18:37,616 --> 00:18:39,743
[Jack] She was getting stronger.
335
00:18:40,285 --> 00:18:42,805
- The dystonia was straightening out.
- [Beata] Now smile. Good.
336
00:18:42,871 --> 00:18:46,125
[Jack] She was unable to use her legs,
but she was using her arms,
337
00:18:46,208 --> 00:18:48,460
and she was doing very, very well.
338
00:18:49,086 --> 00:18:53,674
[Beata] I'm sure Maya's gonna need
two doses of ketamine tonight after this.
339
00:18:53,757 --> 00:18:54,591
[chuckles]
340
00:18:54,675 --> 00:18:56,152
♪ I feel better when I'm dancin'... ♪
341
00:18:56,176 --> 00:18:59,972
[Jack] She went back to school,
to laughing and playing.
342
00:19:01,098 --> 00:19:05,310
We were blessed
that we'd finally seen something working.
343
00:19:07,896 --> 00:19:10,482
And for a year, it did.
344
00:19:14,653 --> 00:19:16,613
Until the night of the hurricane.
345
00:19:16,697 --> 00:19:18,699
[thunder rumbling]
346
00:19:20,784 --> 00:19:22,786
[rainfall]
347
00:19:23,662 --> 00:19:25,330
[thunder crashing]
348
00:19:26,999 --> 00:19:28,759
[newsreader] Conditions were bad
an hour ago.
349
00:19:28,834 --> 00:19:31,128
They've gotten worse now
as Hurricane Matthew
350
00:19:31,211 --> 00:19:34,089
makes its way up
the east coast of Florida.
351
00:19:34,173 --> 00:19:35,299
Bridges are closed.
352
00:19:35,382 --> 00:19:37,843
People have been told,
wherever you are, hunker down.
353
00:19:37,926 --> 00:19:40,179
It is too dangerous now to go outside.
354
00:19:42,472 --> 00:19:43,724
[Jack] Maya relapsed.
355
00:19:45,309 --> 00:19:47,686
It came back, and it was very severe.
356
00:19:48,270 --> 00:19:50,898
She started complaining
of pain in her tummy.
357
00:19:52,024 --> 00:19:55,986
And it got to the point
where she was screaming and crying
358
00:19:56,069 --> 00:19:57,821
and begging for help.
359
00:19:59,364 --> 00:20:02,075
I contacted Beata at work.
360
00:20:02,159 --> 00:20:05,329
[Beata] Okay, hold on.
Let me pull over to the side.
361
00:20:07,706 --> 00:20:12,502
[Jack] And I told her, "I have to take her
into the emergency room."
362
00:20:15,881 --> 00:20:18,050
I remember pulling up at the doors.
363
00:20:20,219 --> 00:20:21,637
Go to triage,
364
00:20:21,720 --> 00:20:24,264
and then you get the same questions again.
365
00:20:24,348 --> 00:20:29,353
The first nurse in triage
had no idea what CRPS was.
366
00:20:29,436 --> 00:20:31,188
And then the other ones as well,
367
00:20:31,271 --> 00:20:33,523
they wanted information and asked.
368
00:20:34,441 --> 00:20:38,320
That's when I got my wife on the phone,
and she talked to the doctor.
369
00:20:38,403 --> 00:20:41,490
[Beata] The pain meds
are low-dose naltrexone
370
00:20:41,573 --> 00:20:45,410
and ketamine, oral,
prescribed by her doctor.
371
00:20:46,161 --> 00:20:48,997
Her concern was merely
administering ketamine,
372
00:20:49,831 --> 00:20:53,377
over and over, more and more and more.
373
00:20:54,628 --> 00:20:56,713
[Jack] Beata shows up an hour later.
374
00:20:56,797 --> 00:21:00,133
She was belligerent, demanding.
375
00:21:00,217 --> 00:21:02,886
The mom was very controlling.
376
00:21:02,970 --> 00:21:06,765
She told me,
"This is what you're going to do."
377
00:21:06,848 --> 00:21:09,059
[Jack] Beata's explaining to them
378
00:21:09,142 --> 00:21:12,521
this is what needs to be done
for the disease.
379
00:21:13,605 --> 00:21:16,608
[Beata] You don't understand
her medical diagnosis.
380
00:21:16,692 --> 00:21:22,364
You don't understand how much medication
it takes to control her pain.
381
00:21:22,864 --> 00:21:24,992
[Jack] But they just didn't understand.
382
00:21:25,993 --> 00:21:29,454
[Sanchez] There are risks
of respiratory failure, cardiac arrest.
383
00:21:29,538 --> 00:21:32,124
Her daughter could die from this,
384
00:21:32,207 --> 00:21:38,255
and it didn't seem that she was,
you know, worried about that.
385
00:21:38,964 --> 00:21:43,635
[lawyer 1] Going back now to when you came
to Johns Hopkins All Children's Hospital
386
00:21:43,719 --> 00:21:46,555
on October 7 of 2016.
387
00:21:47,097 --> 00:21:48,598
Do you remember that day?
388
00:21:50,017 --> 00:21:52,644
I don't think I remember that exact day,
389
00:21:52,728 --> 00:21:56,148
but I do remember the very beginning
of my stay at Johns Hopkins.
390
00:21:57,524 --> 00:21:59,943
I remember I was in a great deal of pain.
391
00:22:00,610 --> 00:22:02,696
[lawyer 1] Was the pain
in your stomach or foot?
392
00:22:02,779 --> 00:22:04,489
Was it all throughout your body?
393
00:22:04,573 --> 00:22:07,409
[Maya] My stomach, mainly.
I was sent to the ER.
394
00:22:07,492 --> 00:22:11,455
After that, I was transferred to the PICU,
or whatever that was called,
395
00:22:11,538 --> 00:22:13,915
the intensive care unit or something.
396
00:22:15,083 --> 00:22:17,294
That's most of what I remember.
397
00:22:18,086 --> 00:22:21,173
[Beata] They started Maya
on low-dose ketamine,
398
00:22:21,256 --> 00:22:23,008
but that wasn't working.
399
00:22:23,592 --> 00:22:27,721
[man] As the days progressed, we did not
feel we made any effect to Maya's status.
400
00:22:27,804 --> 00:22:32,059
We began questioning the diagnosis
of complex generalized pain syndrome.
401
00:22:32,142 --> 00:22:35,729
Beata knew that low dosage
wouldn't... wouldn't do it.
402
00:22:37,230 --> 00:22:39,024
But they didn't listen.
403
00:22:39,107 --> 00:22:41,860
At this time,
things started to become belligerent.
404
00:22:41,943 --> 00:22:45,155
Things started becoming
talks of leaving the hospital.
405
00:22:45,238 --> 00:22:48,450
That's where I started feeling unsafe
about Maya.
406
00:22:48,533 --> 00:22:52,329
We were told
if we planned on trying to leave,
407
00:22:52,412 --> 00:22:54,373
that security would be called.
408
00:22:54,456 --> 00:22:57,584
[Malik] And if you have a suspicion
of child abuse,
409
00:22:57,667 --> 00:23:02,798
well, then, you're required
to contact Child Protection Services.
410
00:23:03,965 --> 00:23:05,425
Couple days later,
411
00:23:06,009 --> 00:23:09,012
I was visiting Maya at Johns Hopkins.
412
00:23:09,930 --> 00:23:12,682
At one point,
the nurse walked out of the room,
413
00:23:13,225 --> 00:23:16,603
and in walked this woman with dark hair.
414
00:23:16,686 --> 00:23:19,272
[bailiff] Do you solemnly swear or affirm
the testimony you give
415
00:23:19,356 --> 00:23:21,584
is the truth, the whole truth,
and nothing but the truth?
416
00:23:21,608 --> 00:23:23,819
- I do.
- [lawyer 2] Your name, for the record.
417
00:23:23,902 --> 00:23:25,570
Sally Marie Smith.
418
00:23:25,654 --> 00:23:27,989
[Jack] She never stated who she was.
419
00:23:28,073 --> 00:23:31,827
She just walked in,
looked at me, looked at Maya.
420
00:23:31,910 --> 00:23:33,036
She came in,
421
00:23:33,120 --> 00:23:37,249
and she acted like a regular doctor
that worked for the hospital.
422
00:23:37,332 --> 00:23:39,626
And she started to ask questions.
423
00:23:39,709 --> 00:23:44,673
If they would've known who she was,
we would have never spoken to her.
424
00:23:45,257 --> 00:23:49,428
[Jack] She asked, "What's wrong with Maya?
Where is she being treated?"
425
00:23:50,220 --> 00:23:51,930
About medications.
426
00:23:52,013 --> 00:23:56,226
How could I let somebody give
such high dosages?
427
00:23:57,018 --> 00:23:59,604
And I told her
that's what the doctors prescribed.
428
00:23:59,688 --> 00:24:03,233
[lawyer 1] Dr. Hanna,
I have 55 infusions here
429
00:24:03,316 --> 00:24:08,071
ranging from early January
to October 6 of 2016.
430
00:24:08,155 --> 00:24:13,243
I also understand that you wrote
several prescriptions for oral ketamine
431
00:24:13,326 --> 00:24:14,536
to be used at home.
432
00:24:14,619 --> 00:24:16,788
- Do you remember doing that?
- Yes.
433
00:24:16,872 --> 00:24:21,418
Is it possible that the abdominal pain
was caused by these infusions?
434
00:24:22,210 --> 00:24:24,254
I mean, it can be a side effect.
435
00:24:24,337 --> 00:24:28,300
Well, he was giving the child
a thousand milligrams at a time,
436
00:24:28,383 --> 00:24:30,302
day after day, after day, after day.
437
00:24:30,385 --> 00:24:32,679
That is not routine ketamine dosing.
438
00:24:32,762 --> 00:24:35,849
I have patients taking
1,500 milligram a day.
439
00:24:35,932 --> 00:24:37,893
Every patient is different.
440
00:24:37,976 --> 00:24:39,853
Some patients develop tolerance,
441
00:24:39,936 --> 00:24:43,231
or their disease process
requires higher doses.
442
00:24:43,315 --> 00:24:45,775
A thousand milligram over four hours,
443
00:24:45,859 --> 00:24:48,153
that is what typically worked for her.
444
00:24:48,236 --> 00:24:50,197
[Smith] There were multiple physicians,
445
00:24:50,280 --> 00:24:54,534
including, as documented
in the, uh, report to the abuse hotline,
446
00:24:54,618 --> 00:24:58,705
uh, who had concerns
for Munchausen syndrome by proxy.
447
00:24:58,788 --> 00:25:01,100
- [man 1] Munchausen by proxy.
- [man 2] Munchausen by proxy.
448
00:25:01,124 --> 00:25:04,794
[woman] Munchausen's by proxy
or medical child abuse.
449
00:25:04,878 --> 00:25:08,006
Munchausen by proxy
is a form of child abuse
450
00:25:08,089 --> 00:25:11,301
in which a caretaker provides
451
00:25:11,384 --> 00:25:14,638
false or exaggerated information,
452
00:25:14,721 --> 00:25:17,432
ignoring medical recommendations,
453
00:25:17,516 --> 00:25:22,103
and that pattern of behavior
causes harm to the child.
454
00:25:22,854 --> 00:25:27,567
[Jack] She did a ten-minute interview
at most,
455
00:25:27,651 --> 00:25:31,279
and shortly after, she walks out.
456
00:25:31,947 --> 00:25:34,449
[Smith] There was ample evidence
to support a diagnosis
457
00:25:34,533 --> 00:25:36,034
of medical child abuse,
458
00:25:36,117 --> 00:25:38,370
and it appeared most likely
459
00:25:38,453 --> 00:25:43,458
that Mrs. Kowalski was the primary one
who was perpetrating the child abuse.
460
00:25:43,959 --> 00:25:46,586
The nurse walks back in
that was helping me.
461
00:25:48,755 --> 00:25:49,756
[breathing shakily]
462
00:25:49,839 --> 00:25:51,925
She told me I had to leave.
463
00:25:52,634 --> 00:25:54,302
That my daughter...
464
00:25:56,721 --> 00:25:58,431
is under state custody.
465
00:26:01,351 --> 00:26:05,105
I remember looking in my daughter's eyes,
and she's looking at me.
466
00:26:06,940 --> 00:26:09,484
I'm wondering
if I would ever see her again.
467
00:26:13,071 --> 00:26:15,073
[birdsong]
468
00:26:19,911 --> 00:26:24,457
[Jack] They accused her
of overmedicating Maya.
469
00:26:26,710 --> 00:26:29,879
And they thought Maya
was faking this syndrome.
470
00:26:31,756 --> 00:26:35,427
At that time, I said,
"We need to get a hold of a lawyer."
471
00:26:38,388 --> 00:26:44,811
I met the Kowalskis in October of 2016,
and when I first met Beata,
472
00:26:44,894 --> 00:26:49,316
um, I was impressed
by her knowledge of her child's illness.
473
00:26:49,399 --> 00:26:51,276
She had been through a lot.
474
00:26:51,359 --> 00:26:54,529
She had been to a lot of doctors
trying to get her daughter care.
475
00:26:54,613 --> 00:27:00,952
And she was very, very, very concerned
about how Maya was going to do
476
00:27:01,036 --> 00:27:03,371
being in the hospital
and being isolated from them.
477
00:27:04,205 --> 00:27:06,166
She could not understand
478
00:27:06,249 --> 00:27:10,003
why the Department of Children
and Families was doing this.
479
00:27:11,171 --> 00:27:14,883
I explained to both Jack and Beata
480
00:27:14,966 --> 00:27:18,386
these types of cases
are actually very common.
481
00:27:20,096 --> 00:27:24,934
Child Protective Service investigators
have incredible power to remove children.
482
00:27:25,644 --> 00:27:28,396
All they have to prove
is that there's probable cause
483
00:27:28,480 --> 00:27:30,732
that there could be harm to the child.
484
00:27:31,358 --> 00:27:34,903
In Florida,
the child welfare system is privatized.
485
00:27:36,196 --> 00:27:38,615
So when Sally Smith reviewed Maya's case,
486
00:27:38,698 --> 00:27:40,825
she was an employee
for the Suncoast Center.
487
00:27:41,493 --> 00:27:45,789
That center assists
in investigating child-abuse allegations
488
00:27:45,872 --> 00:27:47,248
in Pinellas County,
489
00:27:47,332 --> 00:27:50,502
where All Children's Hospital
happens to be located.
490
00:27:51,252 --> 00:27:54,673
Children in Pinellas County are almost
two and a half times more likely
491
00:27:54,756 --> 00:27:57,884
to be removed from their families
than the state average.
492
00:27:58,760 --> 00:28:02,681
I now refer to it
as the child-welfare industry.
493
00:28:03,765 --> 00:28:05,725
But you have to remember something.
494
00:28:05,809 --> 00:28:09,229
Back when Child Protective Services
really started in this country
495
00:28:09,312 --> 00:28:10,313
in the '70s,
496
00:28:10,397 --> 00:28:12,482
we were talking about children
497
00:28:12,565 --> 00:28:15,402
that had suffered
from excess corporal punishment,
498
00:28:16,361 --> 00:28:17,278
had been beaten,
499
00:28:17,362 --> 00:28:19,948
might've had broken bones
or cigarette burns.
500
00:28:20,031 --> 00:28:22,575
And we were talking about sexual abuse.
501
00:28:23,284 --> 00:28:25,286
And while those cases are still happening,
502
00:28:25,370 --> 00:28:29,124
in recent years,
we have a new diagnosis that's being used.
503
00:28:29,207 --> 00:28:31,251
Medical child abuse,
504
00:28:31,334 --> 00:28:33,837
where any parent
who's bringing in their child
505
00:28:33,920 --> 00:28:37,465
with an unusual illness
to five different doctors
506
00:28:37,549 --> 00:28:40,468
because you're trying to figure out
what's wrong with your child,
507
00:28:40,552 --> 00:28:42,804
can be accused of doctor shopping
508
00:28:42,887 --> 00:28:46,766
and exposing the child
to unnecessary medical procedures
509
00:28:46,850 --> 00:28:49,060
to fulfill their own mental health issue.
510
00:28:50,311 --> 00:28:53,440
[director] So, what was
your personal assessment of Beata?
511
00:28:54,482 --> 00:28:56,985
I think she could be, um...
512
00:28:58,820 --> 00:29:01,072
a little too direct sometimes,
513
00:29:01,156 --> 00:29:05,744
and maybe... some of the doctors
took that offensively.
514
00:29:05,827 --> 00:29:09,789
I believe somebody
at All Children's Hospital was offended,
515
00:29:09,873 --> 00:29:11,791
and a conflict started.
516
00:29:14,085 --> 00:29:16,629
[Kirkpatrick] As soon as I was made aware
517
00:29:17,380 --> 00:29:19,799
that Sally Smith was investigating,
518
00:29:19,883 --> 00:29:21,426
I called her immediately,
519
00:29:21,509 --> 00:29:24,888
and I explained to her,
"This is what the diagnosis is."
520
00:29:24,971 --> 00:29:27,932
"If you wanna see the objective evidence,
I got it for you."
521
00:29:28,016 --> 00:29:29,976
I told her that on the phone.
522
00:29:30,059 --> 00:29:31,686
She writes a report two days later.
523
00:29:31,770 --> 00:29:34,230
Did she include that in the report? No.
524
00:29:34,314 --> 00:29:36,483
I presented the information
525
00:29:36,566 --> 00:29:41,571
to the best of my,
uh, professional... ability
526
00:29:41,654 --> 00:29:44,991
and, uh... came to a conclusion.
527
00:29:45,074 --> 00:29:48,203
[Kirkpatrick] I told her
that if she goes forward with this,
528
00:29:48,286 --> 00:29:52,332
it would not only be
a catastrophic outcome for the child,
529
00:29:52,415 --> 00:29:55,835
it would be a permanent injury
to the whole family.
530
00:29:55,919 --> 00:30:00,465
[lawyer 2] Did he warn you
that your investigation could result
531
00:30:00,548 --> 00:30:04,344
in needless and permanent harm
to the child and family?
532
00:30:04,928 --> 00:30:07,055
I don't know if he specifically said that.
533
00:30:07,138 --> 00:30:11,392
I know he documented something
some days later about our conversation.
534
00:30:11,476 --> 00:30:13,561
I read you what I wrote down.
535
00:30:14,145 --> 00:30:16,397
Um, I certainly will acknowledge
536
00:30:16,481 --> 00:30:20,109
that, uh... investigation
and medical evaluation
537
00:30:20,193 --> 00:30:23,905
for child abuse and neglect
may cause some distress to a family.
538
00:30:25,365 --> 00:30:29,285
[lawyer 2] Is that how you would classify
what happened to the Kowalskis?
539
00:30:31,913 --> 00:30:32,914
Distress?
540
00:30:32,997 --> 00:30:36,918
I don't know. You'd have to ask them
how they responded to the whole thing.
541
00:30:38,127 --> 00:30:40,129
[crickets chirping]
542
00:31:14,622 --> 00:31:18,668
Beata was focused on Maya's care.
543
00:31:24,507 --> 00:31:27,135
But my approach was
544
00:31:28,803 --> 00:31:33,766
not to cause any more tension
between the hospital and our family.
545
00:31:55,788 --> 00:32:01,044
Instead of embracing each other,
it just... There was a blow-up.
546
00:32:33,159 --> 00:32:34,744
[Beata kisses Kyle]
547
00:32:54,013 --> 00:32:55,515
[Kyle sniffling]
548
00:33:01,187 --> 00:33:03,147
Our family was falling apart.
549
00:33:58,077 --> 00:33:59,579
[Beata sighs]
550
00:33:59,662 --> 00:34:03,499
[Salisbury] The first phase
of a dependency case is the shelter phase,
551
00:34:04,167 --> 00:34:07,503
where the judge will decide
where the child will be placed.
552
00:34:08,337 --> 00:34:13,176
They will have the Child Protection
Services investigator's preliminary report
553
00:34:13,259 --> 00:34:15,678
and have layers and layers of hearsay.
554
00:34:15,762 --> 00:34:17,180
[woman 1] ...suspicious to me...
555
00:34:17,263 --> 00:34:19,807
[Salisbury] "This doctor said this.
This doctor said that."
556
00:34:19,891 --> 00:34:22,286
- [woman 2] ...was a concern...
- [Salisbury] It's all admissible.
557
00:34:22,310 --> 00:34:23,829
- [woman 1] ...psychiatric...
- [man] ...risk...
558
00:34:23,853 --> 00:34:25,980
[Salisbury] So it's easy for them to win,
559
00:34:26,064 --> 00:34:29,525
and it makes families very vulnerable
to the system.
560
00:34:37,075 --> 00:34:39,261
[judge] Good morning.
We are here in the Kowalski matter
561
00:34:39,285 --> 00:34:43,998
for a shelter hearing
as it relates to the child, Maya.
562
00:35:11,734 --> 00:35:13,778
- [judge, continuing] I know that...
- [commotion]
563
00:35:15,363 --> 00:35:16,656
[Jack] Beata.
564
00:35:17,281 --> 00:35:18,991
- [shuffling]
- Beata.
565
00:35:21,702 --> 00:35:24,664
[medic 1] Starting rescue in reference
to a 50-year-old female.
566
00:35:24,747 --> 00:35:27,017
- Just collapsed in court.
- [medic 2] Can you open your eyes?
567
00:35:27,041 --> 00:35:29,168
- [medic 1] Subject is breathing...
- [radio chatter]
568
00:35:29,252 --> 00:35:31,563
- [medic 1] Beata. Hey.
- [medic 2] Beata, can you hear us?
569
00:35:31,587 --> 00:35:34,733
- [medic 1] Beata? Can you open your eyes?
- [medic 2] Can you open your eyes for me?
570
00:35:34,757 --> 00:35:36,384
[monitor bleeping]
571
00:35:40,012 --> 00:35:44,684
[Jack] Beata fell to the ground,
smacking her head on the floor.
572
00:35:47,228 --> 00:35:50,481
[Salisbury] Maya was placed
in Child Protection Services custody
573
00:35:50,565 --> 00:35:52,942
at Johns Hopkins All Children's Hospital.
574
00:35:54,402 --> 00:35:56,487
Her treatment regimen was changed
575
00:35:56,571 --> 00:36:00,950
because they said that Beata had
Munchausen syndrome by proxy.
576
00:36:02,618 --> 00:36:08,040
[Jack] The judge said that Beata had to go
for psychological evaluation.
577
00:36:10,126 --> 00:36:13,296
[Salisbury] Beata had
a psychological exam done,
578
00:36:13,963 --> 00:36:15,506
and the findings were
579
00:36:15,590 --> 00:36:19,343
that she did not have
Munchausen syndrome by proxy,
580
00:36:19,427 --> 00:36:22,221
but she had an adjustment disorder
with depressed mood
581
00:36:22,305 --> 00:36:24,473
from having her child taken away.
582
00:36:26,642 --> 00:36:29,020
And naturally,
by being attacked by the system.
583
00:38:10,037 --> 00:38:12,957
[lawyer 3] Um, Maya, do you remember
anyone at the hospital
584
00:38:13,040 --> 00:38:16,002
telling you why you were being separated
from your parents?
585
00:38:17,044 --> 00:38:19,255
[Maya] No one ever told me directly.
586
00:38:19,338 --> 00:38:21,215
I kind of had to figure that out.
587
00:38:21,716 --> 00:38:23,301
[lawyer 3] Did you have a sense?
588
00:38:23,384 --> 00:38:24,844
You were only ten back then,
589
00:38:24,927 --> 00:38:27,555
but did you have a sense
of what was going on?
590
00:38:27,638 --> 00:38:28,806
I was so confused.
591
00:38:28,889 --> 00:38:32,685
Like, I asked so many questions,
and they would never answer me.
592
00:38:32,768 --> 00:38:35,146
They would just say,
"You can't talk to them."
593
00:38:35,980 --> 00:38:37,732
So I really had no idea.
594
00:38:40,568 --> 00:38:44,530
[Jack] There was a time where
I was finally allowed to go see Maya.
595
00:38:46,157 --> 00:38:49,076
But there's a lot of rules
that I had to follow.
596
00:38:50,286 --> 00:38:55,708
I wasn't allowed to ask how she was doing,
about her treatments.
597
00:38:56,417 --> 00:38:59,253
I couldn't answer
when she was coming home.
598
00:38:59,337 --> 00:39:01,130
Couldn't answer much about Mom.
599
00:39:03,924 --> 00:39:06,635
The visit was very brief,
600
00:39:08,137 --> 00:39:10,514
and it was very difficult,
601
00:39:11,682 --> 00:39:15,144
because seen her condition
just going downhill.
602
00:39:20,649 --> 00:39:22,777
So her feet turned in more.
603
00:39:22,860 --> 00:39:24,779
She had more lesions.
604
00:39:26,322 --> 00:39:28,741
And just seeing her getting
weaker and weaker,
605
00:39:28,824 --> 00:39:31,786
that was
the most frustrating thing of all.
606
00:39:34,455 --> 00:39:37,333
So when I come home from visiting Maya,
607
00:39:38,584 --> 00:39:42,254
Beata wanted to know
how her little girl's doing.
608
00:39:42,338 --> 00:39:44,423
She wants to know
if they're doing procedures
609
00:39:44,507 --> 00:39:46,509
or giving meds and this and that.
610
00:39:46,592 --> 00:39:49,512
And I couldn't say anything.
611
00:39:49,595 --> 00:39:52,473
You know, I can't... If I start doing that,
612
00:39:53,057 --> 00:39:57,103
I'm gonna lose my privileges as a father
to go see my daughter,
613
00:39:57,186 --> 00:40:01,440
and our daughter needs somebody
to come see her.
614
00:40:03,442 --> 00:40:04,944
So I'd stay quiet.
615
00:40:11,367 --> 00:40:15,246
[lawyer 1] Kyle, did you have
a chance to visit your sister
616
00:40:15,329 --> 00:40:18,183
at Johns Hopkins All Children's Hospital
when she was hospitalized there?
617
00:40:18,207 --> 00:40:19,207
Yes.
618
00:40:19,625 --> 00:40:21,345
[lawyer 1] How did your sister
appear to you
619
00:40:21,377 --> 00:40:23,754
when you would go visit her
at the hospital?
620
00:40:24,296 --> 00:40:25,423
[Kyle] Uh...
621
00:40:26,006 --> 00:40:28,843
She appeared
like she did not wanna be there.
622
00:40:29,927 --> 00:40:31,927
[Maya] It was hard for me
to be without my parents,
623
00:40:31,971 --> 00:40:36,767
and it was hard to put all this trust
into people I didn't even know.
624
00:40:36,851 --> 00:40:39,812
They even said
that it's all in Maya's head.
625
00:40:40,646 --> 00:40:41,646
"The kid's sick."
626
00:40:41,689 --> 00:40:44,191
"She's trying to tell people
what's wrong with her,
627
00:40:44,275 --> 00:40:45,693
and nobody's listening."
628
00:40:46,819 --> 00:40:49,572
That's incorrect. I know my daughter.
629
00:41:06,130 --> 00:41:08,507
[lawyer 2] Do you think that she improved
630
00:41:08,591 --> 00:41:12,803
from the time
that she was admitted to JHACH?
631
00:41:12,887 --> 00:41:13,888
Yes.
632
00:41:14,388 --> 00:41:15,473
She gained weight.
633
00:41:16,098 --> 00:41:19,143
She was weaned off numerous medications.
634
00:41:19,226 --> 00:41:22,646
She was no longer having abdominal pain.
635
00:41:22,730 --> 00:41:25,232
[lawyer 3] From the time you came
into All Children's,
636
00:41:25,316 --> 00:41:27,026
did your pain ever improve?
637
00:41:28,736 --> 00:41:30,237
- [lawyer 4] Object to form.
- No.
638
00:41:30,321 --> 00:41:31,989
No, not really.
639
00:41:32,072 --> 00:41:34,408
Like, I was in constant pain.
640
00:41:34,492 --> 00:41:37,578
And with CRPS, when it's left untreated,
641
00:41:37,661 --> 00:41:42,124
like, without medication
and without the proper physical therapy...
642
00:41:42,708 --> 00:41:46,504
Uh, also without a support system,
that definitely plays into it.
643
00:41:46,587 --> 00:41:50,049
But... it's, like,
almost impossible to improve.
644
00:41:52,009 --> 00:41:55,054
So, even though doctors
came in and out of my room,
645
00:41:55,638 --> 00:41:57,306
um, I was never listened to.
646
00:41:57,389 --> 00:41:59,433
I was basically ignored.
647
00:41:59,517 --> 00:42:01,317
Five minutes or two minutes,
that's all it is.
648
00:42:01,393 --> 00:42:04,939
[Kirkpatrick] This was not the first time
I've seen this type of scenario.
649
00:42:05,022 --> 00:42:09,151
After a few days at the hospital,
they refused to give her ketamine.
650
00:42:10,069 --> 00:42:12,780
And without the high-dose
ketamine treatment,
651
00:42:12,863 --> 00:42:15,991
she had virtually
no mobility in her legs at all.
652
00:42:16,075 --> 00:42:20,412
That's where you get blood clots forming,
which can break off, go to the lungs,
653
00:42:20,496 --> 00:42:21,830
and it could be fatal.
654
00:42:22,790 --> 00:42:25,209
And I felt it was important
655
00:42:25,292 --> 00:42:29,922
that Beata understood
the seriousness of this.
656
00:42:30,005 --> 00:42:31,507
[typing]
657
00:42:32,049 --> 00:42:35,302
So I warned her,
in all medical probability,
658
00:42:35,386 --> 00:42:38,389
that Maya would die a slow, painful death.
659
00:43:36,030 --> 00:43:37,114
[Beata sighs]
660
00:43:43,662 --> 00:43:45,039
[Beata sighs frustratedly]
661
00:43:46,332 --> 00:43:50,586
One social worker
at Johns Hopkins All Children's Hospital
662
00:43:52,004 --> 00:43:54,381
was assigned to my daughter.
663
00:43:54,465 --> 00:43:57,593
- Please state your name for the record.
- Catherine R. Bedy.
664
00:43:57,676 --> 00:43:59,970
Something didn't seem right with her,
665
00:44:00,054 --> 00:44:01,722
so we googled her name.
666
00:44:03,807 --> 00:44:08,103
The first thing that came up
was she was arrested for child abuse.
667
00:44:11,774 --> 00:44:15,527
Beata is falsely being accused
of child abuse,
668
00:44:15,611 --> 00:44:18,530
and she was on that other side
of the phone knowing this
669
00:44:18,614 --> 00:44:22,117
and not being able
to do anything for her child.
670
00:44:23,494 --> 00:44:25,037
[Beata] You just woke up?
671
00:44:25,120 --> 00:44:26,205
[Maya] Yeah.
672
00:44:27,331 --> 00:44:29,708
- [Beata] Who's with you today?
- [Maya] Cathi.
673
00:44:29,792 --> 00:44:31,210
- [Beata sighs]
- [Bedy] Yes.
674
00:44:31,293 --> 00:44:33,013
[Beata] You know,
she's really interrupting,
675
00:44:33,087 --> 00:44:35,089
because I hear her talking
in the background.
676
00:44:35,172 --> 00:44:36,799
- [Bedy] Mom?
- [Beata] Yes.
677
00:44:36,882 --> 00:44:38,425
[Bedy] You need to redirect.
678
00:44:38,509 --> 00:44:42,179
[Beata] I will redirect. I'm just telling
you this is my time with my daughter.
679
00:44:42,262 --> 00:44:44,014
[Bedy] Mom, please redirect.
680
00:44:44,098 --> 00:44:45,265
[Beata sighs]
681
00:44:46,308 --> 00:44:49,269
[Jack] I later found out
the charges were dropped.
682
00:44:50,479 --> 00:44:52,815
But it set off alarms with Beata.
683
00:44:52,898 --> 00:44:57,403
Cathi Bedy told me
that I was gonna go into a foster home.
684
00:44:57,486 --> 00:45:01,782
She told me that my mom
was in a mental institution.
685
00:45:01,865 --> 00:45:04,493
She told me that she was gonna
end up adopting me.
686
00:45:04,576 --> 00:45:08,914
[lawyer 2] Did you ever
sit Maya on your lap?
687
00:45:08,997 --> 00:45:10,165
[Bedy] Yes.
688
00:45:10,249 --> 00:45:11,834
[lawyer 2] Were you hugging Maya?
689
00:45:12,376 --> 00:45:16,630
Um, I think that we provide comfort
to a lot of kids so, uh...
690
00:45:16,714 --> 00:45:19,925
probably whilst she was sitting on my lap,
I'm sure I did hug her.
691
00:45:20,008 --> 00:45:22,261
[lawyer 2] Do you think Maya liked you?
692
00:45:22,344 --> 00:45:23,512
[lawyer 4] Object to form.
693
00:45:24,763 --> 00:45:27,057
Um, yeah, and...
694
00:45:29,101 --> 00:45:31,937
I also think that there were times
that Maya was very mad
695
00:45:32,020 --> 00:45:35,315
because I happened to be
the face of the hospital,
696
00:45:35,399 --> 00:45:36,817
along with the doctors.
697
00:45:37,359 --> 00:45:41,405
[lawyer 2] Do you remember being told
why they wanted to take photos of you?
698
00:45:43,031 --> 00:45:46,535
Yeah. Cathi Bedy came over to my bed,
699
00:45:46,618 --> 00:45:47,870
and she was like,
700
00:45:47,953 --> 00:45:50,456
"If you wanna go to the court hearing,
I have to do this."
701
00:45:50,539 --> 00:45:52,583
[lawyer 2] Risk management
made the decision
702
00:45:52,666 --> 00:45:55,627
to have these pictures taken of Maya?
703
00:45:55,711 --> 00:45:57,963
- Yep.
- She removed my clothes...
704
00:45:58,046 --> 00:46:00,424
She was in her sports bra
and a pair of shorts.
705
00:46:00,507 --> 00:46:03,635
...held me down, took photos of me.
706
00:46:03,719 --> 00:46:08,974
We took pictures of her arms,
her legs, her face, and her stomach.
707
00:46:09,057 --> 00:46:13,020
I was screaming, crying, yelling "No."
708
00:46:13,103 --> 00:46:16,440
[lawyer 2] She did not want you to take
pictures of her like that, did she?
709
00:46:16,523 --> 00:46:17,357
She did not.
710
00:46:17,441 --> 00:46:20,068
Could not have made it any more clear.
711
00:46:20,152 --> 00:46:22,654
[lawyer 2] But you went ahead
and took pictures of her anyway.
712
00:46:22,738 --> 00:46:24,198
Unfortunately, we did.
713
00:46:24,948 --> 00:46:27,701
[lawyer 2] What steps were taken
to call the parents
714
00:46:27,785 --> 00:46:31,914
and ask whether you could take pictures
of their child like this?
715
00:46:31,997 --> 00:46:33,540
We didn't call the parents.
716
00:46:34,041 --> 00:46:39,129
[Maya] I missed Halloween,
Thanksgiving, my birthday,
717
00:46:39,671 --> 00:46:45,093
and all I could think about was
when could I go home and see my mom.
718
00:46:51,892 --> 00:46:54,311
[Beata] Hi, Maya.
How are you, sweetie pie?
719
00:46:54,394 --> 00:46:56,355
[Maya] I'm really not feeling well.
720
00:46:56,855 --> 00:46:58,482
[Beata] You're not feeling good?
721
00:46:58,565 --> 00:47:00,609
[Maya] Everything is hard for me.
722
00:47:00,692 --> 00:47:02,277
I cry a lot.
723
00:47:02,361 --> 00:47:05,072
[Beata] So the tramadol
doesn't do anything for you?
724
00:47:05,155 --> 00:47:07,032
- [Maya] No, not at all.
- [Beata sighs]
725
00:47:07,115 --> 00:47:09,993
What else are you getting for pain?
- [Maya] Nothing else.
726
00:47:11,537 --> 00:47:13,288
[Beata] Well, I'm very sorry, honey.
727
00:47:13,372 --> 00:47:16,792
I wish I was there
to rub your back and hug you.
728
00:47:16,875 --> 00:47:18,418
[Maya] Yeah, me too.
729
00:47:18,502 --> 00:47:21,755
[Beata] Oh, did you get
that letter I wrote to you?
730
00:47:21,839 --> 00:47:23,423
- From, um...
- [Maya] No.
731
00:47:23,507 --> 00:47:24,675
[Beata]...Miss Cathi?
732
00:47:25,175 --> 00:47:27,594
- [Maya] What?
- [Bedy] Miss Cathi has no letter from you.
733
00:47:27,678 --> 00:47:29,596
[Beata] Okay, I sent it to Charlotte.
734
00:47:29,680 --> 00:47:31,515
[Bedy] You'll have to talk with Charlotte.
735
00:47:31,598 --> 00:47:32,598
[Beata] Okay.
736
00:47:33,392 --> 00:47:36,937
Have you been able
to talk to your attorney?
737
00:47:37,646 --> 00:47:39,857
[Maya] Yeah. He's gonna come today.
738
00:47:39,940 --> 00:47:43,819
[Beata] Oh good. I just wanna make sure
that you are able to talk to him.
739
00:47:43,902 --> 00:47:48,532
[Maya] Well, on the phone I'm not,
because I can't call outside.
740
00:47:48,615 --> 00:47:51,451
[Beata] What do you mean,
you can't call outside?
741
00:47:52,035 --> 00:47:55,831
You are not in a prison,
and you're not in a Nazi camp.
742
00:47:55,914 --> 00:47:58,292
- [Bedy] Mom... Um, Mom.
- [Beata] Yes.
743
00:47:58,375 --> 00:48:01,587
[Bedy] She just has to ask the nurse
how to do it. That's all.
744
00:48:02,212 --> 00:48:03,213
[Beata] Okay.
745
00:48:04,339 --> 00:48:06,383
[sighs] How was your Thanksgiving?
746
00:48:06,466 --> 00:48:07,634
[Maya sobs]
747
00:48:07,718 --> 00:48:09,136
It wasn't really good.
748
00:48:09,219 --> 00:48:10,053
[Beata] I know.
749
00:48:10,137 --> 00:48:12,639
It was the worst Thanksgiving ever for me.
750
00:48:14,391 --> 00:48:17,352
[Maya] I don't understand
why this happened, you know?
751
00:48:17,436 --> 00:48:21,440
[Beata] Yeah, we... It's very difficult.
It's very complicated.
752
00:48:21,523 --> 00:48:25,986
[Maya] I mean, nothing's happened wrong,
and we're suffering now.
753
00:48:26,486 --> 00:48:27,529
[sobs]
754
00:48:27,613 --> 00:48:30,365
- [Beata] I know. I'm very sorry, honey.
- [Maya sighs]
755
00:48:30,866 --> 00:48:33,118
[Beata] Very sorry. Just be strong, okay?
756
00:48:35,078 --> 00:48:36,330
[Maya, shakily] Yeah.
757
00:48:36,413 --> 00:48:38,415
[Beata] I pray for you every day.
758
00:48:39,791 --> 00:48:40,876
[Maya] Me too.
759
00:48:41,585 --> 00:48:42,878
[Beata] So be strong.
760
00:48:44,296 --> 00:48:45,339
[Maya] I'm trying.
761
00:48:45,422 --> 00:48:47,549
- [Beata] Okay.
- [Maya sniffles]
762
00:48:47,633 --> 00:48:48,842
[sobs]
763
00:48:48,926 --> 00:48:51,595
[Bedy] Mom? We have to say goodbye.
764
00:48:51,678 --> 00:48:54,306
I have to step
into something else right now.
765
00:48:54,389 --> 00:48:55,389
[Beata] Okay.
766
00:48:56,266 --> 00:48:58,036
- Thank you, Maya.
- [Maya] I love you, Mommy.
767
00:48:58,060 --> 00:49:00,312
- [Beata] I love you. Bye-bye.
- [Maya] Bye-bye, Mommy.
768
00:49:04,274 --> 00:49:08,904
[Jack] I don't know if it was
questioning Maya on her treatments
769
00:49:08,987 --> 00:49:10,322
or what they're giving her
770
00:49:10,405 --> 00:49:13,825
or certain things that she can't discuss
with her daughter,
771
00:49:14,326 --> 00:49:18,246
but unfortunately,
Cathi Bedy accused Beata
772
00:49:18,330 --> 00:49:21,500
of being inappropriate
during that phone conversation.
773
00:49:21,583 --> 00:49:23,418
[typing]
774
00:49:23,502 --> 00:49:27,381
And she tried
to get Beata's privileges suspended.
775
00:49:31,176 --> 00:49:36,306
Beata, as strong as she is,
it just destroyed her.
776
00:49:52,364 --> 00:49:55,093
[lawyer 1] Mr. Kowalski, were you aware
that your wife was the subject
777
00:49:55,117 --> 00:49:59,997
of a pending criminal investigation
by the Sarasota County Sheriff's Office?
778
00:50:00,080 --> 00:50:04,042
I never heard
there was a pending investigation.
779
00:50:04,126 --> 00:50:08,296
[lawyer 1] I believe you sat down and gave
a recorded statement to Detective Graham.
780
00:50:08,380 --> 00:50:09,214
Am I correct?
781
00:50:09,297 --> 00:50:13,510
Yes, I sat down with her,
but I did not know I was being recorded.
782
00:50:13,593 --> 00:50:16,013
I did not give consent to be recorded.
783
00:50:16,096 --> 00:50:18,724
[lawyer 2] You told them
that you were a detective
784
00:50:18,807 --> 00:50:20,767
investigating child abuse, did you not?
785
00:50:20,851 --> 00:50:25,814
I would've had my badge and gone on
and probably identified myself, yes.
786
00:50:25,897 --> 00:50:27,399
I asked if I could interview him,
787
00:50:27,482 --> 00:50:30,819
and we sat down,
and we had a... pleasant conversation.
788
00:50:36,158 --> 00:50:38,160
[rustling on recording]
789
00:50:38,243 --> 00:50:39,453
[Graham] Um...
790
00:50:40,412 --> 00:50:43,457
Could you tell me a little about
you and your wife's relationship?
791
00:50:43,540 --> 00:50:46,543
[Jack] It's like any marriage.
You've got your ups and downs.
792
00:50:46,626 --> 00:50:49,046
And sure, you're not gonna agree
on everything.
793
00:50:49,129 --> 00:50:50,189
- You know?
- [Graham] Okay.
794
00:50:50,213 --> 00:50:52,966
Do you guys ever disagree
on Maya's care?
795
00:50:53,050 --> 00:50:55,218
[Jack] No. I know my wife. She...
796
00:50:55,302 --> 00:50:59,598
She'll stay up till three in the morning,
you know, doing research or whatever.
797
00:50:59,681 --> 00:51:03,894
I kind of listen to what she says
with that and the doctors.
798
00:51:03,977 --> 00:51:05,896
Number one is the doctors.
799
00:51:06,438 --> 00:51:10,275
[Graham] Is Maya looking for
some... attention from her mom?
800
00:51:10,358 --> 00:51:12,778
Trying to please her mom?
Mom wants her to be sick.
801
00:51:12,861 --> 00:51:16,114
- So "I'm gonna be sick to please my mom"?
- [Jack] I hope not. God, I hope not.
802
00:51:16,948 --> 00:51:18,283
[sighs]
803
00:51:19,242 --> 00:51:22,412
[Graham] Let's not differentiate love
and affection and caring...
804
00:51:22,496 --> 00:51:24,331
- [Jack] Mm-hmm.
- [Graham] ...for abuse.
805
00:51:24,831 --> 00:51:27,167
- Because they can happen in tandem.
- [Jack] Yeah.
806
00:51:27,667 --> 00:51:31,046
I don't agree with her on a lot of things,
but I'll tell you what,
807
00:51:31,129 --> 00:51:34,007
intentionally, she would never
hurt her children.
808
00:51:34,091 --> 00:51:36,384
I'd swear on my life on that one.
809
00:51:37,427 --> 00:51:41,431
- [Graham] Do you love your wife?
- [Jack] I love her, yeah. I just...
810
00:51:42,599 --> 00:51:44,351
She is a pushy person,
811
00:51:45,018 --> 00:51:46,978
and it's getting worse right now.
812
00:51:47,062 --> 00:51:50,023
Just, you know, she don't wanna cooperate.
813
00:51:51,608 --> 00:51:54,111
- [Graham] This is a complicated case.
- [Jack] Sure.
814
00:51:54,194 --> 00:51:56,488
[Graham] And... I think it...
815
00:51:56,571 --> 00:51:59,741
it could be very possible someone
could be looking at criminal charges.
816
00:51:59,825 --> 00:52:02,577
- [Jack] Hmm.
- [Graham] Which is why I'm asking you.
817
00:52:02,661 --> 00:52:04,746
Are you protective, or are you complicit?
818
00:52:05,372 --> 00:52:06,790
[Jack] Protective of my children.
819
00:52:08,166 --> 00:52:10,246
[Graham] Are your children
truly your first priority?
820
00:52:10,293 --> 00:52:13,130
[Jack] I swear on my life,
and my children's lives.
821
00:52:13,213 --> 00:52:14,089
[Graham] I don't care.
822
00:52:14,172 --> 00:52:16,901
I'll put you and your wife in jail
tomorrow if it meant Maya gets better.
823
00:52:16,925 --> 00:52:19,320
- [Jack] If I did wrong, put me in jail.
- [Graham] Absolutely.
824
00:52:19,344 --> 00:52:20,887
[Jack] Yes, I accept that.
825
00:52:22,389 --> 00:52:24,891
[Graham] Let me ask you.
If Maya was released tomorrow,
826
00:52:24,975 --> 00:52:27,144
would you be compliant
827
00:52:27,227 --> 00:52:30,438
if that child was not to have
any contact with her mother?
828
00:52:31,565 --> 00:52:32,565
[Jack] Yes.
829
00:52:34,109 --> 00:52:35,193
In a heartbeat.
830
00:52:39,197 --> 00:52:42,117
[director] So did they want Jack
to turn on Beata?
831
00:52:43,618 --> 00:52:45,787
I would assume that they did.
832
00:52:46,454 --> 00:52:48,456
That would've made their case easier.
833
00:52:48,957 --> 00:52:52,544
[director] He said that
he would choose his kids over his wife.
834
00:52:54,129 --> 00:52:55,964
That's what he's supposed to say.
835
00:52:56,923 --> 00:53:00,218
If you say otherwise,
it will be held against you.
836
00:53:01,052 --> 00:53:03,847
That is the only correct answer.
837
00:53:05,223 --> 00:53:08,185
I did go home. I told Beata what happened.
838
00:53:08,894 --> 00:53:09,894
Um...
839
00:53:10,854 --> 00:53:14,691
Yeah. It's... "What'd you say?
Why did you do this? Why..."
840
00:53:14,774 --> 00:53:16,985
I told her, "I have nothing to hide."
841
00:53:19,029 --> 00:53:24,034
[grunts] I told her exactly that
"They're trying to blame you,"
842
00:53:24,117 --> 00:53:29,289
and... and then it just... it caused
a lot of stress in the house.
843
00:53:30,332 --> 00:53:34,419
I'm sure she felt very much betrayed. Mm.
844
00:53:41,092 --> 00:53:43,094
[playing "My Heart Will Go On"]
845
00:53:49,684 --> 00:53:51,645
[conversation in background]
846
00:53:51,728 --> 00:53:53,897
[woman] Ooh! Now say the line.
Say the word.
847
00:53:53,980 --> 00:53:56,274
- [child sings]
- [woman] Good, good, very good.
848
00:54:00,320 --> 00:54:04,074
[judge] Ms. Bedy, you'd said before
you thought Maya was happy and thriving
849
00:54:04,157 --> 00:54:07,369
under your care
and the care of the hospital.
850
00:54:08,286 --> 00:54:09,286
[Bedy] Yes.
851
00:54:10,538 --> 00:54:15,335
Maya was moving her legs,
moving her hands without any pain.
852
00:54:15,418 --> 00:54:19,923
She was out playing the piano downstairs
853
00:54:20,006 --> 00:54:22,717
and often moved herself
around the hospital.
854
00:54:24,219 --> 00:54:26,513
So we saw her getting better.
855
00:54:27,430 --> 00:54:29,683
[judge] Do you have any response to that?
856
00:54:30,517 --> 00:54:34,604
RSD is a disease, and every day,
it looks a little bit different.
857
00:54:34,688 --> 00:54:37,649
There are certain days
that I could do certain things,
858
00:54:37,732 --> 00:54:40,277
and there are other days,
where I can't do those things.
859
00:54:40,360 --> 00:54:42,904
So depending on the days,
it's gonna look different.
860
00:54:42,988 --> 00:54:45,198
So, yes, they are wrong there.
861
00:54:45,282 --> 00:54:49,536
When we look at pain,
and when I see kids in pain,
862
00:54:49,619 --> 00:54:55,583
Maya never showed some of the symptoms
that we see other kids in pain having.
863
00:55:01,631 --> 00:55:04,509
[Maya] Dear your honor. Love, Maya.
864
00:55:07,220 --> 00:55:10,098
Hello, it's Maya,
and I wanted to write you a note.
865
00:55:10,181 --> 00:55:14,686
First of all, I wanted to thank you
for taking your time working on this case.
866
00:55:14,769 --> 00:55:17,022
And I know that you know
I want to go home.
867
00:55:19,691 --> 00:55:22,319
I've been feeling terrible
the last few days.
868
00:55:22,402 --> 00:55:24,529
I have been getting worse and worse.
869
00:55:25,030 --> 00:55:27,282
All I want for Christmas is my family.
870
00:55:28,033 --> 00:55:30,535
I cry every day, and it makes me feel sad.
871
00:55:31,202 --> 00:55:33,997
I never got to say my goodbyes to my mom.
872
00:55:35,415 --> 00:55:38,209
I pray every day
that I will be able to go home.
873
00:55:40,962 --> 00:55:44,132
[Salisbury] In the middle
of December 2016,
874
00:55:44,632 --> 00:55:47,135
there was a hearing scheduled,
a status conference.
875
00:55:47,218 --> 00:55:49,679
We were constantly having
status conferences,
876
00:55:49,763 --> 00:55:52,724
and Varinia Van Ness came on as cocounsel.
877
00:56:10,742 --> 00:56:13,536
[Salisbury] This was
a huge power struggle.
878
00:56:14,371 --> 00:56:16,164
But no matter what we did,
879
00:56:16,247 --> 00:56:19,626
the court repetitively sided
880
00:56:19,709 --> 00:56:23,505
with the hospital staff
and Dr. Sally Smith.
881
00:56:50,115 --> 00:56:52,200
[Salisbury] It never made any sense to me
882
00:56:52,283 --> 00:56:55,954
why she was denied
giving her child that hug.
883
00:56:56,788 --> 00:57:00,500
And I can tell you,
as we left the courthouse that day,
884
00:57:00,583 --> 00:57:02,836
that Beata was devastated.
885
00:57:03,545 --> 00:57:04,629
Devastated.
886
00:57:05,797 --> 00:57:09,050
And the one thing that I know to this day
887
00:57:09,134 --> 00:57:13,263
is none of us can get that hug back now.
888
00:57:14,264 --> 00:57:15,890
That hug is gone.
889
00:57:16,641 --> 00:57:18,726
[producer] You think
if she had hugged her,
890
00:57:18,810 --> 00:57:20,895
things would've turned out differently?
891
00:57:20,979 --> 00:57:21,980
Yes, I do.
892
00:57:23,773 --> 00:57:24,773
I do.
893
00:57:33,825 --> 00:57:37,829
[Jack] That day we were supposed to go
to a neighbor's for a, uh, birthday party,
894
00:57:37,912 --> 00:57:39,497
a kids' birthday party.
895
00:57:40,331 --> 00:57:42,625
She goes, "Let me get up
and wrap the present."
896
00:57:44,669 --> 00:57:45,920
"I'm not gonna go."
897
00:57:46,546 --> 00:57:49,632
"I'm gonna sleep.
I got a migraine headache." [sighs]
898
00:57:51,885 --> 00:57:53,678
Kyle and I went to that party.
899
00:57:55,889 --> 00:57:57,307
And when we came home,
900
00:57:58,766 --> 00:58:00,393
her bedroom door was shut.
901
00:58:01,561 --> 00:58:03,855
We thought she was asleep.
902
00:58:06,483 --> 00:58:09,819
So we decided to sit down, watch some TV.
903
00:58:14,324 --> 00:58:15,575
Later that night,
904
00:58:16,784 --> 00:58:18,786
somebody was knocking on the door.
905
00:58:20,163 --> 00:58:21,748
It was her brother, Peter.
906
00:58:23,791 --> 00:58:26,586
So Peter was walking around the house.
907
00:58:28,755 --> 00:58:30,173
He walked in the garage.
908
00:58:33,176 --> 00:58:34,677
There was a scream...
909
00:58:36,804 --> 00:58:38,640
that I'll never forget.
910
00:58:40,683 --> 00:58:42,310
It's my name in Polish.
911
00:58:42,852 --> 00:58:43,852
Jacek.
912
00:58:48,024 --> 00:58:50,360
He screamed that so loud, I knew.
913
00:58:54,948 --> 00:58:57,116
[dispatch] 911,
tell me exactly what happened.
914
00:58:57,867 --> 00:58:59,077
[Jack breathing heavily]
915
00:58:59,702 --> 00:59:01,746
Uh, she hung herself in the garage.
916
00:59:02,330 --> 00:59:03,706
[gasps]
917
00:59:03,790 --> 00:59:06,292
- [Kyle] Mommy! No...
- [Jack sighs] No...
918
00:59:06,376 --> 00:59:08,962
- [dispatch] Stay on the line.
- [Kyle crying]
919
00:59:09,045 --> 00:59:11,256
- [Jack sobs]
- [dispatch] How old is she?
920
00:59:11,339 --> 00:59:12,340
[Jack] Forty-two.
921
00:59:13,049 --> 00:59:14,551
[sobbing]
922
00:59:15,134 --> 00:59:16,511
Oh my God.
923
00:59:16,594 --> 00:59:17,929
[sobbing]
924
00:59:18,012 --> 00:59:20,682
- [Kyle] Mommy! Mom!
- [Jack] No, you can't go in there.
925
00:59:21,641 --> 00:59:23,601
[dispatch] I'm sending someone
to assist you.
926
00:59:23,685 --> 00:59:25,728
Please leave everything as you found it.
927
00:59:25,812 --> 00:59:29,107
- [Jack] Just please get somebody here.
- [dispatch] They're on their way.
928
00:59:32,610 --> 00:59:34,612
[sirens approaching]
929
00:59:43,329 --> 00:59:47,959
[man] Did your wife give you
any indication that this would happen?
930
00:59:48,668 --> 00:59:53,756
[Jack] No, but my daughter has an illness,
and it's all started from that.
931
00:59:54,549 --> 00:59:57,343
- Just the disease alone was horrible.
- [phone rings]
932
00:59:57,427 --> 01:00:00,096
- This is my attorney. Could I answer it?
- [man] Sure.
933
01:00:01,306 --> 01:00:03,766
- Hey, Debra.
- [faintly] Oh my God!
934
01:00:05,059 --> 01:00:08,438
- I'm so sorry.
- [Jack] Debra, I am so sick.
935
01:00:08,521 --> 01:00:09,814
[sobs]
936
01:00:10,523 --> 01:00:12,734
- [Salisbury] I'm so sorry.
- [Jack sobs]
937
01:00:12,817 --> 01:00:15,236
[Salisbury] I feel so bad.
The judge was so cold.
938
01:00:15,320 --> 01:00:17,238
[Jack] I know this is what happened.
939
01:00:17,322 --> 01:00:20,241
This... I know
it's because he turned her down.
940
01:00:20,867 --> 01:00:22,076
That killed her.
941
01:00:22,160 --> 01:00:24,871
All the way home,
that's all she talked about.
942
01:00:25,580 --> 01:00:27,415
[sighs heavily]
943
01:00:27,498 --> 01:00:30,376
I don't know how
I'm gonna tell Maya later.
944
01:00:32,503 --> 01:00:35,590
Because I can't go there
and tell her and then leave.
945
01:00:37,133 --> 01:00:39,135
[crying on recording]
946
01:00:41,596 --> 01:00:42,596
Okay.
947
01:00:43,806 --> 01:00:45,933
Thanks, Deb. Bye.
948
01:00:53,149 --> 01:00:55,610
[Salisbury] I remember
the phone call from Jack
949
01:00:56,110 --> 01:00:58,112
that his wife had ended her life.
950
01:00:59,113 --> 01:01:00,865
I was devastated.
951
01:01:00,948 --> 01:01:04,035
I just could not believe
what had happened.
952
01:01:08,039 --> 01:01:13,044
But I think the note
that Beata left for Judge Haworth
953
01:01:13,127 --> 01:01:14,879
makes it pretty clear
954
01:01:14,962 --> 01:01:18,216
that she wanted her child
to be free from that hospital.
955
01:01:20,093 --> 01:01:22,595
She was very worried
about what was happening
956
01:01:22,679 --> 01:01:25,264
and the treatment
that she was being forced to take.
957
01:01:31,145 --> 01:01:34,148
She wanted to make sure
that her child got out of there.
958
01:01:35,483 --> 01:01:37,694
And she didn't see any other way out.
959
01:02:23,573 --> 01:02:25,575
[bell rings]
960
01:02:26,075 --> 01:02:28,411
[bell rings]
961
01:02:29,120 --> 01:02:31,873
[bell rings]
962
01:02:35,543 --> 01:02:38,463
[playing Prelude and Fugue in C major
by Bach]
963
01:03:01,736 --> 01:03:02,779
[Maya] Hi, Mommy!
964
01:03:03,404 --> 01:03:04,697
[Beata] Hi, Maya.
965
01:03:05,448 --> 01:03:08,326
How is my sunshine today?
966
01:03:12,663 --> 01:03:14,999
[Maya] I really, really miss you, Mommy.
967
01:03:15,625 --> 01:03:16,751
[Beata] I do too.
968
01:03:17,293 --> 01:03:19,378
I miss you every second of the day.
969
01:03:22,548 --> 01:03:24,759
[Maya] I miss you coming home from work.
970
01:03:24,842 --> 01:03:26,803
Hugging and snuggling.
971
01:03:26,886 --> 01:03:29,680
I miss swimming in the pool with you.
972
01:03:30,723 --> 01:03:32,725
I miss everything.
973
01:03:33,976 --> 01:03:37,230
[Beata] Just close your eyes
and pretend I'm there.
974
01:03:39,315 --> 01:03:43,528
I know it's not the same,
but just be strong and don't lose hope.
975
01:03:45,029 --> 01:03:48,449
[Maya] I'm hurting. I wanna come home.
976
01:03:49,116 --> 01:03:51,619
[Beata] I will do everything.
I promise you.
977
01:03:54,163 --> 01:03:56,332
[Jack] Shortly after Beata's death,
978
01:03:56,415 --> 01:03:58,751
they allowed me to take Maya
979
01:03:58,835 --> 01:04:01,587
to go see a specialist in Rhode Island.
980
01:04:01,671 --> 01:04:03,256
Dr. Chopra.
981
01:04:04,966 --> 01:04:06,968
He did an evaluation on her,
982
01:04:07,510 --> 01:04:11,389
which did confirm that she does have CRPS.
983
01:04:13,182 --> 01:04:15,685
And he sent his report to the court.
984
01:04:17,728 --> 01:04:22,108
Not too much longer after that,
Maya was released to my custody.
985
01:04:22,775 --> 01:04:24,777
[Bach's Prelude continues]
986
01:04:28,406 --> 01:04:31,117
[woman] Maya,
we are so excited to see you.
987
01:04:31,200 --> 01:04:32,869
So thankful you're home.
988
01:04:45,006 --> 01:04:47,258
[Beata] Would you like to pray together?
989
01:04:47,341 --> 01:04:48,341
[Maya] Yeah.
990
01:04:49,552 --> 01:04:53,431
[Beata] Lord Jesus,
I now take your precious blood
991
01:04:53,514 --> 01:04:56,893
and sprinkle it over Maya and my family.
992
01:04:57,935 --> 01:05:00,229
I surrender my family to you.
993
01:05:01,272 --> 01:05:05,151
Take care of everything,
and take care of Maya.
994
01:05:08,279 --> 01:05:09,279
[Maya] Amen.
995
01:05:26,172 --> 01:05:28,424
[Maya] My mom was very compassionate.
996
01:05:29,634 --> 01:05:33,596
She was caring, loyal, intelligent.
997
01:05:35,097 --> 01:05:36,933
[sighs]
998
01:05:40,478 --> 01:05:42,813
It's hard to, you know, pick adjectives
999
01:05:42,897 --> 01:05:45,483
because, honestly,
when I think of my mom, there's...
1000
01:05:46,150 --> 01:05:49,320
You can't really describe her
in a couple of words.
1001
01:06:04,627 --> 01:06:09,382
After being held captive
for three whole months,
1002
01:06:09,465 --> 01:06:13,302
being told that I could go back
to some normalcy,
1003
01:06:13,386 --> 01:06:16,222
it was so nice to hear that.
1004
01:06:16,764 --> 01:06:19,684
It felt like all of my prayers
had been answered,
1005
01:06:20,351 --> 01:06:23,229
all of my family's prayers
had been answered.
1006
01:06:26,065 --> 01:06:27,400
[sighs]
1007
01:06:27,483 --> 01:06:32,029
But I lost one
of the most important people in my life.
1008
01:06:32,780 --> 01:06:36,075
A person who I didn't even get
to say goodbye to.
1009
01:06:38,744 --> 01:06:39,954
[sighs]
1010
01:06:45,751 --> 01:06:47,294
Yeah, that was the worst.
1011
01:06:55,052 --> 01:06:58,514
Here I thought I was gonna be able
to see her again,
1012
01:06:59,098 --> 01:07:02,518
maybe even if it took an entire year.
1013
01:07:03,060 --> 01:07:06,689
But just being told that
that was never gonna happen...
1014
01:07:15,031 --> 01:07:16,782
[producer] Let's take a break now, okay?
1015
01:07:20,286 --> 01:07:22,455
- Let me get you some water, okay?
- Mm-hmm.
1016
01:07:26,542 --> 01:07:30,671
[Jack] After Maya was released in 2017,
1017
01:07:31,380 --> 01:07:34,800
we had to follow certain instructions
from the court.
1018
01:07:35,718 --> 01:07:38,763
She was not allowed
any ketamine treatments,
1019
01:07:38,846 --> 01:07:40,598
so we had to do things slow.
1020
01:07:42,892 --> 01:07:46,562
It took over a year of physical therapy,
1021
01:07:47,271 --> 01:07:51,067
and she went from a wheelchair
to crutches.
1022
01:07:52,068 --> 01:07:55,196
And then one year after that,
walking around.
1023
01:07:56,739 --> 01:07:58,949
But she still had pain.
1024
01:07:59,992 --> 01:08:01,077
A lot of pain.
1025
01:08:05,790 --> 01:08:07,750
And she could relapse any time.
1026
01:08:16,634 --> 01:08:19,804
[director] So, Maya can walk now.
1027
01:08:20,721 --> 01:08:22,306
Yes, Maya can walk now.
1028
01:08:22,389 --> 01:08:25,726
She has... She still has some impairments
in her lower extremities.
1029
01:08:25,810 --> 01:08:27,162
[on tape] ...stand up. Thatta girl.
1030
01:08:27,186 --> 01:08:29,480
- Good job!
- She's made tremendous gains.
1031
01:08:29,563 --> 01:08:31,816
But she has CRPS,
1032
01:08:31,899 --> 01:08:35,277
and she's gonna continue
to have to live with that diagnosis.
1033
01:08:38,697 --> 01:08:41,242
[Jack] We are trying
to do the best we can.
1034
01:08:44,245 --> 01:08:46,372
But the kids will never be the same.
1035
01:08:50,793 --> 01:08:56,006
It's very difficult to understand
what went through Beata's mind.
1036
01:08:57,758 --> 01:09:00,970
Thinking that was the only way
to get her daughter out.
1037
01:09:03,681 --> 01:09:05,391
I miss her dearly.
1038
01:09:06,267 --> 01:09:10,437
But... I have anger, here and there.
1039
01:09:13,107 --> 01:09:16,652
It is so difficult
to try to play both roles.
1040
01:09:17,945 --> 01:09:23,033
And as much as you try,
you cannot replace their mother.
1041
01:09:26,537 --> 01:09:29,290
Something good has to come
from all this pain.
1042
01:09:39,091 --> 01:09:41,927
[woman] I've been a reporter
for over five years,
1043
01:09:42,011 --> 01:09:44,972
and, you know, you don't get to the truth
1044
01:09:45,055 --> 01:09:49,101
by just accepting what's in front of you
without questioning it.
1045
01:09:50,186 --> 01:09:53,230
And this seemed like an area
that needed to be questioned.
1046
01:09:53,856 --> 01:09:58,277
In 2019, I was covering
child welfare in Sarasota
1047
01:09:58,360 --> 01:10:01,071
when I came across
the case of the Kowalski family.
1048
01:10:02,031 --> 01:10:05,784
It just was so tragic, so complicated.
1049
01:10:05,868 --> 01:10:09,371
And when I learned that Beata Kowalski
had actually taken her life,
1050
01:10:09,455 --> 01:10:11,832
I mean,
it just hit me like a wall of bricks.
1051
01:10:11,916 --> 01:10:15,836
I knew that I had to take the story on,
and I knew that I had to get it right.
1052
01:10:16,337 --> 01:10:17,796
So I started digging.
1053
01:10:18,714 --> 01:10:21,842
Part of my investigation
was talking to the Kowalskis.
1054
01:10:21,926 --> 01:10:24,720
I also interviewed Dr. Sally Smith
over the phone
1055
01:10:24,803 --> 01:10:26,680
to get her side of the story,
1056
01:10:26,764 --> 01:10:31,060
and Dr. Smith was extremely firm
that she had done nothing wrong.
1057
01:10:31,894 --> 01:10:34,772
But what I found out
was that Dr. Smith's opinions
1058
01:10:34,855 --> 01:10:38,150
differed a lot from other doctors,
including Maya's care team,
1059
01:10:38,234 --> 01:10:40,611
Doctor Kirkpatrick and Dr. Hanna.
1060
01:10:41,445 --> 01:10:46,283
It was January 2019 when I hit publish
on that piece about the Kowalski family,
1061
01:10:47,701 --> 01:10:50,704
and I kind of thought I'd move on
to the next thing.
1062
01:10:51,455 --> 01:10:53,874
But that was when the calls
started coming in
1063
01:10:54,416 --> 01:10:56,252
and the emails started coming in,
1064
01:10:56,335 --> 01:11:00,214
and I realized that this
was a lot bigger than just the Kowalskis.
1065
01:11:01,048 --> 01:11:02,341
- Rolling.
- Take Care of Maya...
1066
01:11:02,424 --> 01:11:04,677
- Ashley interview, take two.
- Take Care of Maya...
1067
01:11:04,760 --> 01:11:06,470
Vivianna, take one.
1068
01:11:06,553 --> 01:11:10,349
When I read the article
in the Sarasota Herald Tribune,
1069
01:11:10,432 --> 01:11:13,769
I realized it was so much bigger
than what we had thought.
1070
01:11:13,852 --> 01:11:14,687
Bye. [clicks tongue]
1071
01:11:14,770 --> 01:11:17,773
The realization that there are so many
other people going through it...
1072
01:11:17,856 --> 01:11:20,734
I couldn't believe it.
I could not believe it.
1073
01:11:21,235 --> 01:11:24,780
He's having a seizure.
His eyes are rolling. He's shaking.
1074
01:11:24,863 --> 01:11:27,241
He's not breathing. He barely has a pulse.
1075
01:11:27,324 --> 01:11:29,034
She started throwing up.
1076
01:11:29,118 --> 01:11:31,537
Then she started getting little bruises.
1077
01:11:31,620 --> 01:11:33,914
I'm rushing to the hospital.
1078
01:11:33,998 --> 01:11:35,308
- We need to call 911.
- Call 911.
1079
01:11:35,332 --> 01:11:37,876
We instantly called 911.
We did what you're taught to do.
1080
01:11:39,253 --> 01:11:40,587
[Chen] I'm sitting at my desk,
1081
01:11:40,671 --> 01:11:43,799
and I start hearing
from more and more families.
1082
01:11:44,383 --> 01:11:48,137
People who had gone to the doctor
for help for their kids
1083
01:11:48,220 --> 01:11:50,639
and then became the target of the system.
1084
01:11:50,723 --> 01:11:54,184
They find broken ribs.
They find a brain bleed.
1085
01:11:54,268 --> 01:11:56,687
They found old and new brain bleeds.
1086
01:11:56,770 --> 01:12:00,232
And I was like, "What do you mean,
like, she has this?"
1087
01:12:00,316 --> 01:12:02,318
"I brought her here for bruises."
1088
01:12:02,401 --> 01:12:04,862
And that's when I met Sally Smith.
1089
01:12:05,446 --> 01:12:07,531
[Chen] They're frantic. They're desperate.
1090
01:12:08,032 --> 01:12:10,993
And one thing that they all had in common
was Dr. Sally Smith
1091
01:12:11,076 --> 01:12:13,245
and Johns Hopkins All Children's Hospital.
1092
01:12:13,329 --> 01:12:15,748
[Vivianna] She saw us
for less than ten minutes,
1093
01:12:15,831 --> 01:12:19,501
and then my husband was arrested
for aggravated child abuse.
1094
01:12:20,210 --> 01:12:24,298
We ended up arrested and imprisoned,
and my children were in foster care.
1095
01:12:24,381 --> 01:12:29,136
[Chen] These families walked in,
hoping for help for their child,
1096
01:12:29,219 --> 01:12:31,055
and some of them walked out in handcuffs.
1097
01:12:49,948 --> 01:12:51,367
[Maya] At the hospital,
1098
01:12:52,868 --> 01:12:55,704
the way they spoke about my mom,
1099
01:12:56,747 --> 01:12:58,374
it was pretty messed up.
1100
01:13:09,593 --> 01:13:13,806
They would try to convince me
that my mom was doing things to me.
1101
01:13:15,349 --> 01:13:18,227
That she was making my CRPS up.
1102
01:13:20,729 --> 01:13:22,314
It's complete nonsense.
1103
01:13:23,607 --> 01:13:25,025
I realize that now.
1104
01:13:27,319 --> 01:13:31,448
At first, I was, um... definitely confused,
1105
01:13:31,532 --> 01:13:34,743
and that confusion molded into anger.
1106
01:13:36,787 --> 01:13:40,457
To be in a hospital
that's basically keeping you captive
1107
01:13:41,041 --> 01:13:44,128
away from my family,
my friends, my school,
1108
01:13:45,504 --> 01:13:48,090
and away from the person you love.
1109
01:13:51,468 --> 01:13:52,845
[sighs]
1110
01:13:55,597 --> 01:13:57,224
Just very frustrating.
1111
01:13:59,309 --> 01:14:00,602
But I kept it in.
1112
01:14:01,895 --> 01:14:03,981
'Cause I was raised by two parents
1113
01:14:04,064 --> 01:14:07,067
who always taught me
to be kind and respectful,
1114
01:14:07,151 --> 01:14:08,360
and that's what I did.
1115
01:14:12,573 --> 01:14:13,824
[Jack] You know what?
1116
01:14:15,284 --> 01:14:16,452
We tried to cooperate.
1117
01:14:18,287 --> 01:14:21,248
But nothing changes if you stay quiet.
1118
01:14:22,458 --> 01:14:26,420
And we have to hold Johns Hopkins
responsible for what they done.
1119
01:14:28,213 --> 01:14:31,633
We want justice for Mom.
1120
01:14:48,942 --> 01:14:51,653
[Beata] Okay, so the first one
was Namenda.
1121
01:14:51,737 --> 01:14:53,381
- And the second one was...
- [nurse] Mm-hmm.
1122
01:14:53,405 --> 01:14:55,574
[Beata] He left you a message,
and I know he did.
1123
01:14:55,657 --> 01:14:58,744
- And then he sent you email later.
- [nurse] All right, Beata...
1124
01:14:58,827 --> 01:15:01,330
[Beata] The judge allowed her
to have a phone.
1125
01:15:01,413 --> 01:15:04,374
- It's in the court order.
- [nurse] Beata. Please stop recording me.
1126
01:15:05,834 --> 01:15:08,629
[man] Beata was a nurse, not a lawyer.
1127
01:15:09,379 --> 01:15:12,799
But somehow, she knew
what the hospital was doing.
1128
01:15:13,717 --> 01:15:15,677
She documented everything.
1129
01:15:16,428 --> 01:15:19,515
Every email, every writing,
every phone call,
1130
01:15:20,349 --> 01:15:23,393
and all of that documentation
is the reason we can sue.
1131
01:15:24,353 --> 01:15:27,147
Because when they come in
and tell us a falsehood,
1132
01:15:27,231 --> 01:15:29,149
we have the truth.
1133
01:15:30,817 --> 01:15:34,696
[woman] When I heard those phone calls,
as a mother, I got it.
1134
01:15:35,364 --> 01:15:38,325
I got the frustration of Beata.
1135
01:15:39,284 --> 01:15:41,036
It was like a pressure cooker. You know?
1136
01:15:41,119 --> 01:15:43,497
I... I could feel that
just kind of building up.
1137
01:15:44,581 --> 01:15:47,292
As lawyers, we're trained
to separate the emotion out of it,
1138
01:15:48,001 --> 01:15:49,628
but you can't help yourself.
1139
01:15:49,711 --> 01:15:52,673
You think about "What if it was my child,
1140
01:15:53,298 --> 01:15:56,134
and she's got something
that's causing extreme pain,
1141
01:15:56,718 --> 01:15:59,555
and then you find doctors
that say there's hope?"
1142
01:16:00,847 --> 01:16:03,350
That was all just stripped away instantly.
1143
01:16:04,101 --> 01:16:05,477
Most families give up.
1144
01:16:06,770 --> 01:16:08,272
Not because they want to,
1145
01:16:08,355 --> 01:16:13,277
but because they're taking on
a huge corporation and the state.
1146
01:16:14,778 --> 01:16:20,075
So most parents don't have the ability,
the funds, the fortitude, or the counsel
1147
01:16:20,158 --> 01:16:23,370
to fight back,
so they enter into a case plan.
1148
01:16:23,453 --> 01:16:29,710
My attorney advised that it'd be safest
and quickest to take the case plan.
1149
01:16:30,919 --> 01:16:34,631
[Jennifer] A case plan is where
a parent chooses to go along
1150
01:16:34,715 --> 01:16:38,093
with whatever the state requires of them.
1151
01:16:38,719 --> 01:16:42,014
A checklist, if you will,
to get your child back.
1152
01:16:45,559 --> 01:16:48,854
It's just simpler
to go through the case plan
1153
01:16:48,937 --> 01:16:50,063
even if you're innocent.
1154
01:16:50,147 --> 01:16:53,483
However, if you go ahead
and sign the case plan,
1155
01:16:53,567 --> 01:16:56,069
you're releasing the hospital
from liability.
1156
01:16:57,279 --> 01:16:59,781
But the Kowalskis didn't take a case plan.
1157
01:16:59,865 --> 01:17:01,742
Beata wasn't gonna do that.
1158
01:17:01,825 --> 01:17:05,662
She knew she was right,
and she was gonna fight.
1159
01:17:05,746 --> 01:17:08,248
[Jennifer] I don't know
that they were looking to the future,
1160
01:17:08,332 --> 01:17:10,626
but I do know that set them apart.
1161
01:17:10,709 --> 01:17:14,338
If she hadn't taken such an aggressive
approach, we couldn't have sued.
1162
01:17:14,921 --> 01:17:16,965
So we're going after the hospital,
1163
01:17:17,049 --> 01:17:19,926
Dr. Sally Smith, and Suncoast,
1164
01:17:20,010 --> 01:17:23,347
based on what's known as
"infliction of emotional distress,"
1165
01:17:23,430 --> 01:17:25,849
meaning that they knew
what they were doing,
1166
01:17:26,350 --> 01:17:29,311
pushing her towards some form of harm.
1167
01:17:30,937 --> 01:17:33,565
So they should pay punitive damages,
1168
01:17:33,649 --> 01:17:37,277
which are designed to punish them
for their wrongdoing.
1169
01:17:41,406 --> 01:17:45,118
[Vivianna] This young girl, Maya,
represents hope for all of us
1170
01:17:45,786 --> 01:17:49,206
in bringing Sally Smith down,
bringing the system down.
1171
01:17:50,499 --> 01:17:55,045
[Jennifer] They want their voice heard,
they want to be able to tell their story,
1172
01:17:55,128 --> 01:18:00,967
and they want the hospital
and Dr. Sally Smith to actually hear them.
1173
01:18:02,260 --> 01:18:04,888
[Maya] I want people to see
that I wasn't lying,
1174
01:18:04,971 --> 01:18:08,642
and that other families
who are going through similar situations,
1175
01:18:08,725 --> 01:18:10,477
they're not lying either.
1176
01:18:11,978 --> 01:18:13,355
I have CRPS.
1177
01:18:13,855 --> 01:18:15,732
My mom was not making me sick.
1178
01:18:17,192 --> 01:18:19,695
I just wish people would believe me.
1179
01:18:21,863 --> 01:18:25,158
[bailiff] Miss Kowalski, would you be
so kind as to raise your right hand?
1180
01:18:25,242 --> 01:18:27,828
Do you solemnly swear
the testimony you are about to give
1181
01:18:27,911 --> 01:18:31,331
will be the truth, the whole truth,
and nothing but the truth?
1182
01:18:31,415 --> 01:18:32,249
Yes.
1183
01:18:32,332 --> 01:18:37,379
[lawyer 1] We're on the record.
The time is 9:57 on August 28, 2020.
1184
01:18:37,462 --> 01:18:40,233
[court clerk] This marks the beginning
of the deposition of Kyle Kowalski.
1185
01:18:40,257 --> 01:18:45,178
We are on the record.
October 15th, 2021, at 9:01 a.m.
1186
01:18:45,262 --> 01:18:47,305
[Jack] It's been five years now
1187
01:18:47,389 --> 01:18:51,101
since we decided to file a lawsuit
against Johns Hopkins.
1188
01:18:53,478 --> 01:18:57,023
We're not sleeping at night.
We're thinking of it all the time.
1189
01:18:57,107 --> 01:18:59,568
[lawyer 1] Time is 2:41.
We're going off the record.
1190
01:19:00,485 --> 01:19:02,154
It's absolutely brutal.
1191
01:19:02,237 --> 01:19:03,957
[lawyer 2] Did you look
for a second opinion
1192
01:19:03,989 --> 01:19:06,450
for someone who could perform
a ketamine coma procedure?
1193
01:19:06,533 --> 01:19:08,243
That, I'm unaware of.
1194
01:19:08,326 --> 01:19:11,872
Unfortunately, the person
that would know that answer is dead.
1195
01:19:12,706 --> 01:19:15,167
[lawyer 2] By that, you mean
your late wife, Beata Kowalski?
1196
01:19:15,250 --> 01:19:16,250
That is correct.
1197
01:19:16,877 --> 01:19:20,464
[lawyer 2] You indicate in paragraph six
of your affidavit that you, quote,
1198
01:19:20,547 --> 01:19:23,133
"refuse to go to doctors or hospitals."
1199
01:19:23,216 --> 01:19:25,177
- Do you see that?
- Yeah.
1200
01:19:25,260 --> 01:19:28,346
[lawyer 2] Why is it that you refuse
to go to doctors or hospitals?
1201
01:19:29,431 --> 01:19:32,225
I feel like it's pretty self-explanatory.
1202
01:19:32,309 --> 01:19:34,519
The last time I was in a hospital,
1203
01:19:34,603 --> 01:19:37,439
I was medically abducted for three months.
1204
01:19:38,732 --> 01:19:41,401
I just can't go to doctors.
I hate going to doctors.
1205
01:19:41,485 --> 01:19:44,070
I hate going to hospitals.
1206
01:19:45,030 --> 01:19:45,906
[lawyer 2] Okay.
1207
01:19:45,989 --> 01:19:50,619
Next time you do a depo on my daughter,
could you use a different tactic?
1208
01:19:51,286 --> 01:19:54,748
She takes it hard,
and you gotta be careful.
1209
01:19:56,249 --> 01:19:58,752
- Especially with a young child.
- [lawyer 2] Mm-hmm.
1210
01:19:58,835 --> 01:19:59,878
[crying] I remember
1211
01:20:00,879 --> 01:20:03,340
hearing the nurses talk about me.
1212
01:20:06,551 --> 01:20:09,638
"She's a liar. She's a liar.
Don't believe anything she said."
1213
01:20:09,721 --> 01:20:12,432
"She's not in pain."
That's what they would say to me.
1214
01:20:12,516 --> 01:20:14,601
That's what they would say to people!
1215
01:20:14,684 --> 01:20:18,188
You have no clue
how traumatic that was for me.
1216
01:20:18,271 --> 01:20:22,108
You have the audacity
to ask me why I'm afraid of hospitals?
1217
01:20:22,651 --> 01:20:25,779
Are you insane? Are you insane?
1218
01:20:26,655 --> 01:20:30,200
My mom died,
and I will never get to see her again!
1219
01:20:30,700 --> 01:20:31,701
Ever!
1220
01:20:33,912 --> 01:20:36,915
I have to go to school,
and girls talk about
1221
01:20:36,998 --> 01:20:39,501
how they went on shopping trips
with their mom.
1222
01:20:40,168 --> 01:20:42,712
How they get to,
you know, have little things.
1223
01:20:43,797 --> 01:20:48,260
You know how hard it is for me
to sit and, like, listen to that?
1224
01:20:48,969 --> 01:20:50,554
Are you serious?
1225
01:20:51,721 --> 01:20:53,765
You traumatized me!
1226
01:20:57,227 --> 01:20:58,830
[lawyer 2] You need to take a break, Maya?
1227
01:20:58,854 --> 01:20:59,938
[frustratedly] Yeah.
1228
01:21:00,021 --> 01:21:01,815
[lawyer 2] Okay. We can go off the record.
1229
01:21:20,792 --> 01:21:24,462
[Gregory] We're in the final stages
of preparations to get us to trial.
1230
01:21:25,380 --> 01:21:27,757
So people are staying up late.
1231
01:21:27,841 --> 01:21:29,301
There's paper flying everywhere.
1232
01:21:29,384 --> 01:21:32,554
We're getting last-minute motions filed.
We're flying experts in.
1233
01:21:32,637 --> 01:21:35,849
They all come down to see Dr. Hanna
and get ketamine treatments?
1234
01:21:36,474 --> 01:21:40,520
[Gregory] And recently,
we started digging into the codes
1235
01:21:40,604 --> 01:21:44,566
that Johns Hopkins used
for billing the insurance companies,
1236
01:21:45,358 --> 01:21:50,906
and we found out that they billed them
for three months' treatment for CRPS.
1237
01:21:51,531 --> 01:21:54,159
The exact same illness
1238
01:21:54,242 --> 01:21:59,080
Sally Smith was telling the courts
she did not have
1239
01:21:59,164 --> 01:22:01,124
and that the parents had made up.
1240
01:22:01,791 --> 01:22:03,001
- Really?
- Yeah.
1241
01:22:03,084 --> 01:22:05,170
I think the other side's
gonna have a hard time.
1242
01:22:05,253 --> 01:22:09,007
I think that's why
they have been fighting tooth and nail
1243
01:22:09,090 --> 01:22:11,009
to play keep away from the jury.
1244
01:22:12,886 --> 01:22:17,223
And we just found out
that the hospital hired a former judge
1245
01:22:17,307 --> 01:22:21,102
from the Second District Court of Appeals
that sits above our trial court,
1246
01:22:21,853 --> 01:22:26,358
so Johns Hopkins will have
incredibly powerful legal representation.
1247
01:22:27,817 --> 01:22:29,819
I do. I think...
1248
01:22:30,528 --> 01:22:32,572
[Gregory] April 4th, we pick a jury,
1249
01:22:33,949 --> 01:22:35,575
and then we'll be in trial.
1250
01:22:41,164 --> 01:22:42,832
- [computer chimes]
- [Gregory] Hi, May.
1251
01:22:42,916 --> 01:22:44,668
- [chuckles]
- [Gregory] Where's Kyle?
1252
01:22:45,418 --> 01:22:46,795
- There he is.
- Hello.
1253
01:22:46,878 --> 01:22:48,296
- How's my man?
- Good.
1254
01:22:50,548 --> 01:22:53,218
So, yesterday morning,
1255
01:22:53,301 --> 01:22:56,388
we got an order
telling us we could go to trial.
1256
01:22:57,389 --> 01:22:58,932
And we were ecstatic.
1257
01:22:59,516 --> 01:23:01,726
Then, around 1:30,
1258
01:23:01,810 --> 01:23:05,397
we get the second order
from the Second District Court of Appeals
1259
01:23:05,480 --> 01:23:06,898
to stay the trial.
1260
01:23:08,191 --> 01:23:09,191
So,
1261
01:23:10,485 --> 01:23:12,654
we're not gonna go to trial Monday.
1262
01:23:17,200 --> 01:23:18,994
Are you gonna be okay, May?
1263
01:23:20,662 --> 01:23:22,414
- I guess.
- We're gonna get 'em.
1264
01:23:22,497 --> 01:23:24,374
- [scoffs] But...
- We got 'em.
1265
01:23:24,457 --> 01:23:25,601
- It's just a...
- [Gregory] Hey.
1266
01:23:25,625 --> 01:23:27,627
- ...little more time.
- [Gregory] Maya.
1267
01:23:27,711 --> 01:23:29,551
That's what we've been told
for how many years?
1268
01:23:29,587 --> 01:23:31,673
- Maya, listen.
- I can tell you this.
1269
01:23:31,756 --> 01:23:35,093
They don't have a case at trial
1270
01:23:35,719 --> 01:23:40,015
because they're fighting so hard
to keep us out of the courtroom.
1271
01:23:40,932 --> 01:23:43,184
The last thing they want on the planet
1272
01:23:43,268 --> 01:23:48,064
is seeing the three Kowalskis
on that witness stand telling their story.
1273
01:23:49,232 --> 01:23:52,902
It's perseverance that wins the day here.
1274
01:24:23,183 --> 01:24:25,935
[Kyle] They're scared
for us being in the courtroom.
1275
01:24:26,436 --> 01:24:30,940
They're just doing everything they could
to keep us out and keep delaying it.
1276
01:24:32,942 --> 01:24:35,987
I just don't want us as a family
to feel defeated.
1277
01:24:37,113 --> 01:24:38,323
Losing my mom,
1278
01:24:39,074 --> 01:24:42,494
and then all the stress
that's put on my dad,
1279
01:24:43,036 --> 01:24:47,582
trying to manage having kids,
and then going through all this.
1280
01:24:50,460 --> 01:24:54,714
I just don't want us to live
the rest of our lives knowing that.
1281
01:24:55,590 --> 01:24:56,925
[director] Knowing what?
1282
01:24:57,967 --> 01:24:59,177
That we lost.
1283
01:25:02,555 --> 01:25:07,435
[Chen] Even when cases
had been dropped or overturned,
1284
01:25:07,519 --> 01:25:08,728
the damage had been done.
1285
01:25:10,188 --> 01:25:11,898
Kids had been traumatized,
1286
01:25:12,398 --> 01:25:15,652
parents had their reputations destroyed.
1287
01:25:16,611 --> 01:25:19,989
[Ashley] Even though my charges were
dropped, and I was found of no wrongdoing,
1288
01:25:20,073 --> 01:25:23,910
I had people messaging me,
telling me that I should kill myself,
1289
01:25:23,993 --> 01:25:26,454
that my children deserved
to be in foster care,
1290
01:25:26,538 --> 01:25:28,248
and they hoped I never got them back.
1291
01:25:30,458 --> 01:25:34,003
[Carly] They tried to divide
her father and I.
1292
01:25:34,504 --> 01:25:38,007
They wanted us to argue.
They wanted us to blame each other.
1293
01:25:38,591 --> 01:25:40,426
I lost a lot of friends.
1294
01:25:40,510 --> 01:25:43,388
I lost my home, my job,
1295
01:25:43,471 --> 01:25:45,056
my daughter.
1296
01:25:45,140 --> 01:25:50,436
I've learned to try not to think about it
because, you know, she's home now, and...
1297
01:25:53,523 --> 01:25:54,523
Sorry.
1298
01:25:56,568 --> 01:25:57,735
Nobody ever pays you back
1299
01:25:57,819 --> 01:26:00,780
for the money that you spent
on lawyers and experts and attorneys,
1300
01:26:00,864 --> 01:26:04,868
and you go into debt.
You know, we almost filed for bankruptcy.
1301
01:26:04,951 --> 01:26:06,161
It's just crazy.
1302
01:26:08,079 --> 01:26:13,585
[John] I spent over 300 days in jail
before they finally dropped the charges.
1303
01:26:15,461 --> 01:26:17,547
They ruined my life because of it.
1304
01:26:19,424 --> 01:26:22,302
[Ashley] It's just a very scary feeling
1305
01:26:22,886 --> 01:26:26,806
to know that somebody's words
can be so life changing.
1306
01:26:27,307 --> 01:26:30,185
There's a lot of pressure
on child-abuse pediatricians
1307
01:26:30,268 --> 01:26:31,686
to be able to say definitively
1308
01:26:31,769 --> 01:26:34,272
that this was abuse,
or that this was an accident.
1309
01:26:34,355 --> 01:26:37,066
But these kinds of cases
are way too complicated
1310
01:26:37,150 --> 01:26:38,318
to be black and white.
1311
01:26:39,027 --> 01:26:41,321
Often they're in a gray area.
1312
01:26:42,989 --> 01:26:47,577
So when there is just one person
whose word is like gold,
1313
01:26:47,660 --> 01:26:52,207
opinions, interpretation,
perspectives, bias starts to play in
1314
01:26:52,749 --> 01:26:56,044
and starts to play a huge, huge role,
and it can be a dangerous one.
1315
01:26:59,380 --> 01:27:03,426
[Vivianna] Since 2016, I've been writing
Sally Smith a Christmas card
1316
01:27:03,509 --> 01:27:05,887
with our family's picture on it
1317
01:27:05,970 --> 01:27:10,683
so she's reminded of a family
that she tried to break apart but didn't.
1318
01:27:12,393 --> 01:27:15,563
She wrote me back one year,
which I was very surprised,
1319
01:27:16,064 --> 01:27:17,273
and this is what she said.
1320
01:27:17,357 --> 01:27:20,526
"Dear Mr. and Mrs. Graham,
I received your card again
1321
01:27:20,610 --> 01:27:23,154
and just wanted to say
I'm sorry you're still so angry
1322
01:27:23,238 --> 01:27:26,407
about my part
in the investigation regarding your son."
1323
01:27:27,158 --> 01:27:29,035
"There are definitely a disturbing number
1324
01:27:29,118 --> 01:27:32,121
of abused and neglected children
in Pinellas County."
1325
01:27:32,205 --> 01:27:35,917
"I understand you feel very strongly
that your son wasn't one of them."
1326
01:27:36,918 --> 01:27:38,586
"You mentioned in your note
1327
01:27:38,670 --> 01:27:41,422
that Tristan was found
to have another diagnosis,
1328
01:27:41,506 --> 01:27:42,757
and if you have a chance,
1329
01:27:42,840 --> 01:27:45,385
I would very much like to hear
what that was
1330
01:27:45,468 --> 01:27:48,054
so I can consider it appropriately
next time."
1331
01:27:48,972 --> 01:27:52,767
"I try very hard
to be thorough and get it right."
1332
01:27:53,685 --> 01:27:55,019
"But perhaps..."
1333
01:27:55,103 --> 01:27:56,229
[clears throat]
1334
01:27:56,312 --> 01:28:00,066
"...I need to be careful
to consider the 'gray areas.'"
1335
01:28:02,735 --> 01:28:04,529
If there's gray areas,
1336
01:28:05,530 --> 01:28:08,283
this is just based on her... her opinion.
1337
01:28:09,117 --> 01:28:10,493
[sighs]
1338
01:28:10,576 --> 01:28:12,412
[Ashley] There's been so many cases,
1339
01:28:12,495 --> 01:28:16,291
so many families that have been affected
and wrongly accused.
1340
01:28:17,709 --> 01:28:23,047
How many times are you allowed to be wrong
and destroy lives before they say,
1341
01:28:23,131 --> 01:28:26,092
"Okay, that's enough.
It's time that we change some things"?
1342
01:28:26,175 --> 01:28:27,969
What is it truly gonna take?
1343
01:28:42,775 --> 01:28:43,985
[dog whimpers]
1344
01:28:44,068 --> 01:28:45,403
Shh.
1345
01:28:47,322 --> 01:28:48,322
It's okay.
1346
01:28:49,365 --> 01:28:50,867
Yeah, it's okay.
1347
01:28:52,076 --> 01:28:53,244
[whines]
1348
01:28:56,414 --> 01:28:58,833
Courtroom H. [sighs]
1349
01:29:01,794 --> 01:29:05,340
They stopped us
from having our jury selection on Monday.
1350
01:29:06,716 --> 01:29:08,468
It is now Tuesday,
1351
01:29:09,177 --> 01:29:14,640
and we have one more chance
to go in front of the judge and, uh...
1352
01:29:16,642 --> 01:29:19,604
see if we could continue
to have this trial,
1353
01:29:19,687 --> 01:29:22,065
starting tomorrow with the jury selection.
1354
01:29:24,067 --> 01:29:27,362
If not, we'd probably have
to live with this for another year.
1355
01:29:29,697 --> 01:29:33,326
We just gotta get off this ride.
It's a horrible ride.
1356
01:29:43,461 --> 01:29:49,967
[Maya] Last night, I wrote a statement
that I'd like to tell the court today,
1357
01:29:50,718 --> 01:29:56,140
and I'm hoping that
they could finally hear me for once.
1358
01:29:58,393 --> 01:30:01,521
I want them to know
my mom was a good person.
1359
01:30:03,314 --> 01:30:07,527
I want them to know how strong she was
and how determined she was.
1360
01:30:12,031 --> 01:30:14,450
I think I'm mainly going there for her.
1361
01:30:17,328 --> 01:30:19,664
[Jennifer] This trial means
everything to them,
1362
01:30:19,747 --> 01:30:22,333
because, without this, there's no closure.
1363
01:30:24,252 --> 01:30:26,421
They need the world to hear their story.
1364
01:30:27,547 --> 01:30:31,801
It doesn't mean you fix it,
but at least they can finally... move on.
1365
01:30:34,345 --> 01:30:37,682
[bailiff] All rise. This 12th Judicial
Circuit Court in and for Sarasota County
1366
01:30:37,765 --> 01:30:38,766
is now in session.
1367
01:30:38,850 --> 01:30:40,643
The Honorable Hunter Carroll presiding.
1368
01:30:41,269 --> 01:30:42,895
Please be seated, everyone.
1369
01:30:45,273 --> 01:30:50,361
I moved 2,000 cases
to make this trial happen,
1370
01:30:50,445 --> 01:30:55,158
but we are now getting past
the window of opportunity
1371
01:30:55,241 --> 01:30:56,325
to start the case.
1372
01:30:56,409 --> 01:30:58,119
That... That's just where I'm at.
1373
01:30:58,619 --> 01:31:00,121
I understand that, Judge,
1374
01:31:00,204 --> 01:31:02,582
but there's
extenuating circumstances here,
1375
01:31:02,665 --> 01:31:05,334
and I have the ability
to cut the case down
1376
01:31:05,418 --> 01:31:09,255
to the bare minimum to get the case done.
1377
01:31:09,338 --> 01:31:12,717
[Carroll] How do you get around
the Second District Court of Appeal
1378
01:31:12,800 --> 01:31:14,135
having stayed the trial?
1379
01:31:14,218 --> 01:31:18,347
I mean, I... I can't say
I can do jury selection but not the trial.
1380
01:31:19,348 --> 01:31:20,475
[Gregory] Uh...
1381
01:31:20,558 --> 01:31:22,685
I don't see any limitation
1382
01:31:22,768 --> 01:31:26,022
in the Court's jurisdiction
to pick a jury,
1383
01:31:26,105 --> 01:31:29,442
and I will do absolutely anything
that's necessary
1384
01:31:29,525 --> 01:31:32,236
to get the case tried
within the requisite period.
1385
01:31:33,529 --> 01:31:36,282
Mr. Altenbernd, any further response?
1386
01:31:36,365 --> 01:31:38,075
I just don't see how it's feasible.
1387
01:31:39,577 --> 01:31:41,329
[Carroll] I... I'm at the point, folks,
1388
01:31:41,412 --> 01:31:44,665
that I feel like there's just
too much uncertainty at this point,
1389
01:31:44,749 --> 01:31:49,545
so at this point, I'm going
to remove the case from the trial docket.
1390
01:31:49,629 --> 01:31:54,258
Uh, I will enter an order
staying proceedings in the trial court,
1391
01:31:54,342 --> 01:31:58,346
uh, until the earlier of May 4th, 2022,
1392
01:31:58,429 --> 01:32:00,223
or further order of the Court.
1393
01:32:01,933 --> 01:32:04,602
Is there anything else, uh,
we need to discuss today?
1394
01:32:04,685 --> 01:32:05,937
Yes, Your Honor.
1395
01:32:06,020 --> 01:32:07,396
The Kowalskis are here,
1396
01:32:07,480 --> 01:32:11,484
and they just wanted to speak to the court
if that's all right.
1397
01:32:11,567 --> 01:32:14,946
[Carroll] Well, it's a little unusual.
Mr. Hunter, what's your thought?
1398
01:32:15,029 --> 01:32:18,032
I don't know where this is going.
I don't think it's a good idea.
1399
01:32:18,115 --> 01:32:22,370
[Carroll] Um... I... I think it's probably
best to just leave it at that.
1400
01:32:22,954 --> 01:32:26,749
So... with that, we'll be in recess.
I will get the orders out.
1401
01:32:26,832 --> 01:32:28,543
[Gregory] Okay, thank you.
1402
01:32:28,626 --> 01:32:31,254
- [Carroll] Okay. Thank you all very much.
- [Gregory] Your Honor.
1403
01:32:32,838 --> 01:32:34,840
[bailiff] All rise. Court is in recess.
1404
01:32:49,021 --> 01:32:50,731
Okay... [sobs]
1405
01:32:54,527 --> 01:32:56,237
[Jack] It's okay. It's all right.
1406
01:32:58,114 --> 01:32:59,114
I can't...
1407
01:32:59,615 --> 01:33:01,284
[Maya sobbing]
1408
01:33:29,228 --> 01:33:30,771
[Maya] Can I sit in the front?
1409
01:33:30,855 --> 01:33:31,855
[Jack] Yeah.
1410
01:33:34,108 --> 01:33:35,651
- [engine starts]
- [Maya crying]
1411
01:33:38,654 --> 01:33:40,197
[Jack] Heartless bastards.
1412
01:33:42,783 --> 01:33:45,286
They're just gonna continue to beat us up.
1413
01:33:48,289 --> 01:33:49,665
They don't give a shit.
1414
01:33:49,749 --> 01:33:50,625
So...
1415
01:33:50,708 --> 01:33:53,753
[Maya] Please stop talking.
I don't wanna hear it anymore.
1416
01:34:00,176 --> 01:34:01,886
[door closes]
1417
01:34:09,435 --> 01:34:10,686
[door slams]
1418
01:34:15,149 --> 01:34:17,151
- [Kyle sobs]
- [door slams]
1419
01:34:23,741 --> 01:34:24,741
[Jack] Come here.
1420
01:34:25,242 --> 01:34:28,454
[Kyle, crying] It's not fair, Dad.
It's never gonna end.
1421
01:34:28,537 --> 01:34:30,081
It's never gonna end!
1422
01:34:32,083 --> 01:34:33,793
It's never gonna end, Dad.
1423
01:34:34,460 --> 01:34:35,503
[sobbing]
1424
01:34:36,128 --> 01:34:37,505
Nothing works.
1425
01:34:38,798 --> 01:34:40,925
I pray every single night.
1426
01:34:41,008 --> 01:34:43,302
Nothing. It doesn't help.
1427
01:34:49,183 --> 01:34:50,601
[sighs]
1428
01:34:51,352 --> 01:34:52,978
This has not been a good day.
1429
01:34:53,062 --> 01:34:55,022
[Jack] The kids are totally crushed.
1430
01:34:58,275 --> 01:34:59,443
I'm crushed.
1431
01:35:01,737 --> 01:35:02,947
It wears you out.
1432
01:35:05,032 --> 01:35:07,493
But if we give up and shut our mouths,
1433
01:35:08,744 --> 01:35:10,371
it's gonna happen again.
1434
01:35:10,871 --> 01:35:12,915
It's just a matter of time.
1435
01:35:16,293 --> 01:35:20,589
[Chen] This doesn't just end
with the Kowalskis, or just in Florida.
1436
01:35:21,549 --> 01:35:23,217
Families all across the country
1437
01:35:23,300 --> 01:35:26,971
are coming forward with stories
about being accused of child abuse.
1438
01:35:29,223 --> 01:35:31,892
Some families are stuck
in the legal system for years,
1439
01:35:31,976 --> 01:35:33,769
battling these accusations.
1440
01:35:34,854 --> 01:35:37,314
Some parents are in prison to this day.
1441
01:35:40,234 --> 01:35:44,363
The Kowalski family,
they're standing up for these parents
1442
01:35:45,823 --> 01:35:48,743
and trying to bring awareness
to this issue
1443
01:35:48,826 --> 01:35:54,540
that has been shrouded
in so much shame and secrecy.
1444
01:35:59,628 --> 01:36:00,755
[director] Speeding.
1445
01:36:01,380 --> 01:36:04,133
The windows,
and everything's closed out here.
1446
01:36:04,216 --> 01:36:05,634
[indistinct voices speaking]
1447
01:36:05,718 --> 01:36:08,429
[Jack] We want Beata's voice to be heard.
1448
01:36:11,724 --> 01:36:13,267
[director] We good on focus?
1449
01:36:13,350 --> 01:36:16,187
[Jack] We want Maya's voice to be heard.
1450
01:36:16,270 --> 01:36:18,189
[crew speaking indistinctly]
1451
01:36:18,272 --> 01:36:19,732
[crew member] Yep. Great. Thank you.
1452
01:36:19,815 --> 01:36:21,066
[director] Maya, are you okay?
1453
01:36:21,150 --> 01:36:22,150
You okay?
1454
01:36:30,659 --> 01:36:32,036
I want to speak.
1455
01:36:33,704 --> 01:36:36,832
But I just... I can't without crying.
1456
01:36:39,168 --> 01:36:40,544
[softly] I hate crying.
1457
01:36:44,632 --> 01:36:46,801
[Beata, over recording]
It's okay if you have to cry.
1458
01:36:47,593 --> 01:36:49,261
It's... It's normal.
1459
01:36:50,471 --> 01:36:54,141
You have to speak for yourself now
because Mommy is not there.
1460
01:36:56,894 --> 01:37:00,189
Just close your eyes
and pretend I'm there.
1461
01:37:03,734 --> 01:37:06,987
I know it's not the same,
but just be strong.
1462
01:37:11,325 --> 01:37:15,996
[young Maya] If you're watching this,
Mommy, I want you to know that I love you.
1463
01:37:17,122 --> 01:37:18,457
Send you kisses.
1464
01:37:19,500 --> 01:37:21,001
You'll know it's from me.
1465
01:37:40,104 --> 01:37:41,146
"Dear Mom."
1466
01:37:43,399 --> 01:37:46,569
"Saying that life has felt fucked up
since you left
1467
01:37:46,652 --> 01:37:49,613
is probably the biggest understatement
I could make."
1468
01:37:51,156 --> 01:37:54,743
"Dad, Kyle, and I
have all had to adapt to your absence."
1469
01:37:57,788 --> 01:37:59,415
"Dad distracts himself
1470
01:37:59,498 --> 01:38:01,917
by helping the neighbors
with painting projects."
1471
01:38:03,502 --> 01:38:07,256
"Kyle does his best to escape
by fishing for hours."
1472
01:38:09,133 --> 01:38:13,345
"When pouring all my energy into
my schoolwork got to be too exhausting,
1473
01:38:13,429 --> 01:38:16,932
I started to book every second
of my free time with friends,
1474
01:38:17,433 --> 01:38:20,102
outside of the house
and away from reminders."
1475
01:38:23,856 --> 01:38:26,150
"But as soon as we step foot
into our home,
1476
01:38:26,859 --> 01:38:28,819
we are brought back to reality."
1477
01:38:30,571 --> 01:38:31,614
"We miss you."
1478
01:38:33,824 --> 01:38:34,867
"I miss you."
1479
01:38:36,535 --> 01:38:39,663
"For five years,
we have been promised our trial."
1480
01:38:40,372 --> 01:38:42,917
"Yet it seems that
the closer we get to a set date,
1481
01:38:43,000 --> 01:38:44,668
the further it gets pushed."
1482
01:38:46,462 --> 01:38:49,340
"Even though we are discouraged,
we will not settle."
1483
01:38:51,008 --> 01:38:52,176
"We will fight for you,
1484
01:38:52,259 --> 01:38:55,387
and we will fight
for the thousands of other families
1485
01:38:55,471 --> 01:38:59,016
who find themselves
in the same unfortunate circumstances."
1486
01:39:03,354 --> 01:39:05,981
"Our day will come. I love you."
1487
01:39:11,028 --> 01:39:12,548
[Beata, over recording]
I love you too.
1488
01:39:13,697 --> 01:39:14,907
I love you too.
1489
01:39:18,911 --> 01:39:20,871
[Jack] We build a family with love.
1490
01:39:22,873 --> 01:39:24,124
Honesty.
1491
01:39:27,169 --> 01:39:28,169
Trust.
1492
01:39:34,343 --> 01:39:38,555
We, as parents, try to do
the best we can for our children.
1493
01:39:41,767 --> 01:39:43,435
You do everything for them.
1494
01:39:47,940 --> 01:39:49,900
That's what Beata and I did.
1495
01:41:44,556 --> 01:41:48,227
So our son Leo was born
with a rare genetic disorder.
1496
01:41:48,310 --> 01:41:51,688
I noticed that something was wrong
with his right leg.
1497
01:41:51,772 --> 01:41:55,317
She was crying and moving her arm
in a weird way when we picked her up.
1498
01:41:55,400 --> 01:41:59,988
DHS called and said,
"You have to bring 'em in to our doctor."
1499
01:42:00,072 --> 01:42:04,701
We went to the emergency room,
and they did an X-ray on her.
1500
01:42:04,785 --> 01:42:06,995
The child-abuse pediatrician came in
1501
01:42:07,079 --> 01:42:11,959
and said there was no other explanation
other than abusive head trauma.
1502
01:42:12,042 --> 01:42:14,044
They never looked
into his medical history.
1503
01:42:14,128 --> 01:42:17,756
Never did any type of due diligence
to see what had been going on.
1504
01:42:17,840 --> 01:42:21,677
And I said, "Can this be something else,
such as a medical condition
1505
01:42:21,760 --> 01:42:24,012
because my son has never been hurt
in any way?"
1506
01:42:24,096 --> 01:42:26,640
And he said, "Yes,
but since he's a baby and can't talk,
1507
01:42:26,723 --> 01:42:28,684
we're gonna go with abuse,"
and walked away.
1508
01:42:28,767 --> 01:42:32,729
I thought I was doing the right thing
by taking my child to the hospital,
1509
01:42:32,813 --> 01:42:37,151
and I honestly had no idea
what the consequences could be.
1510
01:42:37,234 --> 01:42:40,404
We went in there with two babies
and left with none.
1511
01:42:40,487 --> 01:42:42,906
I spent 15 years in prison.
1512
01:42:42,990 --> 01:42:45,284
My father, he was sentenced to prison,
1513
01:42:45,367 --> 01:42:48,287
and he's been there for 26 years.
1514
01:42:48,370 --> 01:42:51,957
It's not "You're innocent
until proven guilty."
1515
01:42:52,040 --> 01:42:55,043
It's "You're guilty
until you prove your own innocence."
1516
01:42:55,127 --> 01:42:58,672
I just cannot even believe
that this is the actual system
1517
01:42:58,755 --> 01:43:00,799
that is set in place to protect children.
1518
01:43:00,883 --> 01:43:03,468
We'd never thought
this ever would have happened to us.
1519
01:43:03,552 --> 01:43:06,054
But this can, in fact,
happen to anyone at any time.
1520
01:43:06,138 --> 01:43:09,933
The trauma, like, it's... it's forever.
1521
01:43:12,811 --> 01:43:13,811
Yeah.