Page 1 of 3 Filed 8/7/2023 7:32 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL IN THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA JACK KOWALSKI, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN MK A MINOR, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN KK A MINOR, JACK KOWALSKI AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BEATA KOWALSKI DECEASED, Plaintiff, v. CASE NO. 2018 CA 005321 NC DIVISION C CIRCUIT JOHNS HOPKINS ALL CHILDRENS HOSPITAL INC, SUNCOAST CENTER INC, CATHERINE BEDY, THE DEPARTMENT OF CHILDREN AND FAMILIES AS THE CUSTODIAN OF RECORDS, SALLY M SMITH MD, JOHNS HOPKINS HEALTH SYSTEM CORPORATION INC, Defendant. _____________________________________ ORDER DENYING WITHOUT PREJUDICE DEFENDANTS JHACH’S MOTION IN LIMINE REGARDING PROHIBITION OF KETAMINE BEFORE THE COURT is Defendant JHACH’s Motion in Limine Regarding Prohibition of Ketamine [DIN 3191]. Defendants in their motion seek to forbid reference to, or mention of, any argument, statement, or implication that M.K. has not been allowed to utilize Ketamine or other analgesics since her discharge from JHACH or imply that JHACH has any responsibility for such situation. After Beata Kowalski’s death by suicide, the Dependency Court on January 17, 2017 (but signed on January 13, 2017) entered a comprehensive order concerning M.K.’s placement pending trial or dismissal of the proceedings. In that Order, the Dependency Court placed the Page 2 of 3 Filed 8/7/2023 7:32 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL following restrictions “pending trial or further court order . . . 1. No Ketamine shall be administered. Absent a court order, psychotropic drugs must be approved by the Guardian ad Litem and DCF prior to being administered. The father shall keep a list of all medications prescribed for [M.K.].” JHACH contends that the Dependency Court’s order with respect to Ketamine terminated when the Dependency case was dismissed. JHACH is concerned with statements by Plaintiffs suggesting that the Dependency Court’s order continued after dismissal or those that blame JHACH for an inability of M.K. to access appropriate pain medication for her condition. The parties discussed at least two variants of statements. First , those statements indicating that either the Dependency Court Order remained in effect (or the Kowalski family believed it remained in effect). Second , those statements that the Kowalski family would fear future DCF involvement should Ketamine be administered to M.K. JHACH conceded that statements in the second category likely would be admissible. After substantial discussion, the Court indicated a potential intent that, if circumstances warranted, it would give an appropriate jury instruction about the legal efficacy of the Dependency Court’s order following dismissal of the dependency proceeding. If the testimony were in the nature of the second category only, the Court likely would not need to provide a jury instruction on this issue. Given the broad and uncertain nature of JHACH’s motion, though, the Court denies it without prejudice until there is further clarification of the specific testimony, if any, on this issue. DONE AND ORDERED in Sarasota, Sarasota County, Florida, on August 07, 2023. HUNTER W CARROLL Circuit Judge SERVICE CERTIFICATE On August 07, 2023, the Court caused the foregoing document to be served via the Clerk of Court’s case management system, which served the following individuals via email (where indicated). On the same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of Court. C HOWARD III HUNTER HILL WARD & HENDERSON PA Page 3 of 3 Filed 8/7/2023 7:32 AM - Karen E Rushing, Clerk of the Circuit Court, Sarasota County, FL P.O. BOX 2231 TAMPA, FL 33602 CHRIS WILLIAM ALTENBERND 801 E TWIGGS ST # 600 TAMPA, FL 33602 GREGORY ANDREW ANDERSON ONE ENTERPRISE CTR 225 WATER ST STE 2100 JACKSONVILLE, FL 32202 ETHEN R SHAPIRO HILL WARD HENDERSON P. O. BOX 2231 TAMPA, FL 33601 PATRICIA D CRAUWELS 1626 RINGLING BLVD STE 300 SARASOTA, FL 34236 NICHOLAS P WHITNEY 10751 DEERWOOD PARK BLVD STE 105 JACKSONVILLE, FL 32256 DAVID W HUGHES HILL WARD HENDERSON P.O. BOX 2231 44601-2231, FL TAMPA