Chance Gresser, et al. V. Banner Health D/B/A North Colorado Medical Center, et al.

November 23, 2022

This case concerned a 3 day old baby that developed severe neurological defects and cerebral palsy due to a nurse’s negligence. VDI was retained by Plaintiff to complete an earning capacity evaluation and Life Care Plan. The case went to trial and the jury awarded the child’s family $27.6 million in damages.

Carina Gresser was born a healthy baby girl; however, unbeknownst to her parents or her doctors, she contracted an e. coli infection during the birth process. After approximately one day, she started showing signs of sepsis, which is a progression of the infection. Even though Carina was starting to show the signs of infection, the nurse in charge of caring for her never notified a doctor. Eventually a nurse contacted a doctor and later Carina was rushed to the NICU where antibiotics were started, but it was too late to prevent permanent brain damage.

Carina is now 4.5 years old with intermediate cerebral palsy. She does not yet speak, is developmentally delayed, and will always need around-the-clock care. Considering her injuries, Ms. Corwin developed a comprehensive Life Care Plan outlining Carina’s future medical care needs and associated costs for said care. In addition to performing an earning capacity evaluation evaluating Carina’s future lost wages as she will be unable to work in the future. Ms. Corwin testified to the value of these economic damages.

After a three-week trial, the jury of six awarded Carina Gresser $2,517,274.23 in past medical expenses, $1,200,000 in future lost wages, and $23,930,000 for her future medical care based on our Life Care Plan.