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

December 21, 2023

In the summer of 2022, Aubrey Corwin, M.S., L.P.C., C.R.C., C.L.C.P., as the Plaintiff-retained vocational rehabilitation and life care planning expert in the Gresser v. Banner Health, et al. matter, helped achieve the largest medical malpractice verdict in Colorado’s history. Utilizing VDI’s loss of earning capacity and future medical care calculations (Life Care Plan), $27.6 million was awarded by the jury with another $12 million in pre- and post-filing interest added, for the family of a baby girl who suffered severe neurological deficits and other sequelae following birth, due to neglect of the hospital medical staff. Over 40 years ago, the Colorado General Assembly enacted the Health Care Availability Act (HCAA) to put a cap of $1,000,000 on tort damages awarded in medical malpractice cases. If the court had not found good cause to award the Plaintiffs in excess of this cap, this would critically limit the economic damages awarded to the Gresser family – funds desperately needed to provide the care Carina Gresser requires. An appeal was brought forth in the Colorado Court of Appeals by Defense counsel claiming that the court in their original judgment, erred in several ways and that the statutory cap should not have been lifted. In November 2023, a judgement was entered in favor of the Plaintiffs, determining that “the record amply supported that amount and it was not grossly and manifestly excessive.” Not only was this a huge win for the family and the trial team, it also has established new case law in the state of Colorado and set an impressive precedent for years to come.