In an issue of first impression, the Colorado Court of Appeals has upheld a decision allowing a nearly $40 million verdict, significantly raising the former cap for awards under the Health Care Availability Act. The case in question involved plaintiffs Chance and Erin Gresser, who filed a medical negligence lawsuit against Banner Health, operating as North Colorado Medical Center, for a delayed sepsis diagnosis in their minor daughter.
The Gressers alleged that the hospital’s nursing staff failed to timely detect and report the symptoms of sepsis in their daughter, identified in court documents as C.G. These allegations were taken to a jury trial, and the resulting verdict heavily favored the plaintiffs to the tune of almost $40 million, exceeding the previous cap set for such cases. For an in-depth review of the court proceedings, readers can access the Colorado Court of Appeals’ opinion.
According to the Health Care Availability Act, the trial court has the power to make findings that may allow for a lifting of the $1 million cap, thus granting “the present value of additional past and future economic damages”, as we have witnessed in this case.
The plaintiffs’ counsel, Zachary Wool of Barrios Kingsdorf & Casteix in New Orleans, commended the Court of Appeals and the Weld County jury for their decisive verdict and rulings. Wool expressed gratitude for the detailed, timely, and well-reasoned decision that has unfolded thus far. For complete details on the lawsuit, the progression of the case, and its potential long-term implications, interested readers can access the original coverage on Law.com.
This case’s outcome could set a precedent for future cases involving medical negligence claims in Colorado and possibly beyond, illustrating that the cap on damages can indeed be surpassed if a court so determines. It remains to be seen how this will shape the landscape of similar lawsuits in the future.