In an issue of first impression, the Colorado Court of Appeals held that, under the Health Care Availability Act, a trial court has the authority to make the appropriate findings and lift the $1 million cap to award “the present value of additional past and future economic damages.”
Chance and Erin Gresser filed a complaint against Banner Health, doing business as North Colorado Medical Center in Weld County District Court on behalf of their minor daughter, C.G. The Gresser’s claim of medical negligence against Banner alleged that the nursing staff failed to timely recognize and report C.G.’s symptoms of sepsis. The case went to a jury trial where the Gressers were awarded nearly $40 million, according to the opinion filed Thursday.
