Denver, Colorado – On October 20, 2025, Bachus & Schanker affirmed a landmark judgment in Banner Health v. Gresser (23SC959). The ruling secures a full jury award for Chance and Erin Gresser on behalf of their minor daughter, C.G., who suffered severe neurological injuries due to medical negligence during labor and postpartum care.
The jury initially awarded over $27 million in economic damages. While Colorado law generally caps medical malpractice damages at $1 million under the Health Care Availability Act (“HCAA”), the trial court found reasonable cause to exceed the cap and entered judgment for the full award, plus pre- and post-filing interest, an amount now totaling over $50 million.
The Supreme Court affirmed, holding that once a court determines it is appropriate to exceed the statutory cap, the jury retains its authority to determine the proper amount of damages.
“This Supreme Court ruling underscores the critical role of the jury in determining fair compensation for catastrophic injuries,” said Darin Schanker, partner at Bachus & Schanker. “We are proud to have advocated for the Gressers and to secure justice for their child, ensuring she has the resources she will need for the rest of her life.”
The decision clarifies how Colorado courts should handle statutory damages caps while respecting jury awards, marking a significant victory for victims of severe medical negligence.
CASE INFORMATION
Colorado Supreme Court
Banner Health v. Gresser
Case No. 23SC959
Founded on January 1, 1996, in Denver, Colorado, Bachus & Schanker is a nationally recognized personal injury law firm dedicated to representing individuals and families in serious, catastrophic injury and wrongful death cases. For 30 years, the firm’s attorneys have lived and worked in Colorado communities, serving as trusted advocates for families across the state while building a reputation for trial excellence and principled representation. Bachus & Schanker maintains offices throughout Colorado — including Denver, Aurora, Englewood, Fort Collins, Colorado Springs, and Grand Junction — as well as Cheyenne, Wyoming, and accepts select cases nationwide. The firm’s catastrophic-injury practice is supported by a specialized team of experienced trial lawyers and dedicated victim advocates, ensuring families receive both exceptional legal representation and meaningful support during life-altering circumstances.
Bachus & Schanker Personal Injury Lawyers
1801 California Street, Suite 4800, Denver, CO 80202
303-679-4920
Edie.Britton@ColoradoLaw.net
https://coloradolaw.net
Press Contact : Edie Britton
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