Bachus & Schanker Secures Landmark Colorado Supreme Court Victory in Medical Malpractice Case
Source: Bachus & Schanker Personal Injury Lawyers (EZ Newswire)
Bachus & Schanker secured affirmation of a landmark Colorado Supreme Court judgment in Banner Health v. Gresser, upholding a jury’s more than $27 million award — now exceeding $50 million with interest — for a child’s catastrophic medical malpractice injuries and confirming courts may exceed HCAA damage caps while preserving the jury’s role in determining full compensation.
DENVER, CO, January 29, 2026 (EZ Newswire) -- 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
Case No. 23SC959
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SOURCE: Bachus & Schanker Personal Injury Lawyers
https://app.eznewswire.com/news/bachus-schanker-colorado-supreme-court-medmal-victory