$27.6 Million Verdict for Newborn Whose E. Coli Sepsis Went Untreated at North Colorado Medical Center

Carina May Gresser was born at North Colorado Medical Center in Greeley with Apgar scores of 8 and 10, a healthy start. By her second day of life, she showed signs of infection consistent with sepsis. A standing order already in her medical chart directed nurses to notify her physician immediately at the first signs of sepsis. That notification did not happen.

Without prompt antibiotic treatment, an E. coli infection spread to Carina's bloodstream and then to her brain. The delay in diagnosis and treatment caused permanent brain injury and cerebral palsy, along with a seizure disorder and developmental and communication delays. She requires lifetime medical care and faces a significantly reduced life expectancy.

The trial team at Bachus & Schanker, led by Darin Schanker and J. Howard Thigpen with Melanie Sulkin, presented expert testimony using bacterial doubling calculations to show the timeline precisely. Their experts demonstrated that earlier antibiotic intervention would have arrested the infection before it reached Carina's brain and caused meningitis. The nursing staff's failure to follow the standing notification order was the central liability argument.

After a trial in April 2022 before Judge Todd Taylor, the jury found for the Gresser family and awarded $27,647,274 in economic damages: roughly $2.5 million for past medical expenses, $23.9 million for future medical care projected through 2075, and $1.2 million for lost wages.

Banner Health challenged the award, arguing that Colorado's Health Care Availability Act, which caps medical malpractice damages at $1 million, gave judges discretion to reduce the jury's number once a court found "good cause" to exceed the cap. The Colorado Supreme Court rejected that argument unanimously in October 2025. The court held that once a trial court makes the good-cause finding, the jury's damage determination is binding under common law principles. The total judgment with pre-judgment interest came to approximately $39.8 million. The case was also named co-winner of the Colorado Trial Lawyers Association's 2026 Case of the Year.