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About Sommer Luther

Sommer D. Luther is a partner at Wagstaff Law Firm with nearly two decades of experience trying personal injury, medical malpractice, and sexual abuse cases. A past president of the Colorado Trial Lawyers Association, she pairs her courtroom work with legislative advocacy, helping shape and defend Colorado legislation protecting consumers, patients, and injured people. In 2025 she was appointed by Judge Charles Breyer to the Plaintiffs' Steering Committee in MDL 3084, In Re Uber Technologies Passenger Sexual Assault Litigation, in the Northern District of California. Her sexual abuse practice includes representing survivors in the Boy Scouts of America cases, survivors of former University of Michigan physician Dr. Robert Anderson, and survivors of former Chicago OBGYN Dr. Fabio Ortega in Cook County, Illinois.

She was named CTLA Young Lawyer of the Year in 2012 and inducted into the American Board of Trial Advocates in 2017. She is a member of the Colorado Bar Association, Denver Bar Association, and American Association for Justice. She earned her undergraduate degree from the University of Florida and her J.D. from the University of Denver Sturm College of Law, and was admitted to the Colorado bar in 2003.

Proven verdicts and settlements

$67,349,380.53 verdict and judgment, under appeal (the jury put 7 percent of the fault on the defendant perfusion company and 93 percent on settled nonparties; the trial court entered judgment for the full amount and the defendant's appeal was argued June 9, 2026)Verdict

A seven-month-old boy underwent open-heart surgery at Rocky Mountain Hospital for Children in Denver in May 2019 to close a hole between the chambers of his heart. The surgeon mistakenly tied off the descending aorta, and for more than seven hours the perfusion team and the rest of the surgical team failed to recognize that the lower half of his body was not getting oxygenated blood. Dying tissue let a common mold, aspergillus, enter his bloodstream and seed in his brain, leaving him permanently brain damaged. After his parents settled with the hospital and the physicians, a Denver jury in July 2024 found the perfusion contractor Comprehensive Care Services vicariously liable for its two perfusionists and returned a $67,349,380.53 verdict. The trial court entered judgment for the full amount, and the company's appeal to the Colorado Court of Appeals was argued in June 2026.

Denver District Court, Denver (Judge Andrew McCallin) · 2024Medical MalpracticeRead the full story →
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Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.

Practice areas

Education

University of Denver Sturm College of Law
J.D.
University of Florida
Undergraduate

Bar admissions & credentials

State Bar of Colorado, admitted 2003

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