PRESS RELEASE – FOR IMMEDIATE RELEASE
Frank Rosenbaum, M.D., Gary Bircham, O.D., LCA-Vision, Inc., d/b/a LASIKPlus, and John and Jane Does 1-10
(Supreme Court of the State of Colorado, County of Jefferson, Index No. 3025cv30130)
Jefferson County, Colorado (April 16, 2026) – The District Court for Jefferson County, Colorado has entered final judgment in favor of plaintiff Nicholas Lara and against LCA-Vision, Inc., doing business as LASIKPlus, in the total amount of $7,333,662.26, including prejudgment interest. In a separate order issued the same day, the Court granted Mr. Lara’s motion to recover economic damages in excess of the limitation set forth in the Colorado Health Care Availability Act (“HCAA”), C.R.S. § 13-64-302.
The judgment follows a 7-day jury trial in which the jury found LASIKPlus negligent and responsible for 75% of Mr. Lara’s injuries, awarding substantial damages for lost future earnings and other harms.
In a separate but related order issued the same day, the Court granted Mr. Lara’s motion to exceed the $1,000,000 statutory cap on damages under Colorado’s Health Care Availability Act (“HCAA”), finding that applying the cap would be unfair under the circumstances.
Applying the standard articulated by the Colorado Supreme Court, the Court held that Mr. Lara established both “good cause” and “unfairness,” allowing the jury’s economic damages award, driven primarily by lost future earnings, to stand.
The Court emphasized several key factors, including Mr. Lara’s young age, the permanent nature of his eye injury, and the substantial and well-supported evidence of his lost earning capacity as a pilot.
The Court rejected LASIKPlus’s contention that recovery above the statutory limitation requires “catastrophic” injury, explaining that the authorities relied upon addressed a different legal standard. The Court further held that, once the statutory standard was satisfied, the amount of damages is governed by common law, with deference to the jury’s determination subject to remittitur and sufficiency-of-the-evidence review.
Applying those principles, the Court found no basis to question the jury’s award. It concluded that the damages were not excessive and were supported by the evidence presented at trial, including testimony and economic analysis concerning Mr. Lara’s future earning capacity.
In entering final judgment, the Court calculated damages against LASIKPlus at $5,797,500.00, consisting of $5,572,500.00 in economic damages and $225,000.00 in non-economic damages after application of the statutory cap and apportionment of fault. The Court also awarded $1,536,162.26 in prejudgment interest, resulting in a total judgment of $7,333,662.26, plus post-judgment interest and costs as provided by law.
These rulings confirm that, where a plaintiff demonstrates good cause and unfairness under C.R.S. § 13-64-302(1)(b), Colorado courts may permit recovery above the statutory limitation for economic damages and defer to a properly supported jury verdict.
About the Case
Mr. Lara brought his lawsuit after undergoing LASIK surgery despite presenting with a contraindication. The evidence at trial showed that the procedure resulted in a permanent eye condition called post-LASIK ectasia that significantly impacted Mr. Lara’s quality of life and seriously threatened his ability to continue his career as a commercial pilot.
For further information, please contact Todd J. Krouner, Esq., at (914) 238-5800.