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Failure to timely return patient to surgery

March/April 2024

Peter Gottstein, 56, underwent elective repair of a right popliteal artery aneurysm. The night of the procedure, which was performed by vascular surgeon Trissa Babrowski, Gottstein lost motor function in his right foot, which had become painful and cold to the touch. A CTA, which was ordered in the morning but not performed until that evening, showed little blood flow in the leg. Gottstein underwent surgery the next day but suffered a permanent nerve injury, resulting in foot drop.

Gottstein sued Babrowski and the University of Chicago Medical Center, alleging failure to perform a STAT CTA and timely return him to surgery. Suit did not claim lost income.

The jury awarded $1.35 million.

Citation: Gottstein v. UCMC, No. 20 L 3575 (Ill. Cir. Ct. Cook Cnty. June 9, 2023).

Plaintiff counsel: Edward M. Rubin and Stephanie B. Rubin, both of Chicago.