$9 Million Wrongful Death Settlement

After waiting nearly three years for their case to be resolved on appeal, the Muno family has won their case and will receive over $9 million. The case garnered media attention back in late 1999 when 12-year old, Andrew Muno died on an operating table during what was considered to be minor surgery to repair a cut on his arm. It was announced yesterday afternoon that Judge Raymond McKoski of the Circuit Court of Lake County approved the final judgment and disposition of the case for the Plaintiffs.

On December 14, 1999, Andrew Muno was taken to the Emergency Room at Condell Medical Center in Libertyville (Illinois) for treatment of a cut on his left arm that he sustained after falling at his home. Andrew’s parents, Barton and Darlene Muno alleged, through their attorney Michael P. Schostok of Salvi, Schostok & Pritchard P.C., that their son Andrew developed respiratory difficulties after he received an antibiotic that he was allergic to. Despite these breathing difficulties, the surgeon started the operation. Soon after the surgery ended, Andrew redeveloped severe breathing difficulties and died on the operating table. The Plaintiffs alleged that the surgeon, and the anesthesiologist, Dr. Dale S. Gordon, M.D., should have stopped the operation so that Andrew Muno’s breathing difficulties could have been controlled. On February 17, 2006, a Lake County jury rendered a verdict for the Muno family in the amount of $7.5 million for the wrongful death of their son, Andrew.

The defendants Dr. Gordon and Lake County Anesthesiologists appealed the verdict after the co-defendants settled with the Munos. On June 20, 2008, the Appellate Court affirmed the verdict of $7.5 million. On November 26, 2008 the Supreme Court of Illinois denied defendants final petition to appeal the jury’s decision. The $9 million paid to the Muno family included interest on the judgment earned during the appeal process.

“After 9 years of waiting for justice to be rendered for the death of their son, the Muno family is relieved to finally have closure of this horrible chapter in their lives,” said attorney Michael Schostok.