Senators take advice on malpractice law

ASHER: Asher Lubofsky is shown in a social media post by his father, David Lubofsky. Asher Lubofsky died on Oct. 31, 2018. Photo courtesy of David Lubofsky

An amended complaint has been filed in the civil suit between the parents of the late Asher Lubofsky and the Guam Memorial Hospital Authority.

The new complaint drops the government of Guam from the list of defendants and adds Drs. John Garrido and Dennis Sarmiento, doctors who reportedly engaged in Lubofsky's treatment.

The suit accuses both doctors, along with other staff at the hospital, of acting negligently.

Lubofsky died shortly after returning to Guam from a trip to the Philippines in late October 2018. The boy was seen by a doctor at the Guam Seventh-day Adventist Clinic a couple of days after coming home, but the doctor didn't have major concerns about the boy's health at the time, his family has stated.

The boy and his family returned to the clinic the next day as his health deteriorated. But after failing to see a doctor at the SDA Clinic, Lubofsky was taken to Guam Memorial Hospital, where he died about 18 hours after admission.

The parents initially levied a government claim, but after six months passed without an answer from GMHA, they filed a civil suit at the Superior Court of Guam in late August.

The original complaint named GovGuam, but the Office of the Attorney General moved to drop the government as a party in the case.

"There are no allegations within the complaint that employees of the government of Guam that were not employees of the Guam Memorial Hospital Authority were also responsible for the death of the child," a supporting document stated.

The parties agreed to allow the plaintiffs to file an amended complaint, removing GovGuam and more precisely stating their claims were against GMHA.

Lubofsky's parents are seeking at least $100,000 in damages for the alleged wrongful death of their son and at least $300,000 for the emotional distress that his death has caused his father. The suit also seeks to claim damages against Garrido and Sarmiento.


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