Father names more in lawsuit over son's death
A year has passed since David Lubofsky's 5-year-old son Asher Dean died at the Guam Memorial Hospital and today the father continues to do everything in his power to seek justice for his death.
On Oct. 30, 2018, Lubofsky took his son for medical treatment at the island's only public hospital. Just 18 hours after being admitted, the young child died.
Following the tragedy, Lubofsky took legal action for damages for the wrongful death of his son.
On this same day, this year Lubofsky filed an amended complaint adding two defendants to the civil case.
Court documents state the action is a result of the negligence of Dr. John Garrido, Dr. Dennis Sarmiento and all other treating physicians, attending physicians, nurses and other medical personnel who were acting within the course and scope of their employment with the Guam Memorial Hospital Authority.
According to the complaint, Asher had a medical evaluation at GMH's emergency room, he was then admitted to the hospital for monitoring and treatment by Dr. John Garrido. On Oct. 31, 2018, at approximately 3:35 a.m., Dr. Dennis Sarmiento ordered a blood test on Asher.
According to Lubofsky, the doctors acted negligently and failed to properly diagnose, monitor and treat asher's critical medical condition.
The plaintiff's prayer for relief is in the amount of $400,000 for the damages of the wrongful death and damages for emotional distress.
The original complaint included the Government of Guam as a defendant, however, according to Lubofsky, the Office of the Attorney General's requested it be removed from the case since the Guam Memorial Hospital has its own legal counsel.