The Guam Daily Post

David Lubofsky waited six years for the Guam Board of Medical Examiners to make a determination in a complaint over the 2018 death of his 5-year-old son, Asher, and though resolution has finally been reached, he says he only learned of the outcome by listening to a board meeting recording.

Lubofsky explained that resolution was reached in April but claimed the board "sent me nothing in writing. After the May meeting, I contacted them, and only then did they respond with an email."

The emailed notice dated May 27 is from GBME Chair Dr. Nathaniel Berg and served as "formal notification" that the investigation into the complaint filed against Dr. Dennis Sarmiento was "closed."

"Upon review of the evidence and documentation, the board has determined that there is a sufficient evidentiary and legal basis to warrant a finding that a violation of the Physicians Practice Act has occurred," Berg said in the notice to Lubofsky.

As part of the decision, the GBME took disciplinary action against Sarmiento, issuing a public letter of reprimand, ordering completion of a physician assessment program, and payment of investigative fees incurred by the board.

In the letter, Berg thanked Lubofsky for bringing the matter to the board's attention. However, Lubofsky expressed dismay, telling The Guam Daily Post, "I believe they hoped I would walk away."

✏️ Walter Ulloa | The Guam Daily Post

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Father dismayed with board’s 6-year decision in son’s death David Lubofsky waited six years for the Guam Board of Medical Examiners to make a determination in a complaint over the 2018 death of his 5-year-old son, Asher, and though