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Trumbull County jail death lawsuit moves forward

WARREN — A federal judge has allowed a lawsuit to continue against medical staff at the Trumbull County jail, where Alfonso Askew died in 2020 after suffering severe medical issues.

The case will now go to trial to decide if the medical staff and Malvasi LLC are responsible for Askew’s death.

The lawsuit, filed by Askew’s estate, claims that medical workers failed to properly treat him, leading to his death from a rupture in his digestive system. However, the judge dismissed claims against Trumbull County and a correctional officer, saying they were not responsible for the tragedy.

Judge David A. Ruiz recently ruled that there’s enough evidence for a jury to decide if Dr. Phillip Malvasi, medical assistants Jennifer Bach, Taylor Simmons, Bree Bright and Jess Johnson, along with nurse Carla Ahart, and Malvasi LLC acted recklessly. He dismissed the constitutional claim against Bach, saying she followed the doctor’s orders, but allowed other claims, like malpractice, against her to continue.

Court papers show that Askew was booked into the jail on Nov. 6, 2020, for a probation violation. On Nov. 9, he reported severe stomach pain through a jail computer system. Bach ran a urine test that showed blood and other problems.

She told Dr. Malvasi, who said Askew should drink more fluids but didn’t examine him. Over the next two days, Askew’s condition got worse. He reported intense pain, a growing bulge on his stomach, and blood in his vomit and urine.

Medical assistants Simmons, Bright and Johnson checked on him, but didn’t get him immediate help. Simmons said she tried calling Malvasi and Ahart several times, but they didn’t respond. Bright, when told about blood in Askew’s vomit, thought it might be bile and said he would see a doctor later. Johnson told Askew he was on the doctor’s list, but didn’t do more.

On Nov. 12, 2020, Askew was found unresponsive in his cell. Despite efforts to save him, he died early the next day. The coroner said his death was caused by a rupture in his digestive system from an untreated ulcer. Experts hired by Askew’s family said proper care could have saved his life.

The lawsuit claims the medical staff and Dr. Malvasi’s company, Malvasi LLC, ignored Askew’s serious medical needs, violating his rights. It also says they committed medical malpractice and caused his wrongful death.

Claims against correctional officer Doug Machingo and Trumbull County were dismissed because Machingo reported Askew’s issues to medical staff and relied on their decisions, and the county’s contract with Malvasi LLC didn’t directly cause Askew’s death.

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