Lawsuit filed against Kentucky jail on behalf of stillborn baby
A Central Kentucky jail already facing a lawsuit over claims they caused a woman to go into labor early by failing to give her prescribed medication now faces a second lawsuit filed on behalf of the stillborn baby.
Valentina Frymyer, 29, gave birth just five days after entering the Richmond jail in 2023. A separate, federal lawsuit, filed by Frymyer in October 2024, claims the jail’s lack of medical care caused withdrawals, pushing her into early labor and causing the unborn baby’s death.
Now, the jail faces a new state, civil suit filed on behalf of “Babygirl Frymyer,” the infant who died at 38 weeks and two days.
It’s the second wrongful death lawsuit filed against the detention center this month. Between 2020 and 2024, 12 people died in the jail, the second-most of any jail statewide.
Kory Isaacs, the administrator of baby Frymyer’s estate, filed suit against former jailer Steve Tussey, 12 jail deputies and the jail’s health care provider for claims of wrongful death, gross negligence and negligent training.
In Kentucky, a wrongful death lawsuit can be filed for the death of a viable fetus.
“Every person in custody is entitled to appropriate medical care, especially those who are pregnant,” said Noel Caldwell, the attorney for Babygirl Frymyer. “Every life is precious — especially Babygirl Frymyer’s. Through this legal action, we hope to ensure that this kind of tragedy never happens again.”
Isaacs claims the jail intentionally refused to prescribe Valentina Frymyer’s methadone, which she was prescribed for substance use disorder.
Methadone is a synthetic opioid used to treat substance abuse. It’s an approved treatment for addiction and is safe for women to take while pregnant, but abruptly stopping its use can be fatal for the fetus.
What led up to baby’s death
In 2023, Frymyer was living at a Lexington rehabilitation center for pregnant women, where she was prescribed methadone.
On Oct. 12 of that year, Frymyer was sentenced to prison after pleading guilty to three narcotics-related crimes. She was sent to the Madison County Detention Center and was slated to return to the rehab center as part of the Women’s Medical Release, a state program that provides an alternative to jail for incarcerated pregnant women who have substance use disorder.
But that never happened.
The jail knew Frymyer had been prescribed methadone by a doctor, the lawsuit claims, but she was denied the medication for five days anyway. The detention center claimed there were issues “regarding the availability of methadone in the jail” and whether someone would be able to prescribe it to her, according to doctor’s notes included in the lawsuit.
On Oct. 17, Frymyer was taken to the University of Kentucky Hospital for methadone withdrawal, strong uterine contractions, and decreased fetal movement.
The doctors were unable to detect a heartbeat, and she delivered a stillborn baby 38 weeks into her pregnancy.
“Defendants’ failure to provide methadone to (Frymyer) caused her to suffer forced withdrawal from the methadone, which in turn caused the fetal demise/death of ... Babygirl Frymyer,” the lawsuit reads.
Because Frymyer was no longer pregnant, she was not a candidate for Women’s Medical Release or to return to rehab.
When Frymyer was released from the hospital and placed back in custody in the Richmond jail, medical staff gave her the prescribed dosage of methadone.
This story was originally published October 29, 2025 at 5:00 AM.
