Widow blames MedExpress for husband's death

CHARLESTON - A woman is suing MedExpress over her husband's injuries and death.

MedExpress Urgent Care Inc.-West Virginia is doing business as MedExpress Urgent Care-South Charleston.

On Jan. 25, Joyce E. Minnich and Andrew A. Minnich sought medical care at MedExpress because Andrew Minnich believed he was getting pneumonia, according to a complaint filed Aug. 14 in Kanawha Circuit Court.

Joyce Minnich claims prior to any medical evaluation taking place, a MedExpress South Charleston employee took Andrew Minnich and Joyce Minnich to a room and asked preliminary questions regarding medical history and the purpose of their visit.

During the conversation explaining the reason for Andrew Minnich's visit, the plaintiffs explained that Andrew Minnich was feeling weak and that he believed he was coming down with pneumonia, according to the suit. Further, the Minnichs explained that Andrew Minnich was recovering from hip surgery and had only recently stopped using a walker to get around.

Joyce Minnich claims the MedExpress employee then took Andrew Minnich and Joyce Minnich to a second room and directed Andrew Minnich to get up on the examination table, and left the room.

Despite the fact that the employee was instructed that Andrew Minnich was feeling weak and had just stopped using a walker to get around because of hip surgery, the MedExpress staff member did not assist Andrew Minnich onto the table, nor did the staff member examine the table to make certain that it was in good working order, according to the suit.

Joyce Minnich claims as Andrew Minnich attempted to get on the exam table, he fell back into her and they both fell to the floor.

Andrew Minnich's injuries from the fall included a sub-arachnoid hematoma, or brain bleed, and a laceration of the left forearm, according to the suit, and Joyce Minnich's injuries included a periorbital hematoma and a knot on the back of her head.

Joyce Minnich claims the defendant failed to provide assistance, supervision and to implement basic precautions and procedures to guard and protect the safety of its customers.

As a direct and proximate result of the defendant's negligence, Andrew Minnich died on April 25 as a result of injuries he sustained on Jan. 25, according to the suit.

Joyce Minnich is seeking compensatory damages with pre- and post-judgment interest. She is being represented by John H. Tinney Jr., John K. Cecil and Meridith O. Johnstone of The Tinney Law Firm PLLC.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-1547