KEYSER — The defendants in a lawsuit alleging wrongful death want the case dismissed.
Joshua Ringer, as the administrator of the estate of Brian Ringer, filed a lawsuit against Dr. Cherie Ertha, Locumtenens.com LLC, Potomac Valley Hospital of WV Inc. and UPMC Western Maryland Corporation alleging they were responsible for Brian Ringer's death, according to a complaint filed in Mineral Circuit Court.
Joshua Ringer claims on Aug. 29, 2019, Brian Ringer, 45, was at Western Maryland Regional Medical Center for chest pain and was later discharged.
Later that evening, his chest pain returned and he went to Potomac Valley Hospital, and Ertha reviewed the visit information from WMRMC. He was given IV fluids, a GI cocktail, two doses of nitroglycerin and Protonix.
Ertha discharged Brian Ringer shortly after 1 a.m. on Aug. 30, 2019. At around 10:30 a.m. on Aug. 30, 2019, Brian Ringer woke up and subsequently collapsed and died. An autopsy revealed his cause of death was cardiac tamponade due to aortic dissection.
Joshua Ringer is seeking compensatory damages. He is represented by Daniel James of James Law Firm in Keyser
The defendants in the case filed motions to dismiss the case.UPMC Western Maryland Corporation argued that the plaintiff's complaint failed both prongs of the jurisdictional test and as such, the court lacks jurisdiction over UPMC.
Potomac alleges that Brian Ringer's injuries or damages were the results of pre-existing injuries, natural disease processes, idiosyncratic reaction, congenital or anatomical anomaly unrelated to the matters at issue.
"The alleged damages suffered by the late Brian Ringer were not contributed to or proximately caused by any act or omission of Defendant..." the answer states.
In its separate answer, UPMC also contended that the plaintiff's alleged injuries were not contributed to or caused by the UPMC.
"The alleged injuries...were proximately caused by independent and unforeseeable superseding and/or intervening causes unrelated to any act or omission of this defendant..." the answer states.
Mineral Circuit Court case number: 21-C-53
