MARTINSBURG, WV – The estate of a Berkeley County woman has filed a wrongful death lawsuit seeking nearly $2 million in damages, alleging medical negligence led to her untimely passing following a cardiac procedure. The estate is represented by Attorneys Mark Staun and Dean Hartley of the Hartley Law Group, based in Charleston, West Virginia. The case has been assigned to Judge Debra McLaughlin in Berkeley County Circuit Court (Case No. 25-C-508).
On September 24, 2025, Victoria Myers, acting as executrix of the Estate of Barbara Hess, filed a complaint in Berkeley County Circuit Court against the West Virginia University Board of Governors. The complaint names Dr. Manish B. Jhawar, a cardiologist at WVU Medicine Berkeley Medical Center, as the physician responsible for performing a cardiac catheterization that allegedly caused fatal complications.
According to the filing, Hess—age 76—was referred to cardiothoracic surgeon Dr. Edward R. Kofsky for mitral valve repair or replacement after being diagnosed with severe mitral valve regurgitation. During pre-surgical testing on September 13, 2023, Hess underwent right and left heart catheterization. Shortly after the procedure, she began coughing up large amounts of blood and experienced cardiac arrest. Imaging revealed a pulmonary artery pseudoaneurysm, which the complaint alleges was caused during the procedure.
Hess was airlifted to WVU Ruby Memorial Hospital in Morgantown, where she underwent emergency thoracic surgery to repair the pseudoaneurysm. Despite numerous subsequent interventions and an extended hospitalization, she was never able to be extubated and passed away on October 14, 2023.
The lawsuit contends that a pulmonary artery rupture during a right heart catheterization is considered a “never event” — a medical error that should not occur when the proper standard of care is followed. The estate asserts that Hess endured extensive suffering, significant medical costs, and ultimately premature death as a result of the procedure.
The Estate of Barbara Hess seeks damages up to $1,897,000, the policy limit established by AIG Claims, as well as pre- and post-judgment interest and other appropriate relief. The complaint alleges negligence and vicarious liability on the part of the WVU Board of Governors, asserting that Dr. Jhawar’s actions deviated from accepted medical standards.
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Hartley Law Group has built a strong reputation representing individuals and families impacted by medical negligence, catastrophic injury, and wrongful death. With decades of experience and a record of successful verdicts and settlements, the firm remains committed to holding negligent medical providers and institutions accountable.
