WVU Medicine Berkeley Medical Center in Martinsburg
MARTINSBURG – The estate of a Berkeley County woman seeks nearly $2 million as it blames the negligence of a surgeon for her death.
Victoria Myers, as executrix of the estate of Barbara Hess, filed her complaint September 24 in Berkeley Circuit Court against the West Virginia University Board of Governors. Myers is Hess’s daughter.
According to the complaint, Hess was a 76-year-old woman referred to cardiothoracic surgeon Dr. Edward R. Kofsky for mitral valve repair/replacement by her cardiologist. She suffered from progressive exertional shortness of breath and severe mitral valve regurgitation.
Pre-surgical testing included diagnostic right and left heart cardiac catheterization. It was performed September 13, 2023, by Dr. Manish B. Jhawar at the WVU Medicine Berkeley Medical Center in Martinsburg.
Shortly after the procedure, Hess began coughing up “copious amounts of blood,” according to the complaint. She had developed a Pulseless Electrical Activity cardiac arrest requiring intubation, rapid transfusion and standard resuscitation measures.
“Hess was thought to have suffered from a ruptured pulmonary artery,” the complaint states. “She was transiently stabilized, and imaging revealed a pulmonary artery pseudoaneurysm which was caused by Dr. Jhawar during the September 13, 2023, procedure.”
Hess was transferred to WVU Ruby Memorial Hospital in Morgantown by helicopter that day for emergent definitive care and thoracic surgery. She underwent an emergent right thoracotomy with pulmonary artery pseudoaneurysm repair by Dr. Seyfi A. Toker. She remained an inpatient at Ruby until her discharge on October 13, 2023.
During that month, the complaint says Hess underwent numerous additional surgical procedures and interventions caused by the acts and failures of Jhawar. Hess never could be extubated post-operatively. Comfort measures were pursued, and she passed away on October 14, 2023, in Martinsburg.
“Right heart catheterization using a Swan-Ganz type catheter is a relatively benign and atraumatic procedure,” the complaint states. “Pulmonary artery rupture during this procedure is considered a ‘never event.’”
As a result, the estate says Hess suffered massive hemoptysis, cardiac arrest, pseudoaneurysm requiring thoracic surgery, an extended hospitalization and suffered premature death. It says she also suffered physical pain and suffering, including physical, mental and emotional distress prior to her death. And it says she incurred tens of thousands of dollars in medical expenses for her care and treatment of the injury.
The estate accuses the WVUBOG of negligence as Jhawar’s employer and vicarious liability. It says he deviated from the standard of care.
The estate seeks up to $1,897,000, which is the policy limit set forth by AIG Claims. It also seeks pre- and post-judgment interests and other relief.
The estate is being represented by Mark Staun and Dean Hartley of the Hartley Law Group in Charleston. The case has been assigned to Circuit Judge Debra McLaughlin.
Berkeley Circuit Court case number 25-C-508
