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Patients who received a hernia repair procedure while undergoing bariatric surgery from either Dr. Robert B. Shin or Dr. Samuel Rossi at Charleston Area Medical Center’s facilities between April 5, 2015, and April 4, 2025, may qualify to claim a cash payment from a class action settlement.
Charleston Area Medical Center Inc. agreed to pay $40 million to settle a class action lawsuit alleging the doctors performed unnecessary hiatal hernia repairs during bariatric surgeries. The plaintiffs claim the procedures were not medically necessary.
Who are the class members?
Class members must meet the following criteria:
- They underwent bariatric surgery performed by Dr. Robert B. Shin or Dr. Samuel Rossi at a Charleston Area Medical Center facility.
- Their procedure took place between April 5, 2015 and April 4, 2025.
- They received a hiatal hernia repair at the same time as their bariatric surgery.
How much are settlement payments?
Class members have the following benefit options:
- Guaranteed payments fund: Eligible class member will receive an equal pro rata cash payment from a $30 million fund after deductions for attorneys’ fees and service awards. They do not need to submit a claim form to receive this benefit.
- Contingent payments fund: Class members who experienced specific complications related to their hiatal hernia repair can submit a claim for a payment from a separate $10 million fund after deductions for attorneys’ fees and service awards. The settlement administrator will determine the payment amount by the severity and type of complications.
Is a claim form required to receive a payment?
Eligible class members do not need to submit a claim form to receive a guaranteed fund payment. However, class members who qualify for a contingent fund payment can file a claim online or complete and print the PDF claim form and mail or email it to the settlement administrator.
Settlement administrator's mailing address: CAMC Bariatric Surgery Class Action, c/o Rust Consulting Inc - 9256, PO Box 2599, Faribault, MN 55021-9599
Settlement administrator's email address: info@CAMCBariatricSettlement.com
The contingent fund payment claim deadline is Dec. 14, 2026.
Required proof and claim information
- All contingent fund claims require supporting documentation, which includes medical records for treatment they received outside of Charleston Area Medical Center and written descriptions of complications and treatments.
- To submit a contingent fund claim online, class members must provide the claimant ID and web access code from the settlement notice they received.
Payout options
- Paper check mailed to the address on file
Settlement fund breakdown
The $40,000,000 settlement fund will include:
- Attorneys’ fees: Up to $16,000,000 plus litigation expenses
- Service awards to class representatives: $35,000 each
- Payments to eligible class members: Remaining settlement funds
The defendants will pay settlement administration costs separately.
Important dates
- Opt-out deadline: Oct. 13, 2026
- Final approval hearing: Dec. 1, 2026
- Claim deadline for contingent fund payments: Dec. 14, 2026
When is the CAMC bariatric surgery settlement payout date?
The settlement administrator will issue payments to eligible class members who did not submit a contingent fund claim approximately 75 days after the court grants final approval of the settlement. Eligible class members who submitted a contingent fund claim will receive payment after the administrator completes claim processing.
Why did this class action settlement happen?
The class action lawsuit alleged Dr. Robert B. Shin and Dr. Samuel Rossi performed unnecessary hiatal hernia repairs during bariatric surgeries at Charleston Area Medical Center. The plaintiffs claimed these procedures were not medically necessary and sought damages for medical negligence and deceptive practices.
The defendants deny any wrongdoing but agreed to settle to avoid the expense and risk of further litigation and a trial.
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