CAMC Bariatric Hiatal Hernia Class Action Settlement
CAMC Bariatric Hiatal Hernia Class Action Settlement
Charleston Area Medical Center, Inc. and Dr. Robert B. Shin agreed to a $40 million settlement of claims over hiatal hernia repairs performed during bariatric surgeries at CAMC by Dr. Shin and Dr. Samuel Rossi. Eligible patients automatically receive an equal share of a $30 million Guaranteed Payments Fund, or, as an alternative, patients who suffered certain complications can file a claim for a payment from a separate $10 million Contingent Payments Fund. The complications claim deadline is December 14, 2026.
Settlement fund
$40M
$30M guaranteed + $10M contingent
Top payout
Equal share of $30M
Automatic, or claim the complications fund instead
Claim deadline
Dec 14, 2026
69 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Dec 14, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You had bariatric surgery performed by Dr. Robert B. Shin or Dr. Samuel Rossi at a CAMC facility between April 5, 2015 and April 4, 2025.
- You received a hiatal hernia repair during that bariatric surgery. Your notice includes the Claimant ID and Web Access Code used to file a complications claim online.
- Excluded: Hiatal hernia repairs performed separately from a bariatric surgery, and bariatric surgeries performed by other surgeons or at other hospitals.
- Excluded: Anyone who requests exclusion by the October 13, 2026 deadline.
Not sure if you qualify? Call the Settlement Administrator at (877) 625-9414, email info@CAMCBariatricSettlement.com, write to CAMC Bariatric Settlement, c/o Rust Consulting, Inc., P.O. Box 2599, Faribault, MN 55021-9599, or visit CAMCBariatricSettlement.com.
What happened
The lawsuit alleges that hiatal (paraesophageal) hernia repairs performed alongside bariatric surgeries by Dr. Robert B. Shin and Dr. Samuel Rossi at Charleston Area Medical Center were not medically necessary. Plaintiffs asserted medical negligence claims against the physicians and claims that CAMC is vicariously liable. CAMC previously notified affected patients that the procedures may not have been medically necessary.
The defendants deny the allegations, and the Court has not decided who is right. The parties agreed to settle to avoid the cost, risk, and delay of continued litigation. The $40 million settlement consists of a $30 million Guaranteed Payments Fund divided equally among eligible class members and a $10 million Contingent Payments Fund for class members who document certain complications, with attorneys' fees, litigation expenses, and incentive awards deducted as approved by the Court.
How to file a claim
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1. Confirm you are eligible
You qualify if you had bariatric surgery performed by Dr. Robert B. Shin or Dr. Samuel Rossi at a CAMC facility between April 5, 2015 and April 4, 2025 and received a hiatal hernia repair during that surgery. If you are unsure, call the Settlement Administrator at (877) 625-9414.
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2. Understand your two payments
Every eligible class member who does not opt out automatically receives an equal share of the $30 million Guaranteed Payments Fund after Court-approved deductions, with no claim form required. As an alternative to that payment, class members who suffered certain medical complications related to their hiatal hernia repair can file a claim for a payment from the separate $10 million Contingent Payments Fund, in amounts set by the Settlement Agreement for each type of complication. If a contingent claim is denied, the class member receives the guaranteed payment instead.
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3. File a complications claim
To claim from the Contingent Payments Fund, submit a claim online at the official claim page by December 14, 2026, or mail a paper Claim Form postmarked by that date to CAMC Bariatric Settlement, c/o Rust Consulting, Inc., P.O. Box 2599, Faribault, MN 55021-9599. The online form requires the Claimant ID and Web Access Code printed on your notice. Include a written description of your complications and medical records, including records for any treatment received outside CAMC. You do not need to file anything to receive the guaranteed payment. Notices, FAQs, and the Settlement Agreement are posted at CAMCBariatricSettlement.com.
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4. Receive your payments
If the Court grants final approval at the December 1, 2026 Final Fairness Hearing, guaranteed payments are expected approximately 45 days after approval, subject to any appeals. Contingent claims take longer, possibly several months after approval, depending on the number of claims submitted.
Key dates
- Oct 13, 2026 Opt-out & objection deadline Soon
- Dec 14, 2026 Claim filing deadline Upcoming
- Dec 1, 2026 Final Fairness Hearing (9:00 a.m. ET) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Final Fairness Hearing is scheduled for December 1, 2026 at 9:00 a.m. ET at the Kanawha County Judicial Building, Fourth Floor, 111 Court Street, Charleston, WV 25301. The Court will also consider Class Counsel's request for attorneys' fees of up to 40% of the settlement, litigation expenses, and service awards. Opt-out requests, objections, and notices of intent to appear must be submitted by October 13, 2026. The complications claim deadline of December 14, 2026 falls after the hearing. The Court may move the hearing, so check CAMCBariatricSettlement.com for updates before traveling.
Where the money is going
The defendants will pay up to $40 million in total, split between a $30 million Guaranteed Payments Fund and a $10 million Contingent Payments Fund. Each class member receives one payment: an equal share of the guaranteed fund, paid automatically, or a payment from the contingent fund for those who file a valid claim documenting certain complications. Court-approved attorneys' fees, litigation expenses, and incentive awards are deducted from the funds.
All amounts listed above are pending and subject to final court approval at the Final Fairness Hearing. The Court may award less than the amounts requested. No official per-person payment estimate has been published; individual amounts depend on the number of eligible class members, the contingent claims filed, and Court-approved deductions.
Common questions
How much money will I receive?
No official per-person figure has been published. Eligible class members receive an equal share of the $30 million Guaranteed Payments Fund after Court-approved deductions. Alternatively, class members with certain documented complications can claim a payment from the $10 million Contingent Payments Fund in an amount set by the Settlement Agreement for that complication. Amounts are not guaranteed.
Do I need to submit proof of purchase?
No claim form or proof is needed for the guaranteed payment. A Contingent Payments Fund claim requires a written description of your complications and supporting medical records, including records of treatment outside CAMC, and the online form requires the Claimant ID and Web Access Code from your notice.
What if I didn’t receive a notice?
Class membership depends on your surgery, not on receiving a notice. If you had bariatric surgery with a hiatal hernia repair by Dr. Shin or Dr. Rossi at CAMC between April 5, 2015 and April 4, 2025 and did not receive a notice, contact Rust Consulting at (877) 625-9414 or info@CAMCBariatricSettlement.com to confirm your address and get your Claimant ID.
Does staying in the class affect my right to sue later?
If you stay in the settlement, you give up your right to sue CAMC, Dr. Shin, and Dr. Rossi separately over the claims resolved by the settlement, whether or not you file a complications claim. To keep those rights, you must opt out by October 13, 2026.
When will payments be sent out?
If the Court grants final approval at the December 1, 2026 hearing, guaranteed payments are expected approximately 45 days after approval, unless there are appeals. Contingent fund claims take longer and could take several months after approval.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
Similar open settlements
This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Charleston Area Medical Center, Inc., Rust Consulting, Inc. (the Settlement Administrator), or Class Counsel L. Danté diTrapano and David H. Carriger of Calwell Luce diTrapano, PLLC, Ben Salango of Salango Law, PLLC, and P. Gregory Haddad, Jonathan R. Marshall, and Kerrie L. Haddad of Bailey Glasser LLP. The case is L.B. and M.T. v. Robert B. Shin, M.D., and Charleston Area Medical Center, Inc., Civil Action No. 2025-C-541, pending in the Circuit Court of Kanawha County, West Virginia before the Honorable Maryclaire Akers. Class representatives are L.B. and M.T.. CAMC denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.