A proposed settlement of up to $40 million could provide payments to patients who received a hiatal hernia repair during bariatric surgery at Charleston Area Medical Center facilities over a 10-year period.
The lawsuit alleges that certain hiatal hernia procedures performed during bariatric surgeries were unnecessary and asserts medical-negligence and deceptive-practices claims. The defendants deny the allegations and maintain that the procedures were medically indicated and met the applicable standard of care. The court has not decided which side is right.
Which CAMC patients may qualify
The settlement class generally includes people who received a hiatal hernia repair at the same time as bariatric surgery performed by Dr. Robert B. Shin or Dr. Samuel Rossi at CAMC between April 5, 2015 and April 4, 2025.
The official notice was sent to people identified as possible class members. Patients who are unsure whether they are included can contact the settlement administrator or review the official settlement website. People who exclude themselves by the deadline will not receive settlement benefits.
The settlement offers two alternative payment paths
The proposed settlement divides the available money into a $30 million Guaranteed Payments Fund and a $10 million Contingent Payments Fund. These are alternatives, not benefits that can be added together.
Class members who remain in the settlement are eligible for an equal per-person share of the Guaranteed Payments Fund after court-approved deductions. No claim or proof of a complication is required for that payment. If the settlement receives final approval, the administrator is expected to mail it automatically to eligible class members who do not pursue the contingent option.
The notice does not estimate the guaranteed payment because the amount will depend on the number of participating class members and deductions for court-approved fees, expenses, and incentive awards.
A claim is required for complication-based compensation
The Contingent Payments Fund is intended for class members who say they experienced specified medical complications related to the hiatal hernia procedure. A patient seeking this form of compensation must submit the Claim Form included with the notice, document a qualifying complication, and have the form postmarked by December 14, 2026.
The notice says payment categories and amounts for particular complications are listed on the settlement website rather than in the notice itself. A person whose contingent claim is denied does not lose all settlement compensation: the notice says that claimant will instead receive the payment that would have been available from the Guaranteed Payments Fund.
Medical liens may affect what a patient ultimately receives
The notice warns that settlement payments may be subject to liens or reimbursement claims involving Medicare, Medicaid, or private insurers. Class members are responsible for liens tied to their payments, although the administrator is authorized to help identify and resolve certain claims.
Payment timing also differs by path. The notice gives approximate windows of about 30 to 45 days after final approval for guaranteed payments, while contingent claims may require several additional months to evaluate. Appeals could delay either form of distribution.
Court approval and other deadlines still matter
The court scheduled a final fairness hearing for December 1, 2026 at 9 a.m. at the Kanawha County Judicial Building in Charleston, West Virginia. The printed notice does not state a timezone, and the hearing schedule may change.
Requests to opt out and objections must be postmarked by October 13, 2026. A class member who does nothing remains in the settlement, receives the automatic payment if the settlement becomes final, and gives up the right to pursue separately the released claims. Someone who opts out receives no settlement payment but preserves any individual rights covered by the release.
Where patients can review the controlling details
Patients can use the linked ClassActionTracker settlement page for a concise overview of the class definition, payment choices, and deadlines. The official settlement website and notice contain the controlling Claim Form, complication categories, payment schedule, lien provisions, exclusion and objection instructions, and full release language.