CAMC Bariatric Surgery Settlement: Who Gets Paid and How

The notice says receiving it means you were identified as a possible class member, but the surgery details above are the class definition.

• You may be in the Settlement Class if, from April 5, 2015 through April 4, 2025, you had bariatric surgery at a Charleston Area Medical Center facility performed by Dr. Robert B. Shin or Dr. Samuel Rossi, and a hiatal hernia repair was done during that same surgery.
• Opting out removes you from the settlement and means you cannot receive a settlement payment.

The notice does not state an individual dollar amount for either option. The eventual amounts can be reduced by court-approved fees, expenses, and any awards to the named plaintiffs.

• The Guaranteed Payments Fund is $30 million. If you stay in the class and do not submit a Contingent Fund claim, the notice says you will receive an equal per-person share after specified deductions.
• The Contingent Payments Fund is $10 million. You may instead seek a payment based on a qualifying medical complication related to the hiatal hernia procedure.
• These are alternatives. You do not receive both payments. If your Contingent Fund claim is denied, the notice says you will receive the Guaranteed Fund payment you otherwise would have received.

The notice text does not identify the medical records or other documents needed to show a complication, and it does not state where or how to submit the Claim Form. Those claim-submission details are not provided here.

• No claim form or proof of harm is required for the Guaranteed Fund option.
• To seek a Contingent Fund payment, you must file the Claim Form by December 14, 2026 and show that you had certain medical complications related to your hiatal hernia procedure.
• The notice says the complication categories and corresponding payment amounts are in the settlement agreement and on the settlement website. It does not list them in the notice.

Doing nothing does not mean you receive both payment options. It means you remain in the settlement unless you opt out.

• If you do nothing, you remain in the Settlement Class if the settlement becomes final.
• The administrator will determine your payment under the settlement terms.
• By remaining in the class, you give up the right to bring or continue a separate case against the defendants over the claims released by this settlement.

Mail the request to CAMC Bariatric Surgery Class Action, c/o Rust Consulting, Inc. - 9256, PO Box 2599, Faribault MN 55021-9599. If you opt out, you receive no settlement benefits, but you retain any rights you may have to pursue your own case.

• To leave the settlement, mail a signed written Exclusion Request postmarked by October 13, 2026.
• The request must identify the lawsuit; give your full name, current address, property address if different, and telephone number; clearly state that you want to opt out; and state that the request applies only to you.
• A lawyer cannot sign the request for you. A request seeking to exclude more than one class member is invalid.

To ask to speak at the hearing, you must both submit a proper written objection and mail a signed Notice of Intent to Appear by October 13, 2026. If you do not complete both steps, the notice says you cannot speak at the hearing.

• You may object only if you remain in the Settlement Class.
• Mail a written objection by October 13, 2026 to the settlement administrator at the address in the notice.
• Your objection must identify the lawsuit, provide your contact information, say whether it applies only to you or to the class, explain the grounds for your objection, and say whether you intend to attend the final hearing.

The court may change the hearing date or time. The notice says the court will decide after the hearing whether to approve the settlement.

• The hearing is scheduled for December 1, 2026, at 9:00 a.m.
• It is scheduled at the Kanawha County Judicial Building, Fourth Floor, 111 Court Street, Charleston, West Virginia 25301.
• You do not have to attend. A timely written objection will be considered even if you do not come to court.

Settlement administration costs are to be paid directly by the defendants, rather than taken from the stated settlement funds.

• The defendants agreed to pay up to $40 million: $30 million for the Guaranteed Payments Fund and $10 million for the Contingent Payments Fund.
• The notice says both funds are reduced by court-approved attorneys’ fees, litigation expenses, and any incentive awards for the named plaintiffs.
• Class Counsel may ask the court for attorneys’ fees of up to 40% of the $40 million recovery. The court decides any award.

A lien is a claim that an insurer or government program may have to reimbursement from a payment.

• You are responsible for liens connected to your settlement payment.
• Before payment, the administrator may determine, resolve, and pay or secure certain private-insurance, Medicare, or Medicaid liens through deductions or withholdings.
• By participating, you agree to the administrator’s lien-resolution protocols. The notice says this can waive certain individual rights concerning Medicare or Medicaid reimbursement claims.
• If you have filed for bankruptcy or expect to do so, the notice says you are responsible for giving any required notice of the settlement to your bankruptcy trustee.