CAMC $40 Million Bariatric Hernia Repair Settlement for Unnecessary Hiatal Surgery

Bariatric surgery is a major medical intervention used to treat severe obesity, and it sometimes includes related procedures to address issues like reflux or hiatal hernias. In this case, a class action lawsuit alleged that Charleston Area Medical Center surgeons—Dr. Robert B. Shin and Dr. Samuel Rossi—performed hiatal hernia repairs during bariatric operations that plaintiffs said were unnecessary and not medically required. The alleged harm is that patients may have undergone an extra surgery component without a corresponding medical benefit, raising concerns about whether care decisions were appropriate for each patient. The lawsuit was filed to seek compensation for patients who had bariatric surgery plus a simultaneous hiatal hernia repair at CAMC facilities between April 5, 2015 and April 4, 2025, with a settlement totaling $40 million. It’s significant because it creates a structured pathway for affected patients to receive money, including a “guaranteed” $30 million fund (no claim form required) and a separate $10 million fund for those who suffered specified complications, which require medical documentation and a claim by December 14, 2026. This kind of settlement reflects broader trends in medical class actions, where disputes often focus on whether procedures were medically necessary, how clinical decisions were documented, and whether billing or consent practices were accurate—issues also shaped by regulatory expectations under U.S. healthcare rules such as informed consent requirements and standards for appropriate medical care.