CHARLESTON – Attorneys in a class-action lawsuit have announced a $40 million settlement in the case involving “unnecessary and invasive” hernia surgeries at Charleston Area Medical Center.
The class action was filed last April in Kanawha Circuit Court against CAMC, Dr. Robert Shin, and Dr. Samuel Rossi alleging the doctors had performed unnecessary hernia repair procedures in conjunction with bariatric surgery.
Salango
“This was a complex case and we’re pleased that the class members will benefit from this historic settlement,” said Ben Salango, one of the attorneys representing the class. “CAMC, counsel and the class representatives participated in good faith negotiations over the last year to work on the details of the resolution.”
Under the terms of the settlement, class members will receive a monetary payment once approved by the court.
diTrapano
“This settlement represents a significant and positive outcome for our clients and the entire class,” said Dante diTrapano, another attorney representing the plaintiffs.
The complaint, says the hernia surgeries were performed during bariatric surgeries and that the defendants failed to obtain informed consent from the plaintiffs. In fact, the complaint says the defendants concealed that these procedures were performed.
“We’ve been investigating this case for quite some time,” Salango previously told The West Virginia Record. We’ve received calls from numerous patients and reviewed many medical charts.
“So far, I have not found a single bariatric procedure performed by Dr. Shin that did not also include a hernia repair. The chances of that happening are medically and statistically impossible.”
Multiple nurses who previously worked with Shin and Rossi at CAMC have confirmed that information. In one affidavit, a nurse says the two doctors performed 12-16 bariatric surgeries per week.
“Based on my review of records, every patient I scheduled for an office visit following a bariatric surgery had previously received a concurrent hiatal hernia repair with his/her bariatric surgery at CAMC,” the nurse states. “I do not recall any instance where such a patient had not received at least one concurrent hiatal hernia repair during a prior bariatric surgery at the CAMC.”
CAMC issued a statement about the settlement.
“At CAMC, our mission has always been to provide high-quality patient care and serve our community with integrity, compassion and excellence,” CAMC wrote. “While we believe this settlement is the appropriate resolution of a complex dispute, our focus remains firmly on our patients and the communities we serve.
“We are committed to continuously maintaining the highest standards of care. We value the trust our patients place in us and will continue working every day to earn and strengthen that trust.”
For additional information regarding the settlement, class members can visit CAMCBariatricSettlement.com or contact Rust Consulting, settlement administrator, at 1-877-625-9414.
Kanawha Circuit Judge Maryclaire Akers had appointed the plaintiffs’ attorneys of diTrapano, David H. Carriger and Timothy D. Houston of Calwell Luce diTrapano in Charleston; Salango of Salango Law in Charleston; and P. Gregory Haddad of Bailey & Glasser in Charleston as interim class counsel.
Kanawha Circuit Court case number 25-C-541
