CAMC Hernia Surgery Class Action Settlement

Who Is Eligible?

You may be eligible to file a claim if you:

• The settlement class, in the court's own words, is anyone who underwent bariatric surgery performed by Dr. Robert B. Shin or Dr. Samuel Rossi at CAMC's facilities between 5 April 2015 and 4 April 2025, and had a hiatal hernia repair performed during the same surgery.
• The surgeon matters. A bariatric operation at CAMC by anyone other than those two doctors is outside this class, however similar the circumstances.
• The two procedures had to happen in one operation. A hernia repair on a separate date is not what this covers. The word the notice uses is concurrent, and it means what it says.
• A detail worth noting: Dr. Rossi is not a defendant. The named defendants are Dr. Shin and CAMC itself, yet surgeries performed by Dr. Rossi still count for class membership.
• If you are unsure, the administrator will check for you. Call 1-877-625-9414 or email info@CAMCBariatricSettlement.com rather than guessing from memory, because the class was drawn from hospital records.
• There is no residency requirement. The class turns on where and by whom the surgery was performed, not on where you live now.
• The defendants deny the allegations and maintain that every hiatal hernia repair performed alongside bariatric surgery was medically indicated and within the applicable standard of care. This page describes a legal settlement. It is not medical advice, and nothing here is a statement about your own care.

How Much Can You Get?

No per-person figure has been published, and the reason is arithmetic rather than secrecy. The Guaranteed Payments Fund is divided into equal shares, one per class member, and the number of class members has not been stated anywhere on the settlement website or in the notice. Without that denominator nobody outside the administrator can calculate a share.

What is published is the structure. Defendants agreed to pay up to $40,000,000. Of that, $30,000,000 goes into the Guaranteed Payments Fund and is split evenly, and $10,000,000 into the Contingent Payments Fund for documented complications.

Deductions come off the top of both. Class counsel may ask the court for up to 40% of the $40 million in fees, which is as much as $16 million, plus reimbursement of litigation expenses and an incentive award for the two named plaintiffs. The court decides those amounts at the final approval hearing, and you can object to them.

One deduction that is not taken is administration. The defendants agreed to pay the cost of running the settlement and mailing the notices separately, so that expense does not shrink either fund. That is unusual and it works in class members' favor.

Contingent payments are banded. The settlement agreement lists categories of medical complication and the payment attached to each, so the amount depends on what a claimant can document rather than on a single flat figure.

Filing a contingent claim and failing costs you nothing. If the administrator denies it, you are sent the guaranteed payment you would have had anyway.

How to File Your Claim

File with the administrator:

• If you only want the guaranteed payment, do nothing. There is no form, no deadline and no documentation. The administrator mails your payment roughly thirty days after the court grants final approval.
• File only if you are going for a contingent payment. Download the fillable claim form from the settlement website, attach records showing the complications you suffered, and either upload it through the site or post it to CAMC Bariatric Surgery Class Action, care of Rust Consulting, PO Box 2599, Faribault MN 55021-9599. It must be postmarked or filed online by 14 December 2026.
• There is no downside to trying. If the administrator denies your contingent claim, it sends you the guaranteed payment you would have received anyway.
• Two other deadlines fall much earlier, on 13 October 2026. That is the last day to object to the settlement, to ask to speak at the hearing, or to opt out. Opting out means no payment at all, and it is the only way to keep your own right to sue.
• The final approval hearing is on 1 December 2026 at 9:00 in the morning, Eastern time, in Charleston.
• Understand the lien term before you bank the money. Medicare, Medicaid and private insurer liens have to be identified and resolved before the administrator pays you, and the administrator acts as your agent in doing that. Taking part means agreeing to a global resolution of those liens, which can waive individual rights you would otherwise have, including the right to seek a waiver or appeal of a Medicare reimbursement claim.
• If you have filed for bankruptcy or expect to, telling the trustee about this settlement is your responsibility, not the administrator's.

Frequently Asked Questions