CAMC Surgery Lawsuit: Patients Allege Operations Without Consent

A recently filed class action lawsuit accuses Charleston Area Medical Center (CAMC) and two physicians of performing medically unnecessary hernia surgeries during routine bariatric procedures. 

More than 200 individuals could be part of the patient group identified in this lawsuit, according to documents submitted in the Circuit Court of Kanawha County.

The legal filing, dated April 23, 2025, alleges that doctors affiliated with CAMC added hernia repairs to weight-loss surgeries without informing or obtaining permission from the patients involved.

Doctors Allegedly Performed Unnecessary Surgeries During Weight-Loss Procedures

The lawsuit names Dr. Robert Shin and Dr. Samuel Rossi as defendants, alongside the hospital. Plaintiffs claim the physicians inserted hernia repair procedures into bariatric surgeries without proper consent and then omitted or concealed these additions in postoperative communications.

One segment of the filing states, “Defendants performed paraoesophageal hernia repairs without informing patients and recorded the procedures only as preventative or by reference within surgical notes.”

The complaint further alleges these practices spanned more than a decade and were not isolated incidents. CAMC is also accused of negligence on the grounds that the two named physicians were employed or operating under its authority at the time.

Patients Claim Consent Was Not Given for Added Procedures

According to Charleston-based attorney Ben Salango, whose law firm is representing numerous plaintiffs in the case, multiple surgeries included hernia repair operations which may have had no medical justification.

“In examining more than 100 patient records, every single one contained a hernia repair despite the procedure not being disclosed beforehand,” Salango told WSAZ News.

A letter some patients received from CAMC reportedly stated that a hernia procedure “may not have been medically necessary.” The correspondence continued, indicating that patients or their insurers would not be billed for the additional surgery.

The lawsuit asserts that the failure to provide full disclosure and request consent is a violation of West Virginia’s Medical Professional Liability Act. Attorney filings argue that adding an unrequested and unapproved medical procedure placed patients at additional risk, including prolonged anesthesia time and escalated chances of complications.

Financial Gain Cited as Possible Factor in Additional Surgeries

Salango has also stated that there may have been financial incentive involved in the inclusion of these extra surgeries. Performing a combination of operations can lead to higher billing totals and increased revenue, especially when billed to insurance providers.

The complaint notes that nationwide averages suggest only one in five bariatric patients typically undergoes concurrent hernia repair. However, among the group of former CAMC patients examined, all underwent both procedures.

One example cited in the lawsuit involves a plaintiff who underwent sleeve gastrectomy surgery in November 2024. The hernia repair was not listed in the initial consent form nor discussed with the patient prior to the operation, plaintiffs allege.

Operative reports from Dr. Shin or Dr. Rossi characterized the hernia repair as preventative, citing it as a precautionary measure rather than as a surgical necessity. Plaintiffs allege that this wording was used to obscure the procedure from patients and delay discovery.

Patients Describe Emotional and Physical Impact

The class includes individuals who say they were shocked to learn about surgeries they never agreed to. According to WOWK News, some have expressed concern over possible long-term health outcomes or complications related to the added procedures.

Beyond the potential medical implications, the complaint also touches on emotional repercussions. Plaintiffs say the experience has left them feeling betrayed, with trust in healthcare professionals diminished.

Lawsuit Seeks Accountability and Policy Changes in Medical Care

The lawsuit seeks to certify a patient class believed to include more than 200 past bariatric surgery recipients. The plaintiffs are asking for damages related to physical impact, emotional distress, and breach of medical care standards.

In addition to compensation, the suit argues for stronger oversight, stricter consent practices, and full transparency in operative reporting.

Naming CAMC under a theory of vicarious liability, the case asserts that because both doctors were connected to the hospital during the time frame of the surgeries, the institution bears ultimate responsibility for the alleged misconduct.

Were you a bariatric surgery patient at CAMC? Have you received a letter about a possibly unnecessary hernia repair? Share your experience below.