A class action lawsuit accuses Charleston (W.Va.) Area Medical Center (CAMC) and two former physicians of performing medically unnecessary paraesophageal hernia repairs, often without patient consent, during bariatric surgeries, WCHS reported June 3.
What happened?
- The suit accuses Robert Shin, MD, and Samuel Rossi, MD, of medical negligence. CAMC is cited for vicarious liability, as the procedures allegedly occurred over at least a decade under its oversight. Both physicians are no longer affiliated with the hospital.
- Plaintiffs allege that each hernia repair involved mesh implantation, raising long-term risks such as erosion, migration, chronic pain and foreign body reactions, even when no hernia was present. Medical records reportedly used identical phrasing across patients, suggesting routine and unjustified hernia repairs. Some patients allegedly learned of the additional procedure only after receiving a letter from CAMC.
- The lawsuit also alleges both physicians received bonuses tied to performing hernia repairs, while CAMC profited from dual billing and mesh-related charges.
- The suit claims both doctors received bonuses linked to performing hernia repairs, and the hospital financially benefited from dual billing, bariatric surgery plus hernia repair, along with mesh charges, implying a profit motive behind the procedures. Additionally, while only 20% of bariatric patients typically require hernia repair, CAMC records show nearly a 100% rate, according to the suit.
- The hospital acknowledged in a letter that some hernia repairs “may not have been medically necessary” and offered financial absolution, but no clinical support.
- Attorneys claim 600+ individuals are involved or under review.
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