Spine Patients of Two Eastern Washington Surgeons Could Receive at Least $2,000 in $155.5 Million Proposed Settlements

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Editorial Illustration via AI Share on Twitter Share on Facebook Share on Pocket Former spine surgery patients in Walla Walla and Spokane may soon be eligible for payments of at least $2,000 under proposed class-action settlements totaling $155.5 million. Providence and MultiCare Health System agreed to the deals to resolve lawsuits over surgeries performed by neurosurgeon Dr. Jason Dreyer and, at Providence, Dr. Daniel Elskens, Becker’s Hospital Review reported.

For thousands of patients and families in Eastern Washington, the settlements offer a path to compensation without the cost and delay of a trial. The lawsuits allege that Dreyer performed unnecessary spine surgeries to boost his productivity. Both settlements still need court approval, and no payments have been made yet.

Under the Providence agreement, filed Sept. 28 in the U.S. District Court for the Eastern District of Washington, every patient who had spine surgery performed by Dreyer or Elskens at Providence St. Mary Medical Center in Walla Walla is eligible for $2,000. The second settlement covers patients Dreyer treated after joining MultiCare in 2019, at Deaconess Hospital and Rockwood Clinic in Spokane.

Plaintiffs’ attorney Bill Gilbert said anyone treated by Dreyer would receive $2,000, according to The Spokesman-Review. The paper reported that more than 2,000 people are members of each class.

Dreyer worked at Providence St. Mary from 2013 until he resigned in 2018, and at MultiCare from 2019 until 2021. Elskens left Providence in 2017. Patients who are unsure whether they qualify can check their surgical records for the surgeon’s name and the hospital where the operation took place.

Patients who believe they were seriously harmed can seek more than the minimum payment. Instead of the automatic $2,000, they can ask a panel of neurosurgery experts to review their care.

The Providence settlement provides up to $100 million, with patients placed in tiers based on the severity of harm, the Walla Walla Union-Bulletin reported. Some patients could receive up to $750,000. Payments above the minimum depend on whether surgeries are found unnecessary, excessive, or otherwise substandard.

“We came in to protect the individual patients because the False Claims Act cases do not protect the patients,” Gilbert told The Spokesman-Review. “It’s just the government getting their money back.”

Both hospital systems deny wrongdoing. “We are confident that MultiCare would have prevailed had this case gone to trial,” a MultiCare spokesperson said, calling the settlement “a practical business decision.” Providence said the agreement “avoids the significant cost and ongoing disruption of prolonged litigation.”

The class actions followed earlier government cases. In 2022, Providence agreed to pay $22.7 million to resolve allegations that it billed federal health programs for medically unnecessary neurosurgeries performed by two surgeons at Providence St. Mary from 2014 to 2018, according to the U.S. Attorney’s Office for the Eastern District of Washington.

“Patients with back pain and spinal injury deserve top-notch care from a provider who puts the patient first and is not improperly influenced by how much he can bill for the procedure,” U.S. Attorney Vanessa Waldref said at the time. Federal officials said one of the surgeons was paid under a productivity formula that rewarded performing more and more complex surgeries.

Dreyer later paid more than $1.1 million and MultiCare about $3.7 million to settle related federal claims. The class-action claims remain allegations, and no court has found the surgeons liable in this case.

No settlement website, claim form, or deadline has been announced. After a judge grants preliminary approval, eligible patients should receive formal notice explaining how to file, object, or opt out. Gilbert said he hopes the settlements will be finalized sometime after Jan. 1, 2027. Patients who have moved since their surgery should make sure class counsel has their current address so a notice can reach them.

Former patients can prepare now. Under federal law, patients have the right to request copies of their medical records, including operative reports, imaging, and follow-up notes. Keeping records of later treatment, ongoing pain, lost work, and medical bills may help if a patient seeks a larger award.

Patients should be cautious about anyone charging fees to file claims or contacting them with unofficial offers. Questions can go to class counsel at Gilbert Law Firm or to an independent attorney. People with new or worsening symptoms, such as numbness, weakness, or loss of bladder control, should seek medical care promptly regardless of the legal process. Most affected patients could receive at least $2,000, while those with serious harm may qualify for more through expert review once the court approves the deals.

Who qualifies for the settlement? Patients who had spine surgery by Dreyer or Elskens at Providence St. Mary in Walla Walla, and patients Dreyer treated at MultiCare in Spokane, according to court filings and attorneys.

How much could patients receive? Each eligible patient could get at least $2,000. Those seeking more can request expert panel review, with some Providence awards reaching up to $750,000.

Is the settlement final? No. Both settlements need court approval. Plaintiffs’ attorney Bill Gilbert hopes they will be finalized sometime after Jan. 1, 2027.

How will patients file a claim? Formal court-approved notices should explain the process after preliminary approval. No claim website has been announced yet.

Did the hospitals admit wrongdoing? No. MultiCare said it would have prevailed at trial, and Providence said settling avoids costly litigation.