Those who have experienced complications from the Allergan Lap-Band may qualify to file a lawsuit and pursue financial compensation with the help of our experienced Allergan Lap-Band attorneys.
Allergan Lap-Band lawsuits allege that Allergan knew or should have known its Lap-Band is dangerous yet failed to warn patients, healthcare providers or the public about risks associated with the device.
Key Takeaways
- The Allergan Lap-Band is a silicone gastric banding device linked with high rates of slippage, erosion, port failure and need for revision surgery.
- Allergan paid $3.5 million to the Department of Justice to resolve allegations that it knowingly sold Lap-Bands with defective access ports and marketed the device for procedures not approved by the FDA.
- Lawsuits against Allergan allege defective design, failure to warn, negligence and false marketing.
- Patients who required removal surgery, revision procedures or suffered serious complications may qualify to file a lawsuit.
- California’s product liability statute of limitations is generally two years from the date it is discovered that a product caused an injury.
Allergan’s Lap-Band was marketed for years as a minimally invasive, reversible weight loss solution for bariatric patients.
However, a study published in JAMA Surgery found that 61 percent of Lap-Band patients experienced complications, with almost half requiring band removal within 12 years.
Lawsuits allege that Allergan knew about high complication rates and defective access ports, yet continued aggressively marketing the device while concealing risks from patients, physicians and the FDA.
Call our experienced Allergan Lap-Band lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one suffered complications from an Allergan Lap-Band. We can help you recover financial compensation for mounting medical bills, ongoing medical expenses, lost wages, pain, suffering and more, and we will charge you no legal fee until we win your case.
Why Allergan Lap-Band Victims Trust Our Attorneys
- While many defective medical device law firms accept every case they can without considering if they have the staff to handle them all, our responsive legal team is fully staffed to provide Allergan Lap-Band clients with reliable communication, 24/7 availability and frequent case updates.
- We have been trusted since 1990 to represent victims of defective products and have been filing medical device claims for over 35 years.
- Our lawyers offer free consultations to Allergan Lap-Band victims and will charge you no legal fee until we win, since our only fee is a percentage of any recovery obtained.
- Our high-stakes litigation team has the experience handling large defective medical device cases and the legal issues involved with them, as well as the comprehensive resources to take on huge medical companies like Allergan and win.
- While many defective medical device lawyers are eager to cheaply settle for a quick buck, our trial-ready representation is ready to fight for Lap-Band victims in court when fair settlements can’t be reached.
- We and our legal teams have recovered over $750 million for defective medical device clients and other injury victims.
Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.
Call us today for a FREE consultation at (800) 718-4658.
Table of Contents
- Allergan Lap-Band Complications
- Who Qualifies for an Allergan Lap-Band Lawsuit?
- What Are the Symptoms of a Slipped Lap Band?
- Allegations Against Allergan
- What Are Allergan Lap Band Lawsuits Worth?
- Is There a Lap Band Class Action Lawsuit?
- How Long Do I Have to File an Allergan Lap-Band Lawsuit?
- Contact Our Allergan Lap Band Lawsuit Lawyers Today
Allergan Lap-Band Complications
The Lap-Band is associated with a high rate of serious complications despite being marketed as a safe, minimally invasive procedure.
Research shows that more than 60 percent of patients experience device-related complications following Allergan Lap-Band surgery. About half require complete removal within just 10 years of implantation.
Allergan previously recalled about 152,000 bands due to a defect in the adjustable gastric banding system’s access port.
The FDA’s own device labeling documentation acknowledges known risks including band erosion, port failure and the potential need for revision surgery.
A study published in the Journal of the American College of Surgeons identified port displacement, band slippage and band erosion as the most commonly reported device-related complications.
Common complications linked with the Allergan Lap-Band are band slippage, complete obstruction, port infection and stomach erosion. These often necessitate emergency surgical intervention.
Patients who have had Lap-Band surgery could experience severe complications like vomiting, chronic pain and difficulty swallowing. These may occur shortly after surgery or even years later.
Lap-Band patients have reported numerous severe complications, including:
Band Slippage
The band can shift from its original position. This can cause severe vomiting, reflux and difficulty eating.
Emergency surgery is often required to reposition or remove the device.
Band Erosion
The silicone band can gradually erode through the stomach wall. This creates a risk of serious infection, chronic pain and permanent digestive damage requiring emergency removal.
Access Port Failure
The subcutaneous port used to adjust band tightness can flip, disconnect or become infected. This frequently requires surgical intervention.
Defective ports were specifically cited in the Department of Justice’s case against Allergan.
Esophageal Dilation
Prolonged restriction from the band can cause abnormal expansion of the esophagus. This can lead to difficulty swallowing and chronic acid reflux.
Gastroesophageal Reflux Disease (GERD)
Many patients develop severe acid reflux and heartburn after Lap-Band placement. This sometimes requires corrective surgery to manage.
Bowel and Stomach Obstruction
The narrowed stomach opening can become fully blocked. This creates a medical emergency involving severe pain, vomiting and an inability to consume even liquids.
Malnutrition and Dehydration
Severe food restriction can prevent adequate nutrient and fluid intake. This can result in hospitalization or death.
Who Qualifies for an Allergan Lap-Band Lawsuit?
You or a loved one may qualify for a lawsuit if you received an Allergan Lap-Band and experienced serious complications.
Potential qualifiers include the following:
- You underwent surgery to remove or reposition the Lap-Band due to slippage, erosion or device failure.
- You experienced access port failure that required additional surgical intervention.
- You developed GERD, esophageal dilation, bowel obstruction or other documented complications.
- You suffered malnutrition, chronic physical pain or permanent digestive damage linked to the device.
- Your loved one died from complications connected with an Allergan Lap-Band.
You do not need to have filed a formal complaint at the time of your surgery to pursue a claim.
Patients who have suffered complications due to the Allergan Lap-Band could have the right to seek legal action against the manufacturer for failing to adequately warn about risks and for producing a defective product. Legal claims against Allergan regarding the Lap-Band device may be based upon deceptive marketing practices, product liability and failure to warn, which could expose patients to serious health complications without informed consent.
If you think you have been harmed by an Allergan Lap-Band, it is vital to consult with a lawyer who handles defective medical device claims to evaluate your case as well as determine if your claim is valid.
Contact us for a free case evaluation to determine if your situation qualifies.
What Are the Symptoms of a Slipped Lap Band?
Symptoms of a slipped lap band include:
- Severe vomiting/nausea
- Pain in the upper abdomen or lower chest
- Trouble swallowing
- Severe acid reflux
- Intolerance of food intake or feeling overly full immediately
- Nighttime coughing
- Sudden, unexpected weight gain or loss
Immediately seek medical attention and contact your bariatric surgeon if you experience these symptoms.
You may qualify for financial compensation in a lawsuit if you experience a slipped lap band. Call our attorneys today for a free consultation if you have suffered from a slipped lap band.
Allegations Against Allergan
The Allergan Lap-Band has been associated with design flaws which make serious complications practically inevitable for a lot of patients, creating a medical device which is unreasonably dangerous.
Internal documents and evidence suggest that Allergan could have known about high failure rates of the Lap-Band, yet continued marketing the device aggressively while downplaying its risks to healthcare providers and patients. It is alleged that Allergan aggressively marketed the Lap-Band as an effective, safe weight loss solution while downplaying known complications and risks associated with the device.
Research shows that almost 80 percent of patients experience device-related complications. However, Allergan marketed its Lap-Band as a reversible, minimally invasive alternative to weight loss surgeries which are more permanent.
Lawsuits against Allergan are grounded in several core legal theories:
Defective Design
The Lap-Band is alleged to be inherently prone to slippage, erosion and port failure due to its design, elevating patient risk and making it an unreasonably dangerous medical device.
Failure to Warn
Allergan allegedly failed to adequately disclose known risks to patients or physicians, prioritizing profits over patient safety.
Defective Access Ports
Allergan is alleged to have knowingly sold Lap-Bands with defective access ports between 2008 and 2010 while concealing the defect from the FDA and the public.
Allergan’s pattern of concealing product risks extends beyond the Lap-Band. The company also faces ongoing litigation over its textured breast implants being linked with a rare form of lymphatic cancer.
Off-Label Marketing
Allergan, between 2008 and 2012, allegedly marketed the Lap-Band for two procedures not approved by the FDA, using workshops, advisory boards and training events to encourage off-label use.
Misrepresentation
Allergan promoted its supposedly safe medical device as a safe, long-term weight loss solution, yet internal evidence suggests the company was aware of high complication rates in those who have undergone lap band surgery.
What Are Allergan Lap Band Lawsuits Worth?
Settlement values vary based on complication severity, documentation such as medical records, and individual circumstances.
Cases involving minor complications and single revision surgeries may settle for between $50,000 and $150,000.
Cases involving permanent digestive damage, complex medical issues, long-term disability or wrongful death may settle for $500,000 or more.
Patients who have suffered complications due to the Allergan Lap-Band might be entitled to financial compensation for medical bills, lost wages, pain, suffering, and all long-term care needs.
Our law firm can help you recover financial compensation for:
Medical Expenses
Reimbursement may include financial compensation for any past or future medical expenses related to your Lap-Band.
Compensation for Allergan Lap-Band complications may include reimbursement for additional surgeries, medications, hospital stays, and other treatments necessary to address ongoing health issues caused by the device.
Lost Wages
Our team can help you recover compensation for wages you’re unable to earn due to being too injured or sick to work, or due to having to take time off from work to attend medical appointments or surgeries.
Loss of Earning Capacity
We can help you recover compensation for any loss or reduction of earning capacity resulting from a disability caused by a Lap-Band.
Pain and Suffering
Our team can help you recover compensation for the physical pain, mental suffering, emotional distress and lost quality of life you’ve endured due to your Lap-Band.
Wrongful Death
If you’ve lost a loved one to Lap-Band complications, we can help you recover compensation for:
- Funeral and burial costs
- The loss of your loved one’s love, companionship, income, household services and spousal benefits
- The medical expenses your loved one incurred prior to passing
- The pain and suffering your loved one endured prior to passing
Is There a Lap Band Class Action Lawsuit?
Our law firm is filing individual lawsuits rather than a class action lawsuit.
We are filing individual lawsuits because we believe that those injured by Allergan Lap-Bands can recover far more compensation through an individual lawsuit than through a class action lawsuit.
Contact us today to discuss whether filing an individual lawsuit or a class action lawsuit is right for you.
How Long Do I Have to File an Allergan Lap-Band Lawsuit?
California’s statute of limitations for product liability claims is generally two years from the date it is discovered that a product caused an injury.
The specific timing and facts of your case are particularly important for establishing liability since Allergan sold its Lap-Band business to Apollo Endosurgery in 2013.
Contact a lawyer as soon as possible so evidence can be preserved and to protect your right to file a claim.
Contact Our Allergan Lap Band Lawsuit Lawyers Today
Call our experienced product liability lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one suffered severe health complications from an Allergan Lap-Band. We can help you recover financial compensation for medical expenses, pain, suffering, lost wages and more, and we will charge you no legal fee until we win your case.
Call us today.
