What Is the Allergan Lap-Band?
The Allergan Lap-Band is a weight loss medical device that restricts the amount of food an individual needs to consume to feel full. It’s an adjustable band that surgeons place around the top of the stomach, limiting access and reducing the size of the stomach.
While Allergan markets the device as a safe and effective way to lose weight, victims allege that it can lead to various health issues, some of which can be life-threatening. Further supporting these claims from victims, Allergan settled with the United States Department of Justice (DoJ) for $3.5 million over allegations that it worked with healthcare providers to use its product on patients who didn’t need it.
Types of Defective Product Lawsuits
There are three primary things defective product lawsuits allege: Defective design, defective manufacturing, and failure to warn. Depending on what you’re alleging through your lawsuit, you may need to provide different evidence. Examples of these types of defective product lawsuits include:
- Design Defects – These are defects inherent in the product’s design that make it unsafe for consumers. Many lawsuits against Allergan allege that the Lap-Band is defectively designed because the device can slip out of place or fail in other ways. To prove defective design, you must show that the product presents an unnecessary risk of harm even when used as intended.
- Manufacturing Defects – These are defects introduced during the manufacturing phase. The lawsuits against Allergan’s Lap-Band device don’t tend to allege a manufacturing defect. However, an example would be if the product would have worked if not for an issue occurring during the manufacturing process that made the device weaker and prone to failure.
- Warning Defects – These are defects in the product’s warning or instruction labels or how the manufacturer markets the product. Most lawsuits against Allergan allege that the company knowingly misled consumers about the product’s safety despite having evidence of the harm it could do. According to the DoJ, the company also encouraged healthcare providers to use the Lap-Band to treat conditions it was not designed for.
What Are the Risks of Using the Allergan Lap-Band?
Despite Allergan’s claims that their Lap-Band product is safe, victims report various medical conditions caused by the device. Some of the most common injuries suffered by victims include:
If the band moves from its intended position, it can damage the stomach and surrounding organs. Symptoms of band movement include severe pain and nausea. Victims may need to undergo additional surgery to have the band replaced or removed to fix this issue.
The area around the Lap-Band can become infected, leading to other dangerous conditions, such as sepsis. While antibiotics may be enough to treat an infection, surgery to remove the device is usually required.
The Lap-Band can fail to restrict the patient’s food intake, requiring additional surgery to remove or replace it.
Since the Lap-Band restricts food from entering the top of the stomach, some plaintiffs have experienced esophageal dilation, which is the expansion of the esophagus, as food is unable to get into the stomach at the rate it once could. This condition can lead to acid reflux and other issues.
GERD is a chronic condition caused by stomach contents leaking back into the esophagus. It can result in severe heartburn and acid reflux and may require additional surgery to remove the Lap-Band to correct.
If you experienced any of the above medical issues after having the Allergan Lap-Band or another medical device implanted, you may be eligible for an injury lawsuit. Fill out our questionnaire to learn more about your eligibility.
Evidence Required for a Successful Allergan Lap-Band Lawsuit
To successfully recover compensation through an Allergan Lap-Band lawsuit, your lawyer must show:
You need evidence that you had the Allergan Lap-Band implanted, which can typically be found in your medical record.
You need to show that you were diagnosed with a medical condition or injury caused by the Lap-Band.
You must have medical records detailing the treatments you underwent to correct the condition caused by the Lap-Band.
You should have records demonstrating the financial impact the Allergan Lap-Band’s failure had on you. Medical bills or records of wage loss can be important evidence.
An experienced personal injury lawyer can gather the evidence you need for your lawsuit.
Compensation to Allergan Lap-Band Injury Victims
Through your lawsuit, you can seek the following compensation for your injuries caused by the Allergan Lap-Band:
- Medical Expenses – Compensation for surgeries, hospital stays, medical treatments, prescription medications, and medical devices.
- Lost Wages – Compensation for the wages you lost during your treatment period.
- Loss of Future Earning Capacity – Compensation for the wages you will lose due to your injury’s impact on your ability to work.
- Pain and Suffering – Compensation for the physical pain and suffering experienced due to your injury.
- Emotional Distress – Compensation for the emotional distress experienced due to your injury. Having to undergo further surgeries can be stressful for many.
Your attorney can help you calculate the value of your losses and how much compensation to seek through your lawsuit.
Contact an Allergan Lap-Band Injury Lawyer
If you suffered an injury caused by the Allergan Lap-Band or another medical device, complete our questionnaire to learn whether you’re eligible to file a lawsuit. The Ron Bell Law attorneys will review your case, go over your legal options, and answer your questions about the personal injury process.