Please note, The Schmidt Firm, LLP is no longer accepting Lap Band claims. If you feel that you may have a potential case, we urge you to locate another law firm adequately suited to handle your claim.

January 27, 2012 — The California Department of Insurance is investigating whether the Lap Band surgical centers behind 1-800-GET-THIN have committed insurance fraud by over-billing patients for procedures. A separate lawsuit accuses the organization of conducting unnecessary medical procedures (including unnecessary surgery) to profit by billing the patients’ insurers. The Department will be looking at records from the insurance companies to determine if they were systematically over-billed by the surgical centers, and they may soon file a Lap Band lawsuit.

 

A spokesman for the Department of Insurance would not confirm or deny that the Department was investigating surgical centers affiliated with 1-800-GET-THIN. The massive insurance company Aetna Inc. said that it was cooperating with authorities, telling the Times “Since this is an ongoing investigation, there is no additional information that I can share.”

A lawsuit was recently filed against 1-800-GET-THIN and its affiliates by more than a dozen people, including 11 patients who say they were billed exorbitantly more than was necessary. A typical Lap Band surgery should cost between $12,000 and $20,000. One woman in the lawsuit says she was charged more than $179,000 for her procedure, which she says also included “medically unnecessary” procedures. Some patients say they underwent surgery for gallbladder removal, X-rays, and “sleep studies.”

The insurer Aetna Inc. said that it was cooperating with the California Department of Insurance law enforcement branch, as it “investigates alleged fraud against our members by the 1-800-GET-THIN … surgery centers.” The law enforcement branch of the Department has the power to make arrests and pursue criminal charges.

The Los Angeles County Coroner is also investigating the death of Paula Rojeski, an Orange County woman who died during Lap Band surgery at a center affiliated with 1-800-GET-THIN. The lawsuit against the company alleges that employees were instructed to cover up important evidence in the case to prevent law enforcement from investigating circumstances that contributed to Ms. Rojeski’s death.

The U.S. Food and Drug Administration (FDA) has also recently sent warning letters to eight surgical centers affiliated with 1-800-GET-THIN, saying that the advertising campaign is “misleading” and minimizes the risks of Lap Band surgery. In response to the FDA, the president of 1-800-GET-THIN, Robert Silverman, appeared before the L.A. County Supervisors to assure them that he would comply with the FDA’s instructions. Since that meeting, the company has placed a warning on its website that Lap Band surgery can cause death. Silverman told the supervisors “We are currently reviewing the television advertisements, the radio advertisements, and the billboards, as well as how we can develop even more substantial disclosures to comply with the FDA.”

The Lap Band is a silicone ring that is surgically implanted around a obese person’s upper stomach, intended to discourage eating and promote weight-loss. The device creates a small “pouch” in the upper stomach, and a person can only eat small amounts of food at a time, or they risk stretching the stomach. Many are concerned about the safety and efficacy of these products, after 10-year research found that one out of three patients experience a major complication, 40% of patients fail to lose weight, and results worsen over time.

How do I contact a Lawyer for a Lap Band Lawsuit?

The Schmidt Firm, LLP is currently accepting Lap Band side effect cases in all 50 states. If you or somebody you know has suffered a side effect or complication after Lap Band surgery, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Lap Band Litigation Group or call toll free 24 hours a day at (866) 920-0753.

Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.

Related Posts

• Former Workers File 1-800-GET-THIN Lawsuit
• Six-Fold Surge in Weight-Loss Surgery in Southern California in Last 5 Years
• 1-800-GET-THIN, Gastric Band, and Lap-Band Safety Warning
• Lap Band Malpractice Lawsuit & Lawyer
• Lap Band Complications