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.

If you live in Southern California, you’ve probably seen 1-800-GET-THIN advertisements on buses, in the newspaper, on billboards, the internet, and elsewhere. They provide testimonials from people who claim that they lost weight after Lap-Band Surgery. However, according to a warning letter issued to a number of California surgical centers and 1-800-GET-THIN, these advertisements are misleading because they fail to adequately warn consumers of the serious risks and side-effects that may occur after surgery. In the letter issued to 1-800-GET-THIN, the FDA has requested that the company immediately cease marketing the Lap-Band using advertising that violates the Federal Food, Drug, and Cosmetic Act.

How does a gastric band work?

The gastric band, or “lap band,” is a circular silicone device that a surgeon places around the upper part of the stomach, creating a pouch. The band is connected to a tube that sits just under the patient’s skin, so a surgeon can inject fluid into the band without performing another surgery. The fluid inside the band makes it tighter or looser. With a tight gastric band, the opening between the upper part of the stomach and the lower part of the stomach is very small, and it takes more time for food to move through this small opening. As a result, people feel full sooner, and they are unable to eat large amounts of food.

The FDA has approved two gastric bands. Lap-Band by Allergan Inc., and Realize Adjustable Gastric Band, by Ethicon Endo-Surgery, Inc. Both bands are approved for obese adults who have not lost weight with other methods. Adults must have a body mass index (BMI) of at least 40, or at least 35 and one health condition linked to obesity.

Side effects of a gastric band:

• Nausea and vomiting
• Difficulty swallowing
• Gastroesophageal reflux (GERD)
• Upset stomach, pain
• Stretching of the stomach
• Stretching of the esophagus
• Moving of the gastric band, requiring another surgery
• Erosion of the band through the stomach wall, requiring another surgery

The surgery itself also has risks, including death. The risk of death during surgery is greater for people who are obese. In addition, the surgery to place the gastric band is often just the first of multiple surgeries to reposition, replace, or remove the gastric band.

Furthermore, not everyone loses weight. People with a gastric band need to make drastic changes to their diet. They will only be able to eat small amounts of food. If they eat too much, the stomach can stretch. The excess food will also back up into the esophagus, causing nausea and vomiting. Patients who drink high-calorie fluids, such as milkshakes, may not lose weight while using a gastric band.

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

The Schmidt Firm, LLP is currently accepting Gastric Band induced injury cases in all 50 states. If you or somebody you know has experienced a side effect after using a Gastric Band or Lap-Band, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Gastric 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.

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