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 4, 2011 — Allergan, Inc., the manufacturer of Lap-Band, is distancing itself from the advertising practices of the surgical centers behind 1-800-GET-THIN campaign, which recently came under fire from the U.S. Food and Drug Administration. The FDA has warned that the advertisements mislead consumers by minimizing risk information. If you have been injured during Lap-Band surgery, gastric band surgery, you may want to contact a Gastric Band Lawyer. You may be entitled to compensation for the pain and suffering you have endured.

 

Allergan, Inc. is voluntarily issuing its own advertising guidelines, calling for doctors who perform this surgery to present balanced information about the risks associated with lap band surgery, gastric band surgery, and other bariatric surgeries. Doctors are not required to follow the guidelines.

Allergan’s guidelines are as follows:

• Be truthful and not misleading. Reveal all information about the procedure that is important for patients to know and consider prior to the procedure.
• Provide balanced information about benefits and risks related to the procedure.
• Ensure that all claims of success, including comparative claims, have sufficient support, including appropriate scientific evidence when necessary.
• Use language that is easy to understand and appropriate for patients who may be interested in treatment.
• Present important risk information, including potential adverse events associated with the procedure, in a way that is clear and does not minimize the potential risks.
• Showcase only endorsements and testimonials from patients that are truthful and reflect a typical patient experience
• Encourage patients to seek information from other sources, such as patient support groups, to gain more information on their condition and potential treatment options

The FDA recently sent warning letters to the advertising company and eight surgical centers behind the ubiquitous 1-800-GET-THIN advertisements, warning that they are in violation of federal law, because any advertisements of medical devices must also include clear warning information about the risks and side effects. Click here for more information about the FDA safety warning.

If you have been injured after gastric band surgery, you may want to contact a Gastric Band Lawyer at the Schmidt Firm LLP. We can help you receive the compensation you deserve.

What are the Gastric Band and Lap-Band? The Lap-Band and Gastric Band are similar medical devices used in weight-loss surgery. The device is a silicone ring that is fitted over the upper part of a person’s stomach, creating a pouch with a narrow opening to the lower stomach. People who have this ring fitted on their stomach are only able to eat the amount of food that can fit into the pouch, or they risk stretching their stomach, vomiting, and harming their esophagus as food backs up into their throat. Overweight people who have this surgery must make drastic changes to their diet and eating habits.

The surgery itself also comes with a high risk of complications. A recent study of gastric band surgery called Trends in Bariatric Surgeries in California Hospitals 2005-2009 found the following rates of injury:

• 13% of weight-loss surgery patients had some kind of complication following surgery
• 6.5% of patients were readmitted to the hospital within 30 days after surgery
• 1.5 per 1,000 patients died within 30 days of surgery

The number of gastric band surgeries has boomed in recent years — There has been a six-fold surge in weight-loss surgeries in Southern California in the last five years. More than 14,000 gastric band surgeries are performed in California alone every year, and this number is expected to increase.

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

The Schmidt Firm, LLP is currently accepting Gastric Band surgery induced injury cases in all 50 states. If you or somebody you know has been injured after weight-loss surgery, you should contact our Gastric Band 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.

Related Posts

• CA Deparment of Insurance Investigates Lap Band
• Former Workers File 1-800-GET-THIN Lawsuit
• Lap-Band Class Action Lawsuits and FDA Prompt New Warning
• 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