How Did the Allergan Lap-Band Work?
The Allergan Lap-Band was an inflatable band placed around the top portion of the patient’s stomach during a laparoscopic surgery. The band was supposed to create a small pouch to limit the patient’s food consumption. The Lap-Band was adjustable to be loosened or tightened based on the patient’s needs. The goal of the Allergan Lap-Band was to allow the patient to lose weight by feeling fuller, causing them to want less food intake while maintaining a healthy diet.
What Complications Arose from Use of the Allergan Lap-Band?
Unfortunately, the Allergan Lap-Band was not a foolproof weight loss solution. Issues with the Lap-Band included band slippage, erosion of the band into the stomach, and band deflation. Patients experienced reflux, nausea, vomiting, dilation of the esophagus, and stomach obstructions. Bowel obstructions also occurred. Sometimes, a second operation was necessary, which carried the usual risks associated with surgery.
Although medical device manufacturers work to develop new technology and create devices to help those with medical needs, they sometimes fall short and fail to recognize product defects. Or, they may have knowledge of potential defects and fail to warn doctors and patients of the risks, resulting in patient injuries and sometimes even death. If you suffered injuries due to a defective medical device or your loved one died from complications related to the device, take the quiz to see if you are eligible to bring a claim.
What Happened to Allergan?
Allergan is now owned by AbbVie. It sold the rights to the Lap-Band technology and no longer manufactures the product. It was last reported that Allergan settled a California case in which allegations suggested the company knowingly sold defective Lap-Bands to healthcare professionals who also received kickbacks. In that case, plaintiffs alleged that the Lap-Bands that Allergan sold had defective access ports, which they concealed, and misrepresented the cause of the leaky ports to healthcare providers, consumers, and the Food and Drug Administration (FDA).
How Do I Join the Allergan Lawsuit?
Taking the quiz is your first step to determining whether you can file a lawsuit through which you could join other similarly situated injured plaintiffs. If you suffered injuries that arise from a defective medical device that caused injuries to a significant number of other people, you may be able to seek money for your losses in a mass tort lawsuit.
What can a mass tort lawyer do for you? An attorney from Hughes & Coleman Injury Lawyers will serve as your advocate throughout the legal process. You can expect your lawyer to investigate, evaluate, and litigate as follows:
Your attorney will thoroughly investigate how your injuries occurred. For example, they will obtain your medical records to identify the medical device and its manufacturer, how it was placed during surgery, and the subsequent medical treatment you required due to any defects.
An experienced mass tort attorney will fully evaluate the liability of all potentially liable parties, including the manufacturer of the product. They will review previously filed cases of other injured parties to determine whether there are any similarities in the malfunction of the device and your injuries.
Assuming there is ongoing litigation, your attorney will prepare and file a lawsuit to join the existing lawsuit against the medical device manufacturer.
At Hughes & Coleman Injury Lawyers, we cannot guarantee the success of your claim. However, our past case results and client testimonials speak for themselves. You can trust that we will work hard for you as we have done for the many clients we have served.
How Does Compensation Work in an Allergan Mass Tort Case?
Although claims against Allergan related to its Lap-Band are likely no longer viable, your quiz results may reveal you are eligible to join a mass tort lawsuit related to a different defective medical device. An attorney from Hughes & Coleman Injury Lawyers will carefully scrutinize the facts and circumstances of your case to determine the compensation you may pursue.
Injuries related to medical devices can result in additional medical treatment, more surgeries, and extensive therapy. While receiving the medical care you need, you may miss work. Or, the injury could prevent you from returning to your job. In addition to these losses, you may also suffer personal losses for which you can seek compensation. Accordingly, your attorney may advise that you pursue money for your:
- Past and future medical expenses
- Lost income
- Loss of future earning capacity
- Pain and suffering
- Mental distress
- Emotional trauma
Depending on the nature of the case, an award of punitive damages may be warranted. In some states, courts are permitted to award punitive damages if specific circumstances are present in the case. They require the plaintiffs in a mass tort lawsuit to prove by clear and convincing evidence that the medical device manufacturer acted with fraud or malice. Punitive damages are also available in some states if plaintiffs prove the defendant intentionally or maliciously placed a defective product in the stream of commerce or failed to warn doctors and patients of the risk. While the purpose of the compensatory damages listed above is to provide you with the money you need to cover your losses, an award of punitive damages is used to deter similar acts or omissions by other medical device manufacturers.
Contact the Mass Tort Attorneys at Hughes & Coleman Injury Lawyers
When you have suffered injuries or lost a loved one due to complications arising from a defective medical device, Hughes & Coleman Injury Lawyers are here for you. We will provide you with the strong legal representation you deserve. For over 35 years, we have represented injured people and their families across the country. Take our quiz today to see if you qualify to file a lawsuit.