Bozav8

My wife has had a band for about 3 years. Just went in for a fill because she's had rapid apetite gain. The band is deflated or partially deflated. We have an immediate appointment today to speak with the surgeon. My questions: 1. Is there an immediate health issue??? 2. Will corrective surgery be covered? We paid cash as my insurance doesn't cover lap bands. Insurance MAY cover this as it is corrective but I will still have a substantial co-pay. I don't feel I should have to pay anything as we obviously havent gotten what we were promised. Anyone know how this should play out? Should I contact an attorney?

My main concern right now is if there are any known health risks with what we are seeing? I understand there are risks with surgery (infection, healing, etc) but this is clearly an issue of a defective band that didn't last as promised. Should defective parts be covered under some kind of guarantee? Original paperwork is at home and I haven't been able to review any clauses but it seems to me that we haven't gotten what we were promised. I'd only want to go the attorney route to cover replacement costs, not looking for a payday. Just want what I paid for.