Why I'm considering a lawsuit...

[cnr1983 0]

I have to admit, I was somewhat disappointed with the band. What I didn't realise is that I would be one of the few people who vomits a lot - regardless of how well I chew, what I eat or how little I eat. It is what it is - I've been checked and there's nothing wrong with the band and there's nothing 'wrong' with me either, I just can't keep food down for about 1 month after a fill (it relaxes after that).

Obviously, this means I get hungry a lot because I'm substituting my meals with liquids a lot of the time (rendering the band somewhat useless).

I've lost weight, I can't argue with that, but it's been a painful and uncomfortable journey. There are times when I look at a plate of food and I just can't be bothered because I know what it will lead to.

But, it's the risk I took. Needless to say, I wish my surgeon had been more thorough - I did my own research but I really thought it was best to hear it from him, rather than second hand information from questionable sourced off the internet. Unfortunately, he didn't quite do his job and left out a lot of information that may or may not have changed my mind. Either way, the moneys gone and the best I can do is make the best of it. I'm thinner now than I was at 14 years of age so I'm not complaining in that sense...I only wish it didn't have to be so complicated.

Either way, Good luck to you - this tool does work for a lot of people but you have to keep on top of your fills; one fill is literally peanuts, you need more than that.

[onenuttynurse 0]

Good luck with the lawsuit you will not win. You haven't even tried to work with it, shown any committment to yourself. You obviously did not research it well enough before having this surgery. One last thing, no one commenting on this post should apologize for anything they write, because this post is silly to begin with. Projecting blame when the only one to blame is staring at you in the mirror...You really should have the band taken out and stick with Jenny Craig...Ask your friends in 1 year or 2 how they are doing with the 1 to 3 percent success rate...............

[jalomum 1]

I have to admit, I was somewhat disappointed with the band. What I didn't realise is that I would be one of the few people who vomits a lot - regardless of how well I chew, what I eat or how little I eat. It is what it is - I've been checked and there's nothing wrong with the band and there's nothing 'wrong' with me either, I just can't keep food down for about 1 month after a fill (it relaxes after that).

Sounds like your band is a little too tight...I was like that after my last fill in December, it was too tight so I struggled for 3 weeks and could not eat very many solids. I ended up eating rubbish as it went down better!! I cancelled the fill in January because I had just loosened up and did not want to be that tight again and then I have just cancelled the February one as well because I think a fill, even a small one, will put me back where I was in December and I really don't want to be there!!

[tanqueray 16]

I haven't logged onto this site for almost a month. I was banded in Sept of 09 and throught I had read it all on this forum until I saw this.

REALLY??? Sue for what?? This is exactly what is wrong with our legal system. People take no responsiblity for their actions...it's always someone else's fault. So our legal system is clogged with crack-pot suits that really should have never been filed in the first place.

Truth be told, you are unhappy because YOU are not putting forth the effort, not the band. Hold yourself accountable.

I agree with most of these posts. Before you let any doctor cut you open, it is your responsiblity to find out as much information as possible.

[Poppyred 0]

Had I gone on this site b4 my surgery, I would NEVER have had it! I was banded on 10/22/09 - lost 22 lbs. pre-op and w/in next 3-4 weeks, and NOTHING since - no matter what I eat - which is very little.

Obviously, from reading the posts on here, this band is NOT the tool as it was advertised to be. This was major surgery with commercials advertising that it would limit hunger and make you feel full. Not happening. I don't ever feel full - just uncomfortable, so the hunger is still there.

Also, there are so many biological issues here I won't even get into - but, you probably know what I mean. It looked fairly simple going into surgery, but in the back of my mind - which I ignored out of desperation - I knew this wasn't going to work on me. I even joked to my sister - one of the few people I have even told about this thank God - that I would be the one anomaly that this wouldn't work on.

I have only had one fill for various reasons - money being one of them - at 1.5ccs. I really think I'm wasting my time and money quite frankly.

My colleagues on Jenny Craig are leaps and bounds ahead of me in weight loss and eating pretty good meals throughout the day. I think I'm going to go on Medifast - tried it once but didn't last long.

So, I have to pay for my surgery, my fills, and now more "specialized" foods. I am NOT happy about this, but will look into my options legally. If I could just recoup my surgery costs, I'll be happy - but probably a REAL LONG SHOT!

Hi

I was self pay too..and I think that is where alot of the feelings are coming from...its sooooooooooo much money and its easy to feel that its not working fast enough..then comes the point..of thinking I wasnt worth spending that much on myself..I could of remodeled the family bath...then the point of being mad at the doctor..

After I had my surgery and still had the swelling..it was the best time..for once in my life I didnt feel hungry..for that whole two weeks....a bit of food filled me..then I was back to feeling starved again. I have had one fill and am schedule for another one the first of March..I know there is a sweet spot..I was there once. I will be patient as I know when the band is filled correctly for me...then I will be successful again. Please consider keeping your money ..and using it for fills till you get to that point..you will..I assure you...till then alot of emotions you will go through...but you will succeed! good luck!

[Jachut 487]

If you've had only one fill in that time, its little wonder you're not getting great results. I really dont see how you'd be in strong position legally if you havent utilised your band to its full advantage.

And if money's an issue, did you not realise that you would need fills and that they would cost? I think it would be very hard to prove that you've been deliberately misled when the information is fairly easy to find out there.

I'm sorry it hasnt worked the way you might have hoped, but if you can get together the funds for regular fills, you might find that it improves. But I dont think any of us ever had a guarantee in writing that we would lose weight.

[Jachut 487]

Good luck with the lawsuit you will not win. You haven't even tried to work with it, shown any committment to yourself. You obviously did not research it well enough before having this surgery. One last thing, no one commenting on this post should apologize for anything they write, because this post is silly to begin with. Projecting blame when the only one to blame is staring at you in the mirror...You really should have the band taken out and stick with Jenny Craig...Ask your friends in 1 year or 2 how they are doing with the 1 to 3 percent success rate...............

I think this is a great point. But I also think, from several years in this forum (and when you watch shows like biggest loser too) that obesity is a disease which often comes with a set of personality traits. The major one of which is a reluctance to accept responbsibility for what we put in our mouths and how we move our bodies. The people who are successful are the ones who finally bite the bullet, stop making excuses and get on with what needs to be done. I've also seen many people gradually morph into a doer rather than a whiner.

But its all part of getting better which is why I dont think its bad for people to gently point out the flaws in this logic rather than just go on the attack.

[AlienBandit 10]

I really hope you have talked to your doctor and maybe a shrink about your thoughts and concerns.

You need to remember that the first few months after surgery is mostly a time for healing. Small fills a few weeks apart are important to space out because your stomach need to adjust to having the band there. Sure you can ask for a big fill but even if you get it, big fills too often are thought to be a possible cause for band erosion. Would you rather have that? Trust me it isnt fun!

I think even if you talk to a lawyer about a lawsuit they will probably tell you, that you dont have a case.

I wish the best for you and that you can learn better how to use this tool for weight loss.

[braydens_mommy 0]

Had I gone on this site b4 my surgery, I would NEVER have had it! I was banded on 10/22/09 - lost 22 lbs. pre-op and w/in next 3-4 weeks, and NOTHING since - no matter what I eat - which is very little.

Obviously, from reading the posts on here, this band is NOT the tool as it was advertised to be. This was major surgery with commercials advertising that it would limit hunger and make you feel full. Not happening. I don't ever feel full - just uncomfortable, so the hunger is still there.

Also, there are so many biological issues here I won't even get into - but, you probably know what I mean. It looked fairly simple going into surgery, but in the back of my mind - which I ignored out of desperation - I knew this wasn't going to work on me. I even joked to my sister - one of the few people I have even told about this thank God - that I would be the one anomaly that this wouldn't work on.

I have only had one fill for various reasons - money being one of them - at 1.5ccs. I really think I'm wasting my time and money quite frankly.

My colleagues on Jenny Craig are leaps and bounds ahead of me in weight loss and eating pretty good meals throughout the day. I think I'm going to go on Medifast - tried it once but didn't last long.

So, I have to pay for my surgery, my fills, and now more "specialized" foods. I am NOT happy about this, but will look into my options legally. If I could just recoup my surgery costs, I'll be happy - but probably a REAL LONG SHOT!

I was banded 12/3/09 and I LOVE my band. I have lost 30 pounds now. if your band is only 1.5CC's full, that is not nearly enough to give you the restriction that you are looking for. You should have them fill your band to at least 5.0 CC and see how that works for you. Many people I know who have the band are between 5.0 CC and 5.7 CC. I found that 5.0 CC works really well for me.

You also have to make good food choices and be aware of your liquids you are drinking. You still have to do the work and use the band as a tool.

I hope you are not giving up out of frustrations. The band really does work. I have seen it work numerous times.

Good Luck!!

[bandwife 0]

I can't believe how insensitive you all seem to be. I'm a new member, having joined because after 3 years, my husband's band is still causing more trouble than it's worth. Just because you've had positive experiences, isn't it possible that the original poster is legitimately unhappy, and for good reason?

We are educated people, and undertook the decision for my husband to have the surgery after much research and deliberation. While there was pre-surgical weight loss, and some post-surgical loss, he's been unable to maintain it. He vomits after most meals, even when eating foods such as salad, fish, and soft ground meat. One of you posted about steak - we haven't seen a steak here since March 2007. The whole family has given it up as he can't eat it without suffering from a horrible need to throw up after each bite. It doesn't matter how much he chews it. As a result, he feels cheated out of eating meals - once he throws up he often can't eat anything else, and resorts to "treats" afterwards.

I joined this forum to see if we could find some constructive help, but you all seem to have just "drunk the kool-aid" and are unwilling to consider that not everyone had the same good results as you. Maybe I'll look someplace else for help.

[fourme 0]

Hello Bandwife and welcome,, this is probably the wrong post for you to be under but no matter what we can probably address some of your husbands issues.. This is a very supportive post for the most part and we all try to support each other on this journey. Not that we are all sheeps and can not see that some people (wonderful) people do have troubles with the band.

There may be many reasons for your husbands trouble and he probably should start from square one. Doing the liquids for awhile then the mushies. We need more info about how fast he eats, how many cc's are in his band. If your only hopes are to get money from a lawsuit, you have to have more compications than vomiting, because he could just have all the Fluid out of his band and he would probably be able to eat anything he wants. You didnt mention any kind of weight loss or how much he is in the gym? Just not being able to have steak is not going to be grounds for a lawsuit. Please give us more info and all of us Kool-aide drinking fools will try to help you guys out....

[jalomum 1]

I can't believe how insensitive you all seem to be. I'm a new member, having joined because after 3 years, my husband's band is still causing more trouble than it's worth. Just because you've had positive experiences, isn't it possible that the original poster is legitimately unhappy, and for good reason?

We are educated people, and undertook the decision for my husband to have the surgery after much research and deliberation. While there was pre-surgical weight loss, and some post-surgical loss, he's been unable to maintain it. He vomits after most meals, even when eating foods such as salad, fish, and soft ground meat. One of you posted about steak - we haven't seen a steak here since March 2007. The whole family has given it up as he can't eat it without suffering from a horrible need to throw up after each bite. It doesn't matter how much he chews it. As a result, he feels cheated out of eating meals - once he throws up he often can't eat anything else, and resorts to "treats" afterwards.

I joined this forum to see if we could find some constructive help, but you all seem to have just "drunk the kool-aid" and are unwilling to consider that not everyone had the same good results as you. Maybe I'll look someplace else for help.

Sorry but I have to contradict you there, you have picked up the wrong impression, I think this thread has some caustic replies because the initial post concerned the 'it didn't work on it's own so I want someone to blame' mentality and she had only had the band a couple of months and not given it a chance or even put it to work by having fills.

I'm sorry your hubby is having such a rough time, you must all be very miserable, I had the same thing before Christmas for 3 weeks and it was horrible, I didn't lose anything because I was prevented from eating my usual healthy diet and was even getting finely shredded and well chewed lettuce stuck. So I ate chocolate and ice cream...both of which I hate....well, maybe not the chocolate so much....Cadbury's of course!!!:smile2:

It sounds like he has too much Fluid in his band. If it's too tight food can't pass through so it has to come back out the way it went in. The vomiting will make his oesophagus inflammed and swollen and reduce the stoma opening enen more thus making the problem worse. The swelling will stop things passing through that would easily pass through the band if there was no swelling.

He needs to have liquids for a couple of days to allow the swelling to subside, then start working up to thicker consistancies. If he still has no luck with any solids then he needs to get some fluid out. More fluid is not always better. He needs to be eating good food and be able to keep it down. If he keeps retching and vomiting he will end up with the band slipping and have to have surgery to remove or replace it.

Please, read more threads and check out the advice.

In my opinion you are in the best place for help and advice, this site is a fantastic resource for anyone with or considering a band. It has the good, the bad and the ugly. unfortunately you seem to started in the wrong spot. If you read all of the posts in the thread there is plenty of good and the lady who started the thread has posted a few times since and has said that she didn't mean it the way it came out and that it was ' tongue in cheek'.

Good luck to you and I hope you resolve the problems and soon start to see benefits.

[BetsyB 9]

Bandwife, I'm sorry for your husband's difficulties. Like fourme mentioned, you might want to start a thread so that you get more responses--I think your topic might get buried here. You can get a LOT of great feedback. It might not always be what you want to hear, but you will get good alternative perspectives that can help you formulate your own plan.

Why don't you start a thread and tell us a little more about what is going on with your husband. When was he banded? How much fill does he have? What does he typically eat in a day, and in what quantity? How much has he lost?

It sounds as though he might need a little unfill.

Many of us do have foods we cannot tolerate--though your husband seems to have many, and lots of them are things one might expect to be able to eat after 2 years. How long has it been since he's seen his surgeon? Does his surgeon do fills under fluoroscopy?

Once he's at a good fill level, he may be far happier with the band. No, it's not guaranteed. There are people who have difficulties on an ongoing basis. And the odds of this being the case increase the longer a problem remains unaddressed. PLEASE encourage him to see his doctor---rule out problems like erosion, slippage, etc., then hit a good fill level. It may take some time and tweaking, but it may make all the difference in the world for him.

Even then, he may still have foods, like steak, that he cannot tolerate. And he may have to reluctantly accept that--and accept that his family can still eat it. But that will be far easier for him to tolerate if he's not struggling with everything he eats.

(It's also perfectly reasonable for you to remind him that soothing himself with "treats" after a stuck episode works against his band and increases his dissatisfaction with it; in this respect, he is not exercising appropriate personal responsibility. It's understandable, and I certainly am not judging. But his body would benefit more if he were to choose liquids or mushies that have nutritional benefit.)

[DizzyLizzy 21]

I can't believe how insensitive you all seem to be. I'm a new member, having joined because after 3 years, my husband's band is still causing more trouble than it's worth. Just because you've had positive experiences, isn't it possible that the original poster is legitimately unhappy, and for good reason?

We are educated people, and undertook the decision for my husband to have the surgery after much research and deliberation. While there was pre-surgical weight loss, and some post-surgical loss, he's been unable to maintain it. He vomits after most meals, even when eating foods such as salad, fish, and soft ground meat. One of you posted about steak - we haven't seen a steak here since March 2007. The whole family has given it up as he can't eat it without suffering from a horrible need to throw up after each bite. It doesn't matter how much he chews it. As a result, he feels cheated out of eating meals - once he throws up he often can't eat anything else, and resorts to "treats" afterwards.

I joined this forum to see if we could find some constructive help, but you all seem to have just "drunk the kool-aid" and are unwilling to consider that not everyone had the same good results as you. Maybe I'll look someplace else for help.

Sorry the band isn't working out so well for your husband. But, as I was told at every single pre surgery consultation, the band does not work for everyone. They even mentioned every single time that the surgery could have complications or you could even die. I don't know if all surgeons are like my and so forthcoming with all the facts at every single appointment, but all of them are required to give you that information prior to surgery and I'm pretty sure they do at some time in some form or another. Not only that, I would think that anyone considering this type of surgery would do a lot of research about the pros & cons before just lying down and letting them put the band in.

Also with this thread, a lot of the negative comments for the OP was that they were actually going to sue because it didn't work. Unless the doctor stated in writing "you will lose this much in this much time" there is no valid suit. If there is a doctor who guarantees this, please let me know so I can sign up with them!

Some lose quickly right off, some of us lose then stall, then lose. Some have major restriction and like your husband can hardly eat anything, some like me have no restriction and can eat everything. Some think your doctor should fill the band to the max so you don't have to worry about eating or counting calories or excercise, just melt away, some feel that no matter what, the band is just a tool to help and you need to count your calories and excercise. Every person and their lapband journey is different and if you will explore more of the different threads, you will see that.

As far as your husband's issue, if he is so restricted that he cannot eat, he needs to let his doctor know this and ask for an un fill and if his doctor won't do it nor address his concerns, find another doctor who will. Just like anyone you pay money to do whatever, there are many more of them out there and if the one you have won't do what you feel needs to be done for you, drop them and get someone else.

Good luck, I hope things get better.

Edited March 7, 2010 by DizzyLizzy
stupid fast fingers

[JJLaw08 4]

People sue over ANYTHING these days. You are not doing what you need to be doing. It ain't the doctor's fault!

I'm self-pay, but the first year's fills were included in the fee for the surgeon. I can get up to ten "free" I believe. Then it is $150 after that.

Edited March 7, 2010 by Jessica4Bama