Why I'm considering a lawsuit...

[loserbob 11]

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!

Not to sound mean but I dont think your going to find much support. It seems to me you didnt research. If you would have, you would understand the process. Everyone is different, you need restriction for it to work, the purpose of the "tool" is to restrict your stoma(top of stomach) so you in turn dont eat too much. Ive seen posts where some people need 1-2 fills, others need 3 or more, I believe your in bandster hell right now. Your band had little or no restriction when put in. If you havent had enough fills because of the price its not Lapbands fault. On the other side

I can see your doubdt because evidently nothing else has worked for you in the past. I say make it a priority to save to have more fills(assuming cost is holding you back) and I believe you will be happy, give it more time. This info is from 2 1/2 years of "research" only, Im not yet banded(March 10).

[loserbob 11]

Let me just say this. I know it seems like everyone is coming down hard on you. The last thing you need right now is to feel alone in this. The lack of research and funds is showing, thats why! I think if you change your mindset, become better informed about the process(its never to late to gain knowledge!)(Im curious as to where you had your procedure, it doesnt seem like they did too much to make sure you understood such a serious procedure),You'll have alot more support from this sight so you wont have to "go it alone". Most of my research over the last 2 1/2 years is from this sight and believe me it has helped me understand what to expect(doesnt mean I wont have questions or doubdts). If you need help or support getting back on track, everyone here would probably be more than happy to educate you and help you to achieve your goals. Thats the purpose of this sight, everyone here has the same goal,Health, happiness.

[loserbob 11]

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 greatly disagree with you to a certain point. Yes she evidently didnt research enough to understand. Part of the reason she said what she said. But because of her ignorance(not in a mean sense)to the procedure I believe her dr. should play a serious part in her understanding before he takes her money. Thats why I question where she had it done. My bariatric team works out of University of Pittsburgh Medical Center, one of the top bariatric programs in the country(Pioneers in latest technology). They dot their I's and cross their T's. Ive listened to procedures over the internet(what to expect before during and after) and theyre calling me and telling me I need to watch or they wont do the procedure! This is after a very informative 6 month preop program. This is one of the problems with self pay, 6 month preop testing not required. I know most people dont like it but I found it invaluable. I know she doesnt have a case and your right, this is a problem today, people too ready to sue. I say we help her change her attitude, help inform her and get her headed down the right path! Understand her anger(because she doesnt understand), she thinks its one more failed attempt and probably her final chance to lose. When in all reality shes in bandster hell and and could soon be on her way to happiness.(did I appreciate the way she came on here and blamed everyone else, no but Im willing to offer any advice and knowledge I can, as limited as it may be!

If you have any questions, Im here to help if I can. Your not alone in this! We all have the same goal!!!

[loserbob 11]

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.

Couldnt agree more, being overweight like everyone here I can see her disappointment, because of lack of knowledge, which in the end is her fault but this sight has always been one to help, not attack people.

And because of her lack of knowledge she doesnt understand its an easy fix!

[voodoo 0]

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.

"After much research and dilberation" is the key here.

My point to the OP was that he didn't do any research

and then went straight to lawsuit as a solution.

He then posted somewhere else that he was just kidding.

Come on...did he not see all the commotion here?

He could have said it in this thread and

NOT let it go ON for FIVE pages!

Is this the only thread you have read

and decided that we are all a$$holes?

If you check a few more threads you will see that

everybody here is very generous with their

positive reinforcements and knowledge.

[LeighaMason 19]

This thread should be required reading for anyone who wants to have the lap band. This is what happens when you expect to just have it installed and presto! your skinny. I think the OP feels she was lead into this with commercials that trivialized the importance of aftercare. (I wonder if this is more what she means as a basis for the lawsuit instead of a medical malpractice type lawsuit?)

The first statement in the original post is most telling:

"Had I gone on this site b4 my surgery, I would NEVER have had it!"

Lap band is not for everyone. If you are not interested in following the lap band lifestyle of eating small portions of quality food, exercising, and having regular visits with your health care team the band is not for you. This doesn't mean to give up on your weight loss journey it just means keep looking for the tool that is right for you.

[chrisdirects 0]

Greetings to all my fellow bandsters-

As of today, I am on postop day 9, and to be honest, I've been very encouraged, not only by my personal progress since I started my preop Medifast in late January, but for the kind, thoughtful, and supportive comments I've seen and received on this site so far.

Although my surgeon and his staff, including his nutritionist, his psychologist, and his surgical coordinator, provided me with a LOT of information (I actually had to take a written test at my last presurgical visit to ensure that I had reviewed the material thoroughly- the couple I missed were reviewed with the surgeon at great length, and we both signed off on them that I had a thorough understanding), I also spent HOURS on the internet, researching the various types of WLS options. I read positive posts, posts from those who inferred that I was posessed for even considering a band over other options, and everything inbetween. I underwent the surgery knowing full well that I might not end up with an "ideal" result...but with the absolute conviction that, if I didn't, it wasn't because I didn't do everything in my personal power to make it work. My surgeon made it more than clear that it would potentially take multiple fills before I would get to my "sweet spot", so I take that for granted. If it happens sooner, well, that's just icing on the cake. I also know that I will lose more slowly, and at less of a percentage of my total excess weight, than if I had chosen RNY or some other modality.

I agree that the commercials can be misleading- after all, they are there to sell the technology, just as all other commercials are- but the point is to motivate potential patients to find out more, not to buy it sight unseen. I dread the thought that someday, some unscrupulous doctor or clinic will produce a Lap-band infomercial, like they do for so many other products, just to lure people in.

If it's true what I'm reading here, that the OP posted this just to stir the pot, I'm sickened. If it's untrue, and this unhappy individual really is totally discouraged by their situation, I would like to relay my sympathy and support; I pray that I'm not ever going to find myself in their position. I would encourage you, however, with one thought that I don't think was expressed elsewhere- PLEASE DON'T COMPARE YOURSELF AND YOUR PROGRESS TO ANYONE ELSE, BANDED OR NOT! You are a unique individual, and this journey will be unique to you. Rejoice in the progress you have made so far, and get the fills that will help you get back on track.

Bandwife, I'm so sorry your husband is having trouble. I was told that steak is something that a lot of folks have trouble with. It does sound as if he's overfilled, as others have suggested. It might be worthwhile to journal what he can tolerate when you talk to your surgeon, so they're aware and can evaluate best what needs to be done. Perhaps they will order a swallow study for him, to help confirm the size of the stoma.

Sorry for the long post-

Have a good day!

Christine

[Melinco 1]

I greatly disagree with you to a certain point. Yes she evidently didnt research enough to understand. Part of the reason she said what she said. But because of her ignorance(not in a mean sense)to the procedure I believe her dr. should play a serious part in her understanding before he takes her money. Thats why I question where she had it done. My bariatric team works out of University of Pittsburgh Medical Center, one of the top bariatric programs in the country(Pioneers in latest technology). They dot their I's and cross their T's. Ive listened to procedures over the internet(what to expect before during and after) and theyre calling me and telling me I need to watch or they wont do the procedure! This is after a very informative 6 month preop program. This is one of the problems with self pay, 6 month preop testing not required. I know most people dont like it but I found it invaluable.

Just because she is self-pay please don't make her lack of research a generality for all self-payers. There are many of us who paid for this procedure ourselves, including ALL of our post surgery adjustments, who researched the heck out of what we were getting ourselves in to, because if something happens to our band, we're on the hook for the complications, not the insurane company.

[loserbob 11]

Just because she is self-pay please don't make her lack of research a generality for all self-payers. There are many of us who paid for this procedure ourselves, including ALL of our post surgery adjustments, who researched the heck out of what we were getting ourselves in to, because if something happens to our band, we're on the hook for the complications, not the insurane company.

Well kudos to you! Im glad you did your research. I dont know how you got that out of that post! (generalizing)Im thinking your fairly new to this sight(people judgeing others).

I havent seen too many people on this sight so quick to put others down. My point was, yes shes wrong to come on here with that attitude(sueing everyone), but its because she doesnt understand, somewhere along the way she was misinformed.(ultimately the dr. is doing the procedure, he should make sure she understands beforehand). It would help him be more successful also. Is it his fault, in the end no, Its up to her or him(Icant remember now)to understand whats being done to themselves. My point was, its easy to put her down and gang up on her but thats not what she needs. Instead of you being arguementative(your being like her anyway)wouldnt it be more gratifying to read her posts in the near future when shes saying how much happier her life has become now that he/she understands better because we chose not to "throw her under the bus" and instead helped her become more educated through a great support system which is what I thought this site was for! I guess for some its just easier to see it from only 1 point of view! And I do apologize to you for the "STUPID" questions I might have in the future, Ill make sure theyre not directed to you!

[Melinco 1]

Well kudos to you! Im glad you did your research. I dont know how you got that out of that post! (generalizing)Im thinking your fairly new to this sight(people judgeing others).

I havent seen too many people on this sight so quick to put others down. My point was, yes shes wrong to come on here with that attitude(sueing everyone), but its because she doesnt understand, somewhere along the way she was misinformed.(ultimately the dr. is doing the procedure, he should make sure she understands beforehand). It would help him be more successful also. Is it his fault, in the end no, Its up to her or him(Icant remember now)to understand whats being done to themselves. My point was, its easy to put her down and gang up on her but thats not what she needs. Instead of you being arguementative(your being like her anyway)wouldnt it be more gratifying to read her posts in the near future when shes saying how much happier her life has become now that he/she understands better because we chose not to "throw her under the bus" and instead helped her become more educated through a great support system which is what I thought this site was for! I guess for some its just easier to see it from only 1 point of view! And I do apologize to you for the "STUPID" questions I might have in the future, Ill make sure theyre not directed to you!

I didn't throw her under the bus. In fact, I didn't even address her issue as plenty of others did. My issue was with what you said that because your insurance required you to do a 6 month pre op program that you must be more informed than those of us who didn't. That's the generalization that I read from your original post. Just because I pointed this out, does't mean I'm putting you down or judging you.

And by the way, I don't think any question is stupid, except for those that don't get asked, because then they don't get the chance of being answered.

Best of luck with your journey.

[bella71 0]

Wow, this has been quite some thread! I can understand the frustration of spending thousands of dollars on WLS and then not having it meet your expectations at first. I think the problem is that getting banded ultimately changes your body AND mind, but not simultaneously. Your head needs to be in the right place for the band to work, or you are wasting your money. Having realistic expectations is a big part of that.

Perhaps those who market the band do play a part in making people expect things unrealistically, but that is certainly not a basis for a lawsuit against your surgeon. Unless he/she departed from the standard of care, your surgeon did nothing wrong. You have to do your part. What that means has been well documented in this thread.

No one should be judging you here on LBT, of all places! We have ALL struggled with food and weight in serious ways, or we would not be here in the first place. We need to support each other to help each of us maximize our results.

I have a theory about why the band is effective for some more than others. If you are a "grazer" and snack on high fat/high carb junk food during the day, then the band will not be effective for you until you change your eating habits to somehting more structured. On the other hand, if you are a "big eater" and typically go for seconds (and thirds) during meals, then the band is right up your alley! The band forces you to minimize your portions, so "big eater" problem solved.

That is why I think you are struggling so much. You are probably a "grazer". If so, then changing your eating behavior (in terms of content as well as volume), will go a long way toward your weight loss success. Save your money and get rid of Jenny Craig. I do not know of anyone who has had long term success with that plan. Use that money to save for a fill and get some restriction. :smile2:

Best of luck. I am pulling for you!

[DizzyLizzy 21]

Someone said that the doctor should have made sure she was well informed before he took her money....I'm sure he did as best he could. People can read or listen to info and regurgitate that info back or nod yes or no as if they understand, but they really don't. No one is a mind reader. If I wanted to, I could have glazed over the info my doctor gave me, said, oh yeah, I get it, answered all the questions correctly, and on with my surgery, even if I fully didn't grasp it. Why do you think there are so many lawsuits in the first place, people get licenses, degrees, etc because they passed the test, doesn't mean they fully grasped the concepts!

And, even though I did really understand it, I still had higher expectations, which can play tricks on your mind, and for those who can't snap out of it, it a downward spiral to the "whoa is me, this isn't working" and we have to blame somebody, but hardly anyone wants to blame themselves.

In the OP's case and bandwife's husband's case, it seems that there is miscommunication between them and their surgeon on how to get them where they need to be and/or lack of effort to make sure things that need to get done, like fills or unfills, get done.

In the end, it is your responsibility to do the research, get the understanding, and after surgery do the work to make it work!

[loserbob 11]

Melinco, I was haveing a bad morning. For some reason i woke up in an arguementative mood(i will accept the blame! No actually Ill blame me starting liquid diet yesterday, haha). Actually my point was that this is probably part of the reason insurance companies require the preop programs. Actually Ive been on this sight going on 3 years and never heard of anybody not being well informed this far into it. By the way, do you think I could sue equate weightloss shake company because Im so miserable since chooseing their product for my liquid diet? They promoted it very wellbut didnt explain the fact I would be miserable? None of that was worded right. What I meant was, I wasnt saying people who self pay arent well informed. Ok I guess the mood is staying with me Im getting pi$$ed that I even have to explain it to you. Interprate it however you like. When in the %$^& did I generalize about self payers? I even went as far to say"My knowledge is limited because I havent had mine yet, but I will help in any way I can. Quit makeing it about you. You where very knowledgeabl I get, good for you. Is that what you want to hear? Why dont you quit being so sensitive and think about how you can help!

[Jachut 487]

Bandwife, I dont think anyone is insensitive, so much as pointing out the obvious - that information was freely available to all of us. If we didnt know that vomiting often was a possibility, if we didnt know that there was a possibility of never being able to eat steak or bread again, then we SHOULD have. It is not hard information to find. Doctors should make it clearer, but as with any surgery, patients have a responsibility to inform themselves too. You say you are educated people, nobody is disputing that, but if your husband honestly didnt know that he may never eat steak again, then to be blunt, he hasnt completely researched the procedure. It is basic information.

Its the tone of the thread and the lack of taking any responsibility which has led to the tone of the replies. Check out some other threads and post your question the right way and you will receive tons of support and sympathy. Everyone here knows the story of band problems, not everyone has suffered them but we've all been here to give advice to those who have, you wont find yourself being lectured or scoffed at -unless you choose to post something along the lines of "this band isnt working, who can i sue, who can I blame?".

[loserbob 11]

Bandwife, I dont think anyone is insensitive, so much as pointing out the obvious - that information was freely available to all of us. If we didnt know that vomiting often was a possibility, if we didnt know that there was a possibility of never being able to eat steak or bread again, then we SHOULD have. It is not hard information to find. Doctors should make it clearer, but as with any surgery, patients have a responsibility to inform themselves too. You say you are educated people, nobody is disputing that, but if your husband honestly didnt know that he may never eat steak again, then to be blunt, he hasnt completely researched the procedure. It is basic information.

Its the tone of the thread and the lack of taking any responsibility which has led to the tone of the replies. Check out some other threads and post your question the right way and you will receive tons of support and sympathy. Everyone here knows the story of band problems, not everyone has suffered them but we've all been here to give advice to those who have, you wont find yourself being lectured or scoffed at -unless you choose to post something along the lines of "this band isnt working, who can i sue, who can I blame?".

That was right on!