Jump to content
×
Are you looking for the BariatricPal Store? Go now!

Why I'm considering a lawsuit...



Recommended Posts

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!

Share this post


Link to post
Share on other sites

Sorry the band hasn't worked out for you, I love mine. Has changed my life! Almost 100 pounds down!

Share this post


Link to post
Share on other sites

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 there. I can totally understand your frustrations. But here is the thing. You need restriction to feel full. You clearly are not restricted. I am self pay, and so I have to pay $250 every time I need a fill, and so I haven't had one since April of last year. For the last six months, I have not been restricted, but I continue to eat correctly and exercise. As you can see from my signature and ticker, I have been pretty successful.

The band is a tool, not a magic thing. You need restriction for it to do its job.

That being said, you need calories in to burn, you may not be eating enough.

I don't know what biological issues you are referring to. Some explanation would be nice. I haven't had any.

I have a 14cc band, with 9 ccs in it. 1.5 is not nearly enough.

You went into the surgery thinking it wouldn't work. That attitude might be what is sabotaging you. Why did you do it if you thought that?

Good luck finding peace with this.

Share this post


Link to post
Share on other sites

I have not read anywhere that this is a cure all. In fact I have been told you have to work with your doctors constituently and keep up your fills. It usually takes 5-6 fills to find your sweet spot. If you didn’t have the money to maintain this maybe you should have thought about that before having the surgery.

Also if you are a snacker and someone that has no control this is NOT a tool for you. I was told from the get go that if you want you can get around the band by eating candy and chips and drinking liquids when you’re not supposed to…. everything will just slide thru.

  1. Eat only three small meals a day
  2. Eat slowly and chew thoroughly (15-20 times a bite)
  3. Stop eating as soon as you feel full
  4. Do not drink while you are eating or an hour before or after
  5. Do not eat between meals
  6. Eat only good quality food
  7. Avoid fibrous food
  8. Drink enough fluids during the day
  9. Drink only low-calorie fluids
  10. Exercise at least 30 minutes a day

Sorry if this came off rude but I’m just trying to be straight with you.

Share this post


Link to post
Share on other sites

Kirafiki, you make very good points!

rlynne, while you work at getting the money together for another fill, working another program cannot hurt. Kirafiki is right on the money in regards to the band not working at it's optimum level without being properly filled.

Being banded without being filled, is like buying a brand new car, and then it has to sit in the driveway because you have no money for gas or insurance....it still could be a great car! If you let the finance company repo it without ever fueling it and driving it, you will never know how great the car might have handled, or what kind of attention you would have drawn as you drove it down the road. And that is not the fault of the car----it cannot fuel itself. Nor is it the fault of the dealership (or the Dr. in this case) for you buying a car (or a band) without the means of fueling (filling) it.

Take a few months and work whatever eating plan and or exercise plan you can, and try to gather the money to add to your fill. If after you have reached restriction, you still feel the band is not working for you, then at least you give it a fair shot.

Good Luck to you.

Share this post


Link to post
Share on other sites

Came out of surgery and didn't feel hungry for 2 weeks, then the swelling went down and I could eat a horse!! Low fat one of course!! 3 fills before I had good restriction and the hunger disappeared.

I can tell when I need to have a top up because I think about eating before 1pm. Cancelled my last appointment as I didn't need it, hanging out for my next one now!!

If you have no restriction you should be using the time until you do to alter any bad eating habits you have one at a time. If you eat enough of the right stuff your hunger will be sated and your health improved.

Eating too little will just slow your metabolic rate and make the situation worse...hunger is your body asking for food...but it is asking for good food, not crap.

Fills have to be done slowly for you to adjust to it. You need a little bit of patience and application.

A poor workman always blames his tools!!

Share this post


Link to post
Share on other sites

There is a lot of aftercare with the band. You probably would have been better served with the sleeve due to your lack of funds after surgery.

You havent really mentioned any type of malpractice or fraud on the doctors part, cant see a lawyer taking your case for free so you will be out money you could use for fills.

Why not just pay for a fill or two and in the mean time, read the materials they gave you and work the program. It has only been a few months.

Whatever you decide, wish you nothing but the best.

Share this post


Link to post
Share on other sites

Save the money you would spend on Medifast and put it towards getting your band filled. You are jumping ship on the band much too prematurely. Almost nobody has restriction at 1.5cc. If you want the best chance to lose weight permanently, find a way to get it filled, be patient, and follow the rules. Jenny Craig and Medifast may be faster at losing weight initially, but there is less than a 5% chance you would keep it off.

Share this post


Link to post
Share on other sites

I understand how frustratdd you must be. The bottom line here is, if you don't have restriction your band is not useful. I would suggest that the next time you have money for a fill you get a GOOD one.

One of the requirements by my insurance was that I see a therapist so that I understood exactly what I was getting into. I started seeing a therapist 8 months before I had my surgery. I continue to see my therapist twice a month. I chose an obesity specialist. It was a good thing I did because my weight loss is slower than most, but when the weight comes off -- it stays off! Had I not been in therapy I would have let the slowness of my personal process get me down. Thanks to my time in therapy I focus on my progress. FOR ME therapy has been very helpful.

I hope you don't give up and that you are able to get enough restriction to have a "working band". If you are already eating right and exercising, once you have restriction you will have great success!

Good luck!

Share this post


Link to post
Share on other sites

Why would you consider a lawsuit? It's up to you to research the surgery before you have it and to satisfy yourself that it is the right thing for you personally. Maybe this is another self sabotage in that you are blaming others because you are having difficulty in fully committing to this. I'm not trying to judge you or be unkind but I think that you made the decision to do this so why not give it all you've got, save for the fills and see if it works. This might be the last bit of resistance that you need to break down. Good luck with it all.

Share this post


Link to post
Share on other sites

I wouldnt waste any more money on a law suit cuz ya wont win. You havent even done anything to make the band work. It took me 6 fills to reach restriction but I knew it would because I did my research. Once I got it I thought this must be heavan. This band is working ! Ya the band is pretty much useless if ya dont have enouph fill in it. Save some money and get a fill.

Share this post


Link to post
Share on other sites

To be honest, you just don't have a case. Save the money you'd waste on a lawyer and get your fills instead. At 1.5cc, all you have is a little piece of plastic inside of you but it's not doing anything. It's not the fault of the doctor that you aren't getting your fills.

.

Share this post


Link to post
Share on other sites

I am just curious what research you did (b4 this site)?

Share this post


Link to post
Share on other sites

You won't win a lawsuit because you show lack of commitment. It's not working for you because you have no faith in it. You're probably overeating and not following the rules. You've only had one fill, and you are not restricted. You need to have more than one fill. If you really want something, you would save up your money. What insurance does not pick up, I will pay for myself ($2,050). I don't have that kind of money coming out of my butt, so I have to work extra shifts (Yesterday I did a 12 hour shift pretty much on my feet the whole time) and I have been saving. There aren't any specialized foods. With Jenny Craig they give you "specialized" foods. You need to eat healthy. Instead of a Big Mac... eat a turkey burger without the bun. Is that hard? Probably not... You don't seem committed and you just want to place the blame on someone else.

Share this post


Link to post
Share on other sites

Based on your post above, you may even be suffering from depression. Most of us have had it at one time or another, and for me, it does lead to weight gain. Perhaps talk to your doc about the possibility....

Good luck, if you can improve your outlook on life, your weight loss will continue.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Trending Products

  • Trending Topics

  • Recent Status Updates

    • cryoder22

      Day 1 of pre-op liquid diet (3 weeks) and I'm having a hard time already. I feel hungry and just want to eat. I got the protein and supplements recommend by my program and having a hard time getting 1 down. My doctor / nutritionist has me on the following:
      1 protein shake (bariatric advantage chocolate) with 8 oz of fat free milk 1 snack = 1 unjury protein shake (root beer) 1 protein shake (bariatric advantage orange cream) 1 snack = 1 unjury protein bar 1 protein shake (bariatric advantace orange cream or chocolate) 1 snack = 1 unjury protein soup (chicken) 3 servings of sugar free jello and popsicles throughout the day. 64 oz of water (I have flavor packets). Hot tea and coffee with splenda has been approved as well. Does anyone recommend anything for the next 3 weeks?
      · 0 replies
      1. This update has no replies.
    • buildabetteranna

      I have my final approval from my insurance, only thing holding up things is one last x-ray needed, which I have scheduled for the fourth of next month, which is my birthday.

      · 0 replies
      1. This update has no replies.
    • BetterLeah

      Woohoo! I have 7 more days till surgery, So far I am already down a total of 20lbs since I started this journey. 
      · 1 reply
      1. NeonRaven8919

        Well done! I'm 9 days away from surgery! Keep us updated!

    • Ladiva04

      Hello,
      I had my surgery on the 25th of June of this year. Starting off at 117 kilos.😒
      · 1 reply
      1. NeonRaven8919

        Congrats on the surgery!

    • Sandra Austin Tx

      I’m 6 days post op as of today. I had the gastric bypass 
      · 0 replies
      1. This update has no replies.
  • Recent Topics

  • Hot Products

  • Sign Up For
    Our Newsletter

    Follow us for the latest news
    and special product offers!
  • Together, we have lost...
      lbs

    PatchAid Vitamin Patches

    ×