Question about legal action against manufacturer

[lotzasunshine 2]

I want to preface by saying that this is not about my Dr., but about the manufacturer of my band.

Now to start my story. I was banded in July 08 and did very well for the first year. I lost about 65 lbs and am very happy with my band experience. I lost my Father to cancer in April 09 and became too tight. I tried to deal with it. But my husband also lost his job, so I had to wait for money to get a flight to Denver to get an unfill (I only see my surgeons office for fills because it costs about the same to get a plane ticket and go to his office as it is to get a fill here). So I went in for an unfill in October and it helped immensely. I returned in January to get another fill, and hadn't gained, but had lost a little. By April I had the feeling I needed another fill, so I got one.

3 days later I felt NO restriction. I made another appointment and flew out to figure out what was going wrong. My Surgeon pulled out the saline and there was only 1.2cc's (supposed to be 6.4) So he determined I had a leak. So I schedule a port replacement at my surgeons urging. I had gained 20 lbs by the time I had my replacement. My surgeon discovered that my tubing had eroded causing a 1/8 inch tear.

He informed me that I was the 4th case he had been involved with that had this problem. Always in the same place in the tubing and is a manufacturers defect. He also informed me that he will be talking with the manufacturers of my band about their financial responsibility for the cost of the parts and the replacement surgery. I feel that is completely appropriate. They have damaged his reputation with their faulty product.

What I want to know is, should I go after them for the cost of the flights, hotel, medications, weight gain, physical toll, emotional damage? Or do you think I am making too much out of this? I am obviously new to this and would love some constructive input.

[Humming Bird 275]

I'm not sure what advise to give. It's worth giving thought to. They are a very large company and will have good lawyers.

[Ninababy 5]

Was this Allergan? Lap band or the Realize Band

[lotzasunshine 2]

Was this Allergan? LAP-BAND® or the Realize Band

I thought it would be better not to mention the exact band, as I don't want to cause problems. But I might after I figure out what I'm going to do.

[bmooney364 30]

I think I would be talking with an attorney for advice on this matter. Good luck.