Only a money grubbing lawyer who has no interest in your success would take the case. It sounds like you don't even really have a case. Nothing went wrong from what I read in your OP.
I never had any success at eating veggies or fruits post-op, no matter how much I chewed or how slow I ate. I did manage to lose about 60 pounds in the first 2 years post op before I began to have GERD like symptoms and problems eating normal Protein, etc. The band works completely differently for everyone - and some have success and others, like me, have issues.
I have had a completely different, and very scary experience myself. I am tentatively considering seeking legal counsel, but unsure at this point. I was banded in Nov. 2006. My band was placed much higher up than normal per my Surgeon's explanation. I have a 4cc band and have never managed to have more than 1.5 cc in at a time. Like many successful people here have stated, it's a TOOL. If you don't work properly with the tool, then you fail.
My chart got mixed up with someone of the same name after I got married in 2007 - and I have had test results lost, misread and have an ulcerated erosion (just found out last week) that has likely been there for at least six months. I am in constant discomfort and off/on spiking pain. I feel like the two different hospitals I go to for aftercare, completely mixed everything up, and I was even mis-diagnosed with a hiatal hernia. When, in fact, I had an ulcerated erosion beginning, which now about 1/3 of the band is protruding into the inside wall of my stomach. I'm waiting to be scheduled for removal. I plan on no further surgeries, and do not want a revision.
Buck up, spend your money on some fills, and realize this band can give you success - but only if YOU follow the rules and TRY. :frown: I sure hope you listen to people here and change your mindset. Best of luck!