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Anyone had to deal with the band system in a leagal way?

I have had more than one problem with the tube comming apart from the port. There was a recall on the realize bands for this exact reason. Iv talked to lawers, but no one thinks they can help me. Im sure something can be done, right? Its their fault, not mine or the doctors. Just wondering if anyone has to deal with the leagal part of them?

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No problems at all. Why is it the first thing people think of is a lawyer!!!!??? Unless you are seriously hurt or in terrible pain I don't see a need to sue~!

I have not either. But I think my band is leaking. Matter of fact it is the only logical explanation since I have waaayyyyyy less in it now than I did a year ago. Is there no warranty? I was wondering about the same type things you are. Hope someone has some answers.

Why would you need to sue? We are all told several things (slip, flip, erosion) that can happen before surgery. If you can eat more or easier than before it happens- stretching and such. This society is way too quick to want to sue

A malfunction from the factory should not cost us. Slippage, erosion, etc are things we were warned about. But faulty equipement is not the same thing in my opinion. I am not wanting to sue. Just hoping they will pick up the cost if it is due to equipement being faulty.

I am sure if the band manufacturer is aware of a problem that they would take care of it

  • Author

No problems at all. Why is it the first thing people think of is a lawyer!!!!??? Unless you are seriously hurt or in terrible pain I don't see a need to sue~!

I am in serious pain, severe as a matter of fact! Im not one who would just sue. This is a manufacturer problem, and they dont want to pay for the repair, and this will be my 2nd repair!!!

You have no clue what iv been thru, the pain, the job loss, not being able to play with my kids...

I knew the risks. This is a faulty band, one that has been recalled for the exact reason thats causing my problems. So im not out to sue for the heck of it. You may want think before you type!

  • Author

I have not either. But I think my band is leaking. Matter of fact it is the only logical explanation since I have waaayyyyyy less in it now than I did a year ago. Is there no warranty? I was wondering about the same type things you are. Hope someone has some answers.

I really hope you get the answers you are looking for. Good luck

  • Author

Why would you need to sue? We are all told several things (slip, flip, erosion) that can happen before surgery. If you can eat more or easier than before it happens- stretching and such. This society is way too quick to want to sue

Im not JUST wanting to sue. Why would I need to sue you asked, well, here is why..

My band brand was recalled because the tube came apart from the port very easy. Well, that is exactly what has happend to me, not once, but twice now. We have contacted the manufacturer, and they dont feel its their fault and wont pay for my next surgery!

This whole time, iv been in severe pain because of the pain the tube is causing in my stomach.I knew the risks of the band. This is a diff problem. So im not part of your "society" who just want to sue for the heck of it. I think they should pay for my repairs and they dont, so im taking it to the next step!!!

  • Author

A malfunction from the factory should not cost us. Slippage, erosion, etc are things we were warned about. But faulty equipement is not the same thing in my opinion. I am not wanting to sue. Just hoping they will pick up the cost if it is due to equipement being faulty.

Y ou are right, thats what im getting at. I knew the risks, but this is the manufacturer fault!!! They should pay to fix it, this will be my 2nd repair. Im hoping to get a new band altogether cause this one has came apart from the port twice now. I think a new one is needed. They even recalled some of the bands for this reason, yet they still say its not their place to pay for the surgery and new band! Iv never even talked to a lawer before. I feel strong about this and people can think im being a brat all they want.

All i want is for them to pick up the cost because IT IS due to a faulty.band

If it was a known manufacturer problem then why stay with Realize and not go with lapband or sleeve? I wasn't trying to offend so jumping all over me is uncalled for. If you are in that much pain- have it removed

  • Author

I am sure if the band manufacturer is aware of a problem that they would take care of it

My tube has came apart from my port twice now. I know they had a recall on my brand of bands also.

The manufacturer does know and they said they wont take care of it, its not their problem.

I guess that is corporate America for you - they don't want to accept responsibility for their action - I would check around on the 'net (not just here) for people with similar probs and see how they remedied it

  • Author

I guess that is corporate America for you - they don't want to accept responsibility for their action - I would check around on the 'net (not just here) for people with similar probs and see how they remedied it

well, thank you for understanding :)

some of the other ppl on here thinks im a bad person for turing to the courts for help. if it was a risk related to the band like were told, it that would be one thing, but this is totaly dif.

  • Author

If it was a known manufacturer problem then why stay with Realize and not go with lapband or sleeve? I wasn't trying to offend so jumping all over me is uncalled for. If you are in that much pain- have it removed

I got offended because of the way you made it sound like it was me wanting to sue.

Im going with lapband instead of realize. I am in pain, but I need this to help me get rid of the weight. If I take it out, which may later have to be done, it will all have been for nothing!!!!!

Due to the problem, it is a faulity band and its the manufactures fault. I think they should pay for the surgery and they dont?

I was just reading information about the recall, and it was from October, but it looks like at the time they said there had been no incidents of bands needing to be removed because of the tube sheath recall. And I went to the direct link on their website but it's gone and searching for recall gets me nowhere. Hmm.

Have you talked to the company directly? In your case I would certainly be looking into pursuing legal action. They KNOW there's a problem, they've made media statements, it's ridiculous that they wouldn't pay to give you a new band. I will say though... I can't imagine them agreeing to pay for you to get a LapBand. If they paid, they'd probably only give you another Realize.

(This is the recall that the OP is referring to, for anyone interested- I highlighted in red)

Post Date: 10/20/10 7:08 pm

VOLUNTARY RECALL OF REALIZE® ADJUSTABLE GASTRIC BAND

CINCINNATI - October 13, 2010 - Obtech Medical Sàrl, a medical device manufacturer, and Ethicon Endo-Surgery (EES), in cooperation with the U.S. food and Drug Administration (FDA), have initiated a voluntary worldwide recall of existing inventory of adjustable gastric band systems sold under the brand name: REALIZE® Adjustable Gastric Bands. There is no action required for patients who already have received these gastric bands, and removal (explantation) of the gastric band is not required.

The voluntary recall was undertaken due to reports of the potential for the Tubing Strain Relief, a small (2 centimeter) flexible sheath on the band's Injection Port, to slide out of its intended position. In these rare cases, the Tubing Strain Relief may slide along the catheter tubing that connects to the Injection Port. If this happens, the Tubing Strain Relief can no longer aid in preventing kinking where the tubing connects to the port. The Tubing Strain Relief was an enhancement made to the gastric band system to address tube kinking, a complication common to all gastric bands.

Movement of the Tubing Strain Relief is highly unlikely to cause any serious injury or adverse health consequences and it rarely affects the band's function. In the extremely rare instance when tube kinking occurs at the Injection Port, the physician might be unable to adjust Fluid volume within the gastric band, which may require additional surgery to correct. The reported incidence of the Tubing Strain Relief sliding out of its intended position is less than 1 in 1,000. The reported incidence of tube kinking at the port related to the Tubing Strain Relief sliding out of position is 1 in 10,000. There have been no reported cases of gastric band removal due to the Tubing Strain Relief sliding out of position.

As part of our ongoing commitment to improve the safety and effectiveness of the band, EES identified this issue as part of the company's continuous improvement program and developed an enhanced design of the component that was approved by the FDA. Hospitals and clinics will receive the enhanced replacement product upon returning the recalled product. All new orders will receive the updated product.

About the Realize® Adjustable Gastric Band

The Realize® Adjustable Gastric Band is used in one type of weight-loss surgery. It contains two main components: the first is a fluid-filled balloon that is placed around the stomach; the second is an injection port to adjust the degree of fluid in the band. Thin flexible tubing connects these two main components. The recall involves an ancillary component called the Tubing Strain Relief.

If surgeons or patients have any additional questions, they may call our Customer Support Center at 1-866-REALIZE (1-866-732-5493) for more information.

About Ethicon Endo-Surgery

Ethicon Endo-Surgery develops and markets advanced medical devices for minimally invasive and open surgical procedures, focusing on procedure-enabling devices for the interventional diagnosis and treatment of conditions in general and bariatric surgery, as well as gastrointestinal health, gynecology and surgical oncology. More information can be found at www.ethiconendosurgery

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