QUESTION
Am I able to sue Allergan over defective lap band?
Asked on Dec 29th, 2012 on Medical Malpractice - Utah
More details to this question:
I had a CT scan due to the amount of pain I have been in and to find out where my lap band has been leaking. The hospital and my doctor both told me that the tube disconnected from the port which is a manufacturers defect. Allergan is advising my doctors office they will only reimburse me for the defective items, not the cost of the surgery, my er visits and time off of work. I am constantly in pain as the tube is freely floating around my insides. I can't afford all of this excess expense due to this second surgery.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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If your physician is advising that the band was defective, then you should contact a medical malpractice attorney who does products liability work. If you pursue an action against Allergan, they will take the position that the doctor negligently installed the band, so you will likely have to sue the doctor and the manufacturer.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Dec 29th, 2012 at 10:34 AM