If I had lapband surgery but it had to be removed just months later, can I get any of my money back?

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If I had lapband surgery but it had to be removed just months later, can I get any of my money back?

The doctor told me that the lap band had to come out because it either got infected or it slipped; he didn’t know what happened. I disputed the charges with the credit compan, but they came back saying the charges were valid. However, I have no lapband now and I’m still paying for it. I was self pay and had to take out a loan to pay for the surgery.

Asked on June 14, 2012 under Bankruptcy Law, Florida

Answers:

Jonathan Pollard / Pollard LLC

Answered 9 years ago | Contributor

Possibly.  Over the past several years, there have been a number of lawsuits based on lap-band surgery.  Most of these cases involve allegatiions that the lapband was negligently installed; that the facility did not have adequate sterilization; that the doctor/center mislead the patient about the procedure/risks/etc.  In addition to private lawsuits, the FDA has also sent warning letters to a number of lap-band surgery centers.  In short, the FDA has concluded that some of these surgical centers mislead patients about the risks of such surgeries or simply failed to warn them at all. 

So could you get your money back?  Possibly.  But it is highly unlikely that you could simply write a letter and demand a refund.  You would probably have to find a lawyer and file a lawsuit. 


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