K&F’s first post-pandemic jury trial resulted in a $10.6 million verdict for the widow of a mesothelioma victim.

Lap Band manufacturer named in product liability claim

A childless couple blames Allergan Inc. for ruining all of the progress that they had made with fertility treatments. Allergan is now named as a defendant in a civil suit concerning the alleged defective product that led to the woman’s injuries. Although the injury did occur in a medical setting, the defective product was the cause of the injury and not medical professionals or the hospital, making a product liability claim the most appropriate course of action for those in Ohio who have suffered from a similar incident. 

Before undergoing fertility treatments, the victim underwent a Lap Band surgery in 2010. While Lap Band surgeries are intended to help individuals lose weight, the woman instead experienced unexplained weight gain. She also suffered from pain related to the procedure.

When she returned to her doctor in 2014 complaining of the side effects, she had to undergo a secondary procedure. Leading up to the surgery she was required to submit to multiple X-rays, which meant that she had to discontinue the fertility treatments that she had been receiving for over a year. When her doctor went into the second surgery, he discovered that the Lap Band she had was defective and likely the cause of continued pain and weight gain.

Unable to continue the fertility treatments due to financial restraints, the victim and her husband filed a product liability suit against Allergan for the alleged reckless manufacturing of her Lap Band. Damages for which they are seeking compensation include mental anguish, related medical bills and lost wages. They also believe that the company violated the manufacturing requirements required by the FDA, a serious accusation that could affect people throughout the country, including many in Ohio.

Source: wwltv.com, “Thibodaux couple sue over lap band surgery”, Bridget Mire, May 26, 2015

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