Nationwide Bariatric Surgery Lawsuit Overview
Bariatric surgery lawsuits primarily focus on complications caused by defective surgical staples and staplers manufactured by Ethicon and US Surgical, which provide nearly 100% of all surgical staplers for bariatric surgery nationwide.
At least 9,000 reports about complications from these devices have been made to the FDA, along with approximately 100 reports of deaths associated with the staples and staplers. The main allegations involve staples not closing properly or staplers failing to puncture tissue completely, leading to life-threatening complications.
Latest Nationwide Bariatric Surgery Lawsuit Updates
May 2007 – A jury found that a woman's death was caused by a defective surgical stapler and awarded the victim's family $5 million [1].
To date, the FDA has received reports of approximately 100 deaths related to surgical staplers. In addition, they have received approximately 9,000 reports of “adverse events”, including injuries and complications from surgical staples and the stapler unit itself.
Learn More: Defective Surgical Staplers Lawsuit
Bariatric Surgery Injuries & Side Effects
Bariatric surgery complications can be severe, especially when related to defective surgical staples or staplers.
- Leakage: Stomach fluid leaking into the abdominal cavity, causing life-threatening complications
- Incisional hernias: Occurring at the surgical site, requiring additional surgery
- Infections: Post-surgical infections that may require treatment
- Nutritional blockage: Surgery working too well and blocking too many calories and nutrients
- Hospitalization: Many complications require emergency medical treatment within six months of surgery
Do You Qualify for a Nationwide Bariatric Surgery Lawsuit?
You may qualify for a bariatric surgery lawsuit if:
- You underwent bariatric surgery.
- You experienced serious complications related to surgical staples or staplers.
- The complications required medical treatment or hospitalization.
- You can provide medical documentation linking your injuries to defective surgical staples or staplers.
Evidence Required for a Nationwide Bariatric Surgery Lawsuit
- Medical records documenting your bariatric surgery
- Documentation of complications experienced after surgery
- Medical records linking complications to staple or stapler failure
- Evidence of additional treatment or hospitalization required
Damages You Can Recover
- Medical expenses for additional treatments
- Hospitalization costs
- Pain and suffering
- Lost wages during recovery
- Compensation for permanent disability or disfigurement
- In cases of death, compensation for surviving family members
Statute of Limitations for Nationwide Bariatric Surgery Lawsuits
If you experienced complications after bariatric surgery due to defective surgical staples or staplers, it's important to be aware that there are time limits for filing a lawsuit. These time limits vary by state but typically range from 1-3 years from the date of injury or from when you discovered the injury was caused by a defective product.
Failing to file within the statute of limitations period can result in losing your right to pursue compensation. Because these timeframes can be complex and vary based on your specific situation, it's advisable to consult with an attorney as soon as possible after experiencing complications.
Defective Surgical Stapler Information
The primary complications with surgical staplers in bariatric surgeries, such as bleeding and leakage, occur under conditions such as [2]:
- Staples do not close completely
- Staplers fail to puncture completely through the tissue
- The surgical site leaks, allowing stomach fluid to flow into the abdominal cavity
These issues have been reported with products manufactured by two major suppliers:
- Ethicon
- US Surgical
See all medical devices claims our lawyers have covered.
FAQs
1. What is bariatric surgery?
Bariatric surgery refers to a group of surgical procedures that assist an individual in losing weight rapidly by modifying the gastrointestinal tract. It's intended for individuals who are obese and have been unable to lose weight through diet modification and exercise.
2. What are the common types of bariatric surgery?
The common types of bariatric surgery include gastric bypass, sleeve gastrectomy, adjustable gastric banding (Lap-Band), and biliopancreatic diversion with duodenal switch (BPD/DS). Each type has different methods and benefits.
3. Which bariatric surgery has the highest failure rate?
The bariatric surgery with the highest failure rate is gastric band surgery. An early 2014 study revealed that approximately 31% of individuals did not achieve significant weight loss, and an additional 13% required band removal.
4. Who is a candidate for bariatric surgery?
Individuals with a body mass index (BMI) of 40 or higher or those with a BMI of 35 or higher who also have obesity-related health conditions such as diabetes or hypertension are candidates for bariatric surgery.
5. What are the potential risks and complications of bariatric surgery?
The potential risks and complications of bariatric surgery include infection, bleeding, blood clots, digestive issues, nutritional deficiencies, and, in rare cases, death. About 40% of individuals who undergo bariatric surgery experience some form of complication.
6. How long is the recovery period after bariatric surgery?
The recovery period after bariatric surgery depends on the type of surgery and individual health factors. Typically, patients may need 1-2 weeks of downtime before resuming normal activities, with a full recovery period extending over several months.
7. What kind of lifestyle changes are required after bariatric surgery?
Lifestyle changes that are required after bariatric surgery include adopting a healthy diet, engaging in regular physical activity, and attending follow-up appointments to monitor progress and manage any potential issues.
8. How much weight can I expect to lose after bariatric surgery?
Weight loss results vary by individual and type of surgery. On average, patients can expect to lose between 50% to 75% of their excess weight within the first 1-2 years after surgery, depending on adherence to recommended lifestyle changes.
Get a Free Nationwide Bariatric Surgery Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for complications related to other defective medical devices. These cases are subject to statutes of limitations that vary by state.
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- Free, confidential consultations.
- No upfront costs or fees.
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References
- https://archive.triblive.com/news/5m-awarded-in-wrongful-death-suit-in-mckeesport/
- https://pmc.ncbi.nlm.nih.gov/articles/PMC5759613/