Legal scrutiny of the Allergan Lap Band has developed over more than a decade, driven by a growing body of patient complaints, regulatory concern, and government investigation. Understanding the general arc of that history can help potential claimants put their own experiences in context.
Early federal regulatory attention focused on Allergan’s marketing and manufacturing practices. Government investigators alleged that between 2008 and 2010, Allergan knowingly sold Lap Band devices with defective access ports while misrepresenting the cause of those defects to both the public and the FDA. Allergan was also alleged to have marketed the device for procedures not approved by the FDA during a similar period. Those matters were resolved when Allergan agreed to pay $3.5 million to settle whistleblower allegations brought under federal law (though the company did not admit liability as part of that resolution).
Regulatory scrutiny continued in the years that followed. The FDA raised concerns about how clinics were disclosing Lap Band risks in direct-to-consumer advertising, and the Department of Health and Human Services Inspector General issued a subpoena to Allergan related to device complications. Meanwhile, published medical research began documenting high rates of device failure and removal, adding scientific weight to patients’ claims that the risks associated with the Lap Band had been understated.
A notable ownership change also occurred during this period: Allergan sold its Lap Band business to Apollo Endosurgery in 2013. Depending on when a patient received their device and when complications arose, this ownership history may affect which entity bears legal responsibility — an important factor that an attorney can help evaluate on a case-by-case basis.
Individual product liability lawsuits against Allergan have been filed in various jurisdictions, with plaintiffs alleging defective design, failure to warn, and negligent marketing. While the Lap Band litigation has not been consolidated into a single nationwide class action or multidistrict litigation proceeding in the way some other mass tort cases have, attorneys across the country continue to evaluate and file individual claims on behalf of patients who suffered serious complications.
Because statutes of limitations vary by state and can be triggered by different events — such as the date a complication was diagnosed or the date a removal surgery was performed — the window to file a Lap Band lawsuit may be narrower than some patients realize. Therefore, prompt legal evaluation by an Allergan Lap Band lawsuit attorney in Memphis is important.
How GKBM Handles Lap Band Referrals
At Gatti, Keltner, Bienvenu & Montesi, we are committed to making sure every potential Lap Band claimant gets connected with the right legal representation, even when a case falls outside our direct litigation practice. Allergan Lap Band cases, like many complex mass tort and class action matters, are handled in coordination with a network of experienced co-counsel and referring attorneys who specialize in this type of national litigation.
When you contact our firm, we will evaluate your situation and, where appropriate, refer your case to a trusted legal partner with the specific resources and infrastructure required to pursue Lap Band lawsuit claims at the national level. This referral process costs you nothing and does not affect the contingency fee arrangement — you still pay nothing unless your case results in a recovery.
Our role in the referral process is not passive. We serve as an advocate for our clients throughout, ensuring that the attorneys handling your case are qualified, communicative, and committed to pursuing maximum compensation on your behalf. We believe that every person harmed by a defective medical device deserves skilled representation, and we take that responsibility seriously whether we are litigating the case directly or connecting you with someone who is.
If you or someone you know experienced complications following Lap Band surgery, reach out to our Memphis lawyer today for a free case evaluation.
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