Blog

Lap-Band Surgery Lawsuit

Photo of Randy Sorrels

The Los Angeles Times is reporting that Michele Pelter has filed suit against 1-800-GET-THIN (a marketing firm) and the health care providers who performed a 2011 Lap-Band surgery on her sister, Paula Rojeski. Rojeski was 55 years old when went in for the Lap-Band procedure in September 2011 at Valley Surgical Center. This is a West Hills, California clinic that is affiliated with the 1-800-GET-THIN advertising campaign. In one of her allegations against the marketing company, Pelter alleges they failed to warn her sister about the risks of Lap-Band surgery and neglected to recommend alternatives to her. This company promotes the surgery on billboards, as well as on television and radio. In their marketing campaign, they use the catchy jingle, "Let your life begin, call 1-800-GET-THIN."

In addition to suing the marketing firm, Pelter has accused the anesthesiologist of waiting 15 minutes before advising the surgeon that Rojeski's condition had worsened after the surgery. There are reports that two former surgical technicians will testify that the anesthesiologist failed to turn on the oxygen tank before Rojeski's surgery. Also, there are allegations that there may have been faulty surgical equipment in the facility at the time of the surgery - equipment that had been changed out with another hospital at the time of the most recent inspection. The suit alleges one of the doctors who operates 1-800-GET-THIN directed employees to remove the equipment for the inspection. Ultimately, the Valley Surgical Center employees called 911 and paramedics took Rojeski to a nearby hospital where she was pronounced dead.

1-800-GET-THIN has recently taken down the Lap-Band surgery advertisements after receiving a warning from the Food and Drug Administration (FDA) because the ads may have been misleading, and did not include adequate warnings about the risks of the surgery. The band itself is manufactured by Allergan, Inc., and consists of a silicone tube that is surgically implanted around the stomach to discourage overeating. Allergan has agreed to no longer sell the device to any companies affiliated with 1-800-GET-THIN.

If you or someone you know has been injured during surgery, contact the attorneys at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or 1-800-870-9584.

1 Comment

Leave a comment
Comment Information

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

Get Your Free Case Review 713.587.9668

Let Us Help You Today! Request a Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

Our Record Of Success.

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

More Success Stories