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Los Angeles Law Blog

By John Kristensen of Kristensen, LLP posted in Defective Products on Thursday, May 3, 2018.
$500,000 Settlement after Allergan Allegedly Sells Defective Lap-Bands

A Lap-Band is an inflatable silicone band which can be placed around a patient’s stomach during a surgical procedure. According to a defective product suit filed under the whistleblower provision of the False Claims Act, Lap-Band manufacturer, Allergan, knowingly sold defect products to health care professionals, after covering-up the presence of defective access ports. According to the suit, the causes of leaky ports were deliberately misrepresented by Allergan when address the FDA, health care professionals, and the public. It was also claimed that Allergan provided kickbacks to healthcare professionals, in the form of sham advisory boards, speaking fees, surgeon workshops, proctoring events and travel expenses. It is believed that these kickbacks were offered to obtain false statements for reimbursement.

In a separate settlement, Allergan agreed to pay $3.5 million to the federal government for their part in alleged Medicare fraud. The manufacturers deny responsibility in both cases.

Injured by a Defective Medical Product? A Los Angeles Attorney Could Recover Damages on Your Behalf

When you agree to use a medical device or piece of medical equipment on the advice of your physician, you do so trusting that the manufacturers and suppliers of that product have tested it sufficiently to know that it is safe to use. Any kind of defective product can potentially cause devastating injuries but, when the product in question is supposed to improve your health, the issue is magnified further. When the faith which you have placed in those who have designed, manufactured, and tested medical devices turns out to have been misplaced, the consequences can be catastrophic.

While it is expected that medical product manufacturers test their products rigorously before releasing them onto the market, this is not always the case. Through years of experience as Los Angeles defective product attorneys, we have handed countless lawsuits relating to:

  • Surgically implanted medical devices
  • Insulin pumps
  • Retail or prescription drugs
  • Mirena coils
  • Transvaginal mesh
  • DuPuy hip recall/Zimmer NexGen knee replacements
  • Pain pumps and PAGCL
  • Ortho Evra
  • DaVinci robotic surgical device
  • Bard Composix Kugel Hernia Mesh
  • Pacemakers
  • Defibrillators
  • Stents
  • Breast implants
  • Contraceptive devices
  • Numerous other defective medical products

Under California law, a defective product lawsuit can be filed where it can be proven that one of the following conditions has been satisfied:

  • A medical device or product has been designed in a way which renders it defective
  • A medical device or product became defective during the manufacturing process
  • A medical device was marketed defectively, including cases where hazards were not highlighted to health care professionals or users, or the manufacturer failed to provide adequate instructions

Schedule Your Initial Consultation with a Los Angeles Defective Product Attorney Today

If you, or a loved one, have been injured due to a defective medical product, whether that defect occurred during the design, manufacturing, or marketing process, our Los Angeles defective product attorney could help you recover the damages you deserve.

To discuss the specifics of your case with an outstanding Los Angeles defective product attorney with a proven track record of success, call us today on 310-984-1297 to schedule your initial consultation.