By Robert J. Boumis  |  September 10, 2014

Category: Legal News

Gastric Bypass SurgeryGastric bypass surgery, also called stomach stapling surgery, was once hailed as a quantum leap in surgical weight loss. However, evidence has begun to surface that some gastric surgery patients have suffered serious stomach stapling risks.

In gastric bypass surgery, the stomach is modified to decrease its capacity. In general, the capacity of the stomach is restricted to a space the size of a human thumb. This allows patients to feel full after eating very little food. This may be done with surgical staples or several similar techniques. Gastric bypass surgery is typically used as a last resort for morbidly obese patients, or obese patients who are already suffering from complications of obesity, including diabetes, heart disease, or sleep apnea. For about 40 percent of patients, this type of weight loss surgery reduces the mortality rate of morbid obesity by about 40 percent. However, as many as 15 percent of patients suffer stomach stapling risks from the procedure, and some even die from these complications.

Some specific medical implants associated with stomach stapling have come under scrutiny. Ethicon Endo-Surgery Inc. (a Division of Johnson & Johnson that makes medical implants) issued a recall in May 2013 for surgical staples designed for use in bypass surgery. This recall came in response to concerns that the staples could break during the firing sequence, causing the stapling device to malfunction, or cause the staples to fail. Allegedly, this substantially increase stomach stapling risks.

Defective surgical staples could allegedly cause a host of serious problems. One major concern with all types of surgery, sepsis and infection, could stem from this issue. Additionally, such a defect could lead to failing of staple line, meaning that the stapled area could pull apart. Various types of leakage, including blood and stomach fluids could also be due to stomach stapling risks.

A class action lawsuit investigation has been launched to explore the possibility of legal action over gastric bypass surgery complications. The investigation is focusing on Ethicon’s surgical staples, and the allegation that Ethicon may have been aware of the defect long before they initiated their recall. These staples first hit the market in 1999, and an average of 177,000 gastric bypass surgeries have been performed every year since. Two-thirds of these procedures use Ethicon staples.

Allegedly, Ethicon has received thousands of reports of surgical staple complications before acting. Medical companies are required to monitor reports of complications to head off potential problems. A weight loss surgery class action lawsuit could allege that the makers of the devices failed to act on this information in a timely manner. Lawsuits over allegedly-defective medical devices typically seek compensation for suffering, medical costs, lost wages, legal fees, and other costs associated with complications stemming from allegedly defective medical devices.

In general, gastric bypass stomach staple lawsuits are filed individually by each plaintiff and are not class actions.

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