Courtney Jorstad  |  July 18, 2014

Category: Legal News

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1-800-GET-THIN billboardA California judge is considering changing his mind on the proposed false advertising class action lawsuit settlement $1.3 million settlement he approved over a year ago against the company responsible for the 1-800-Get-Thin marketing campaign, saying his is still “quite skeptical” of it.

The weight-loss surgery campaign by marketing firm Top Surgeons Inc. was that promoted weight-loss surgery clinics agreed to $500,000 for the settlement and $600,000 for attorney’s fees.

According to the false advertising class action lawsuit, Top Surgeons had not properly explained the potential risks linked to Lap-Band surgery in it’s 1-800-Get-Thin billboards.

Los Angeles Superior Court Judge Kenneth R. Freeman reiterated his skepticism during a motion to conditionally certify the Class, saying that he was still waiting for the parties to answer the questions and concerns he brought up during the preliminary approval in April 2013. One of those concerns was that the confidentiality clause and injunctive relief was too vague.

If Judge Freeman rejects the false advertising class action lawsuit settlement, it will be the first time he will have rejected a settlement since he began adjudicating class action lawsuits 15 years ago.

“Since we have met so many times and you have heard the court’s discussion of its problems with this settlement, I don’t really know what I can do at this point but to give you a very firm ruling,” he said.

“At this point in time, I want you to know that the court is looking at the very real possibility of not approving your settlement, forcing you to go to class certification and trial,” he added.

The Lap-Band surgery class action lawsuit was filed against Top Surgeons in February 2011 by Plaintiffs Ana Renteria and Laura Faitro on behalf of their family members and others who had died as a result of the Lap Band surgery from 2005 through 2011.

Renteria and Faitro allege that the marketing company, which also owned the weight-loss company that performed the weight loss  surgery and several of the weight loss surgery centers did not include all the risks associated with Lap-Band surgery in its billboards, television ads and radio ads.

When people called 1-800-Get-Thin, they were given referrals to one of the Los Angeles based locations owned and operated by Top Surgeons and affiliated with brothers Benjamin and Michael Omidi.

According to the class action lawsuit, Top Surgeons had also hired doctors who were unqualified to perform the surgeries and allowed the surgeries to occur in conditions that were unsanitary.

The U.S. Food and Drug Administration said in December 2011 that Top Surgeons’ Lap Band surgery advertisements were misleading and violated the Food, Drug and Cosmetic act, which requires that advertisements include warnings, precautions, side effects and contraindications relevant to the product. The federal statute forbids false advertising, as well.

The Class is for anyone who paid for a medical service from Top Surgeons in response to the 1-800-Get-Thin marketing campaign.

Top Surgeons is also required to spend $100,000 on billboards in the Southern California region informing the public of the risks associated with Lap-Band surgery.

Judge Freeman said that he will write a detailed ruling in which he will explain all of his concerns about the settlement and allow the parties to provide a written response before making his final decision to approve or deny the settlement.

The plaintiffs are represented by John M. Walker.

Top Surgeons is represented by Charles L. Kreindler of Sheppard Mullin Richter & Hampton LLP, and the Omidis are represented by Andra B. Greene of Irell & Manella LLP.

The Lap Band Surgery False Advertising Class Action Lawsuit is Faitro et al. v. Top Surgeons et al., case number BC454464, in the Superior Court of the State of California, County of Los Angeles.

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4 thoughts onCA Judge Still ‘Skeptical’ of 1-800-Get-Thin Class Action Settlement

  1. Katrina says:

    My sister passed away Jan, 2014 walking her dog. She was trying desperately to get her weight under control and had finally decided to start walking her neighborhood. On the 14th she collapsed and died 20 steps from home. Cornor reports her lapband was still in place. It’s a shame and sad how this diet charade can continue to exist

  2. Schanel Taylor says:

    I still haven’t heard anything and I’m still did figured from this surgery

  3. Irene Taylor/ Schanel Hardy-Taylor says:

    Both me and my daughter had surgery by these people we both had the lap band I have had a reversion but my daughter still has her lap band and She always has problems all the time.
    I would like to know if our names was mentioned in that class action lawsuit and I need to know where do I check to see if we were supposed to get our ward payment.

    1. Noreen Clapper says:

      I also still have a lapband was told it would all be taken care of by my insurance! The band started giving me trouble every time they did any filling I.E. I would throw up every thing and was not even able to keep down water until they emptied it, Then to top it off I started getting huge billand when I questioned them they said the hardship waiver I signed had an expiration date. I refused to pay and no action was taken to collect on their part after that I would love to at least get them to take it out free of charge

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