My story

[Muppet]

I do hope its ok to post this here.

In December 2005 I had a gastric band implanted, self funded.

I lost 2 stone as time went on, but the weight loss was slow, I found the only time I had good restriction was after a long haul flight, this being pressure related.

One morning in February of this year I woke up feeling different, and I just knew that I could eat whatever I desired...dont ask me how I knew this, I dont know.

To cut a long boring story short, it was discovered after a few tests that my actual band had a hole in it.

With waiting lists and struggling to get an appointment this was ascertained in May 2008.

The surgeon at(Spire, previously Bupa Southampton) told me that I would have to pay again!!!

He very kindly contacted the manufacturer of the band, who agreed to give me a new band free of charge as a gesture of goodwill.

However, how do I get the faulty band out and the new one implanted, I have used my savings for the operation and dont have that sort of money any longer.

I believe the cost of the band is between £1500/£2000....which still leaves a lot of money to pay for the surgery and aftercare.

Since February I have gained all of the weight I lost and more besides.

I have sought legal advice and there doesnt seem to be much hope in the near future, these things can take years to be resolved.

I am now £6000 worse off and am back to square one, plus I am not getting any younger.

I am angry and upset and cant see any light at the end of the tunnel, the reason I opted for surgery was because all my life I have dieted, and I was at the end of my tether.

The operation seemed like a miracle, and I was just starting to feel good about myself, more comfortable and able to fit into airline seats amongst other things comfortably. Alas all of that has been snatched away from me and I dont know what to do.

your comments and thoughts would be gratefully received.

Thank you for taking the time to read this.:sigh:

 

[phatgirl]

Firstly welcome to minimins :welcome:

So sorry to read about your struggles. I can't really advise much as I had the bypass and not the band. However, it might be wise of you to investigate if you might qualify for NHS funding for a new band? You can look in the sticky section just above theses threads, there is one on how to get NHS funding. At least you can check if you meet the criteria or not.

Best of luck and keep us posted, you might be able to get some help from the kind folks on here.

 

[e.green69]

hi and welcome
i am so sorry to hear your story and just like phatgirl said maybe there may be a chance of funding.
fingers crossed for you
emma

 

[uglyduck16]

Hiya muppet :wavey:
That is a good idea about funding- go and see your gp and go for it!!
Sorry you have had such a rough time, i can't offer any advice as i am about to have a bypass :hug99:
Take care
Xxx Lizzie xxX

 

[charliegirl]

Hi and welcome to minis, what a carry on for you, I dont see why you should be out of pocket because of a faulty band and I think they should be paying for the new band to be put in as its not your fault and whilst replacing the band free is good its no bloody good if its not inside you! I think I would be seeking legal advice and getting a strongly worded letter fired off to them....you should in no way whatsoever have to pay again...I am so annoyed for you chick...xx

 

[serenitylove]

i dont know what the presedense is legally with getting it replaced for free is the op guarentee'd for a certain period of time? i was nhs banded so cant help but i wish you lots of luck

 

[donzi84]

i;m so sorry for you, this sounds terrible how are you coping?? i really dont know what to say, possibly go to your local citizens advice and get some free legal advice, if it was a fault a fault of yours i.e slippage or something then it could be more understandable, but you get a guarentee with a t.v so why not a band?? i really do feel it for and if you need to chat again post me, good luck and keep us posted xx

 

[cazbandy]

I am really sorry to hear of your plight, it must be so frustrating to go through all that and then to have something go so wrong.

I am not sure what the best route to take on this is. If the manufacturer of the band is at fault then they have done what they need to do and offer a replacement but without a surgeon to back you up and redo the surgery....

I think you need to see your GP and tell him and ask if there is anyway he can help, as you would still like the surgery. Get the number of the PCT in your area and also ask their advice.

I guess the tough bit of this is, it's not the surgeon that is at fault and he doesn't have to agree to help, even though I think it would be well worth writing to him to ask what he thinks you should do next.

Keep on badgering away at these people, they might offer a solution.

I wish you all the best and hope you get some resolve soon...big hugs to you :grouphugg:

 

[wobbles]

Just want to say welcome, and i'm so sorry you're having such a hard time. It's absolutely awful they're making you pay a second time around.
Good idea about going to the gp for a referral, good luck, and we're here if you need or want to chat. xx

 

[hopelesscase]

When i went for my consultation with the surgeon there was a lady there that had had a band fitted privatly and she was having problems with it. She had lost some weight and put some back on but was struggling to eat anything think it had slipped (I think she may of been in hospital when PG had her op) I know she said when she came out of the consultation that she was having it removed and i think a bypass done on the NHS.
This may be the way forward like others have said.

 

[Silversurfer]

Hi Muppet

Seems everyone's already covered the legal angle here already, and expect you've looked into this yourself already - NHS would be an option but may take some time and convincing to get the funding for a new op despite the offer of a replacement from the manufacturer.

have you thought about going abroad for a replacement band - there are some posters here that had there bands done in Belgium and elswhere for half the cost of the UK, given that you already have the promise of a replacement band it may make the overal bill a lot less !

You know that the band works - is there not some way you could find the funds ? and just get it done - i know not the best option, but this isn't the ideal world !

Richard

 

[Muppet]

Firstly, many thanx for all your kind interest and replies, it is much appreciated.

I have been put on the waiting list for NHS funding, my first appointment with weight management was 27th October just gone.

The lady advised me that I will have to wait 12 months before I can even get a consultation with the NHS surgeon to see if I qualify

I was amazed at this information because I didnt think the wait was that long.

I have badgered the surgeon and even offered to pay him a monthly amount, he just referred me to the Spire's own finance company. I dont think I would even qualify for a loan as my husband is disabled and cant work and I took early retirement from the Civil Service to care full time for my elderly mother who has Alzhemers.

We sold our house 3 years ago (This is where the funds came from for my band)

We moved to a rented bungalow to accomodate my mother. So the chances are very slim indeed of anyone likely to give me credit.

I have a solicitor (no win no fee) looking into the possibility of acting for me.

I wrote to the manufacturer and they said they need to check the faulty band before they will admit any liability, but to do this I need the surgery to remove it to have it tested!!!!

It seems my only option is to go abroad if i can manage to scrape the money together, which will probably take as long as the NHS wait. And I dont even know if the manufacturer will agree to one of their bands being used abroad.

I was wondering whether or not to write to the surgeon that Kandy mentioned who charges £200 for the consultation and if he thinks you are suitable he applies for the NHS funding.

What do you think? Anything is worth a try I suppose.

I even emailed Fern Britain (in July) but didnt receive a reply, I just thought the publicity may help me and others like me.:sigh:

 

[j.u.s.t.l.i.z.]

hi muppet i was also banded in 2005, but was on the nhs, they removed and replaced my faulty band with a new one in august this year, a couple of other ppl have had defect bands which were also done in 2005, what kind of band do you have ? maybe we had the same bands from the same batch. im really glad i waited for nhs banding as i simply would not of been able to afford the op for a replacement.

To people that are self pay now and looking into banding privatley, always ask does what you pay cover a band replacement, if the band is faulty.

muppet i really hope the nhs can help you out.

good luck

liz x

 

[LancsLass2]

Hi, welcome to minis - Sorry to hear you`ve had a rough time of it since you were banded, good luck in whatever path u decide to take. You`ve come to the right place for advice and support xxx

 

[Muppet]

Liz, did you have a hole in your actual band?

After the tests this is where mine was found, because it could have been in one of three places according to the surgeon.

I'm so glad yours was replaced for you, isnt it a joke, if you pay you dont get any guarantees.

My band was manufactured by Allergan, the same company that make Botox.

I do have the batch number somewhere in one of my mails from the surgeon.

Just a thought, potential bandsters also ask if the surgery will be included should the band fail, because of a manufacturing fault.

Thanx lancs lass for your good wishes

 

[j.u.s.t.l.i.z.]

Liz, did you have a hole in your actual band?

After the tests this is where mine was found, because it could have been in one of three places according to the surgeon.

I'm so glad yours was replaced for you, isnt it a joke, if you pay you dont get any guarantees.

My band was manufactured by Allergan, the same company that make Botox.

I do have the batch number somewhere in one of my mails from the surgeon.

Just a thought, potential bandsters also ask if the surgery will be included should the band fail, because of a manufacturing fault.

Thanx lancs lass for your good wishes

my band had a twist/ fracture in it also the tube had been slowly leeking the fills from the band end, then on the last fill under xray the tube had finally dissconnected from the band end, i had a cousins band made in america 7 mil, i now have the same band but a newer version.

 

[Muppet]

Ah well Liz, nice try eh :8855:

Would have been spooky if we had had the same manufacturer.

Thank you for telling me about your band.

 

[j.u.s.t.l.i.z.]

to all new ppl looking into banding b4 any cash is handed over please ask if a faulty band is covered and will be REPLACED in with the price you pay, if so get it in writing just incase x

 

[charliegirl]

Excellent suggestion Liz...xx

 

[shelbell]

Hi, welcome to Mini's

From a legal aspect, I would be looking for a consumer rights lawyer, as anything that is sold has to be 'fit for use', so that would be the legal aspect to be challenging them on. If the lawyer you have now doesn't specialise in consumer rights, they may struggle.

The fact that they have offered one as a gesture of goodwill means you have a case, otherwise they wouldn't have offered they know that they are at fault so they are hoping to save money and give you a token gesture so you go away.

I would have a look at Martin Lewis's Money Saving Expert site, as he is a consumer rights specialist, and if you contact him he may be willing to help.

HTH

Shel