11th Circuit Affirms Dismissal Of Lap-Band Complaint For Alleged Misrepresentation
(April 1, 2016, 3:25 PM EDT) -- ATLANTA — An 11th Circuit U.S. Court of Appeals panel on March 14 affirmed dismissal of a Lap-Band complaint, agreeing with a trial court that the plaintiff failed to adequately plead that a manufacturer’s brochure about the device was false or misleading about how safe and effective the device is (Sasha Dixon v. Allergan USA, Inc., No. 15-13222, 11th Cir.; 2016 U.S. App. 4659).
(Opinion in Section E. Document #28-160407-019Z.)
In October 2011, Sasha Dixon underwent bariatric surgery in which a Lap-Band device was placed around...