Help! 1 weight loss surgery a lifetime> Band eroded

I need help. Does anyone know a lawyer or a way to fight my insurance company? I had the Lapband in June of 08.. In Nov 08 they changed the laws to one weight  loss surgery a life time
IF YOU HAD THE LAPBAND.. I had problems with my band from day one.. It was too tight. My Doctor told me he gave me a 12 cc band BUT he LIED and gave me a 10 cc band and it eroded in Dec. 09.. Now my insurance company wont let me get another surgery.. I gained all my weight back and I am so depressed.. I wont give up I will fight till teh end but I dont know who to contact.. Please everyone give me a piece of advise..... What goes around comes around you help me and you  will get it back 10 fold.... Thank you all for taking tehtime to read this....Oh I have  BCBS  AL
Rose ......................... I can be emailed at [email protected]

Did you have it removed yet?

It's unlikely that you'll successfully fight BCBS.  If you have proof that you were promised a 12cc band and received 10cc instead, you may be able to successfully sue  your surgeon.

TAKE YOUR EMAIL OUT OF YOUR POST.

 You should be able to find a lawyer where you live, or at least one who can give you a reccomendation.

 Do you have all the info in WRITING  from your surgeon stating what size the band would be? Your first step is documentation. DOCUMENT EVERYTHING. Everyone you talk to at the doc's office, time, place, date who and what.
 As far as fighting BCBS, you can fight them and win. I did. When you call, escalate your call . Get names numbers, etc.. Have any info about your surgery and the fact you were not at fault for an eroded band, any medical costs related to it that BCBS paid.
 That's a start.

Along with what Iris says,  make sure you have everything in writing, including logs of the people  (names and phone #), time and date of the phone call. and what the subject was about.  Anything that needs your signature, make sure that you make copies of it. Document everything!
Good Luck!

Hugs! I am so sad to see this. I have a band and it was the worst choice I could have made!!! It has been a COMPLETE WASTE OF MONEY! I paid cash for mine and now do not have the money to revise to an effective WLS. :-(

I try to warn ppl on the band forum about the band because I do NOT want them to end up in a position like you or me! There are so many ppl that are now stuck with a band that doesn't work or with a band that has caused them physical damage!

I have also been trying to warn ppl that so many of the insurance companies are now starting to add the "one WLS per lifetime" stipulation, and that they need to choose their WLS wisely! They also need to keep this in mind and revise quickly if they have insurance and their band is not working, because they never know when their insurance might add this stipulation also, and they would be stuck with a non-working or physically damaging band also!

A lot  of the bandsters on there resent me posting. They only want ppl to hear the positive about the band, but I know that I personally would have wanted to hear stories like mine and yours BEFORE I got the band. Knowledge is power.

As far as getting an attorney...........U will NOT win against the insurance company as far as getting them to overturn their policy about one per lifetime. Just won't happen. They are a business and they can adopt any legal limitations on their policies (remember some policies completely EXCLUDE WLS!). I DON'T agree with it.............but it is what it is.

Walter Lindstrom specializes in obesity law, and I imagine there are others, too. Try Googling "obesity Lawyer" and see what you get.

Also, PLEASE post this to the Band boards!

Patient advocacy groups help as well.  Write everything down and don't give up calling or even making an appearance in person. Be ready to let them know the impact the surgery has had on your life. You will find, in some instances, that you are not alone.

reach out to Lea Ann, she won against the insurance company in Alabama in a major case a few years back in supreme court.  and did it on her own...
 its not law,,its your insurance company,, so next year at open enrollment change company, or change employer,,,and for sure be careful who you vote for in elections,,,Democrat I hope,,,Alabama made national news on anti health care issues.

Uh, no -- LeaAnn had a lawyer.  She (and I) provided a lot of the ground work information about the DS to the lawyer, but she did not -- and could not -- file and prosecute a federal lawsuit on her own.  And one of the reasons she HAD to file an ERISA suit is that AL doesn't have a Dept. of Insurance to appeal to -- but most states do.

And Walter, it IS law -- it is CONTRACT law.  There is no law that requires insurance companies to cover WLS, even if there should be.  So they can make any exclusions regarding more than one WLS that they want to.