Need advice...botched surgery

Ok, so it's been awhile since I've been here because I don't fit in.  For those of you that I've never met, I had a sleeve done on 4-6-11.  I lost 10lbs pre-op and have lost 8lbs since surgery.  Completely wasted surgery.  Anyways, I have been looking into DS because the sleeve is doing nothing for me, obviously.  I submitted for insurance and was denied because they say that now that I lost the 18lbs my BMI is too low to qualify for DS.  My new surgeon wanted to do an endoscopy to find out what is going on and why I'm not losing.  This was done yesterday and here is what it found.  My sleeve is VERY large.  If the endoscopy doc couldn't have seent he staples, he would've never known I had surgery at all.  My stomach measures 44mm and aparently a 32f bougie is 11mm, which is supposedly what was used.  The fundus (which is SUPPOSEDLY removed with a sleeve, getting rid of stretching and the grehlin) is "completely intact and has no areas of narrowing". GRRRR
I'm so pissed off I could kill someone.  So now, my new surgeon is resubmitting everything, including the endoscopy to insurance again to appeal.  I have a question for you all....would you sue?  I am so angry that I went through all this, all the recovery, not holding my babies, frusteration of not losing anything, and now finding out that I did that all for NOTHING because my surgeon is a ******g idiot.  Now, to top it all off, the 18lbs total that I lost put my BMI just under what it needs to be in order to get DS.  I do NOT want rny, and Dr. Buchwald highly recommends a DS for me.  He sees no reason in waiting because he says I will just gain more weight than I already have since surgery.  What do you guys think?  Thank you in advance for your thoughts.