Balloon recall

[Autumn01]

Does anyone know anything about the product recall on air filled gastric balloons?

I had to have mine removed early as an urgent matter after being contacted by the hospital to say there was a problem.

But I've had no follow-up care and am now left feeling really upset and 5k worse off.

Any advice anyone?

xx

 

[thinkbethin]

Hi Autumn, to mini's. Sorry to hear this but surely your provider should be in contact with you to help you through this and to let you know whats going to happen next. They are the ones that used this product ans will have been compensated from the company that provide them so they are the ones that should be working something else out for you. You should'nt be losing out on 5k because of a fault with the merchandise thats been recalled. Get on to your provider and find out what they are going to do for you and get on to your insurance company as well. Good luck xx Gaynorxx

 

[Autumn01]

Thank you Gaynor. It's been really stressful - you spend so long planning for the balloon emotionally and physically then go through the trauma and sickness of the first week - then the hospital just call and say "oh, you need to come in ASAP to have a recall". No apology, no explanation - nothing! I have lost 22 pounds which I'm pleased with but I had another 2 months to go!

I didn't realise I could claim on insurance....I thought I might have to find a no win no fee solicitor.

Does anyone know anything about them?

x

 

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

they should be offering you a full refund as it was faulty goods used x

 

[baby jayne]

Also when you call them tell them you want to know the reason for the recall, as it could be something that can cause you to need treatment, for e.g if the balloon is toxic or the gas they used would seep out. Ask for it in writing and tell them you want a full refund or a replacement which I think you would have to wait 6 months before it can be re inserted.
Good luck, and take advice from the citzens advice bureau.

 

[tendersage]

Agreed you should be demanding information on why it was recalled plus a refund as it obviously was faulty goods. A lot of solicators offer a free 30 mins initial consultation or you can try C.A.B.

 

[cazbandy]

Hi there,

I am really shocked at your treatment. I think you definitely should get some help on this, they cannot just take it out and offer no reason why...

Which provider did you get the balloon done with?

Have you chased them up and asked "Where does this leave me?"

I really feel for you, and I hope you get some resolve.

 

[Autumn01]

Hello everyone.

Thanks for your comments. It's a really good idea to contact citizens advice - I'm going to try them.

Autumn xx

PS: I went through Surgicare in Manchester. Here's a copy of the email I've just sent:

[FONT=arial, helvetica, sans-serif]Dear Sir / Madam[/FONT]

[FONT=arial, helvetica, sans-serif]I would be grateful if you could let me know what action you plan to take to compensate me for the early withdrawal of my gastric balloon following a product recall by the manufacturer? [/FONT]

[FONT=arial, helvetica, sans-serif]When I paid almost £5,000 it was on the basis that the gastric balloon would remain in place and help me lose weight over 6 months.As I'm sure you can appreciate, this is a substantial amount of money for a temporary procedure but I did a great deal of research and was re-assured by the Surgicare website that I was in good hands. In addition, the literature informed me that the air filled balloon was very safe. [/FONT]

[FONT=arial, helvetica, sans-serif]I thought the manner in which the recall was handled was very poor. I was left three voicemail messages by a member of the team asking me to contact Surgicare as a matter of urgency to have my balloon removed soon as possible. [/FONT]

[FONT=arial, helvetica, sans-serif]Surely this is an inappropriate message to leave on a patient's voicemail and it caused me a great deal of concern, particularly as I had presented to my own GP the day before with stomach cramps, nausea and fainting. Although it is still unclear whether or not there was a link between my symptoms and the recall, it was at worst deeply concerning and at best, an extraordinary coincidence and one that only added to my distress. [/FONT]

[FONT=arial, helvetica, sans-serif]I tried to find information on your website but nothing was or is available. Even the information about the gastric balloon has become impossible to access. This is very, very poor patient care.[/FONT]

[FONT=arial, helvetica, sans-serif]To add insult to injury, the day before my last-minute removal, I received a standard email telling me that you were pleased to confirm the date of my removal. There was no mention of the fact this was happening as part of a recall, no re-assurance and no apology for the distress. The impersonal, uncaring nature of the email left me feeling worse. Surely we can expect better from a healthcare company and healthcare professionals?[/FONT]

[FONT=arial, helvetica, sans-serif]Finally, in order to accommodate the removal procedure to fit in with your concerns, I had to change my holiday plans at the last minute to fit in a last minute return trip to Manchester from London. Not only was this very inconvenient, it was very stressful as I had to drive from London to Bath at 5am to collect my sister (who was the only person who could look after me at such short notice) and then straight onto Manchester, then back down to London. [/FONT]

[FONT=arial, helvetica, sans-serif]I'm now left upset and frustrated that almost 2 weeks after the removal procedure, I've still had no written apology, let alone an offer of compensation. [/FONT]

[FONT=arial, helvetica, sans-serif]I very much look forward to hearing from you so we can get this issue resolved. [/FONT]

[FONT=arial, helvetica, sans-serif][/FONT]

 

[kaycee00]

wow shocking that they can do that ..good luck with email xx

 

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

autumn if all else fails threaten to give the tv show WATCHDOG a ring they would be very interested in this as it would expose there bad service to the country, they would be left looking rather silly.

BBC - Watchdog - Got a story


liz x

 

[baby jayne]

Good luck Autumn, when you have sent it keep ringing up every day and hound them until you get some more info.
Have you contacted the Manufacturer yet to ask why the recall?

Liz is right they will not want any bad publicity so threaten them with Watchdog.

Have they offered any dietry advice post-balloon at all? I was under the impression after the balloons are taken out they provide dieticians to keep you from putting on weight.

Good luck hun, and don't get yourself down as you may comfort eat and think of how well you have done xxx

 

[Autumn01]

Watchdog is a good idea. I might try that. The only thing is, that a lot of my friends and family don't know I had the balloon. I wonder if I would have to reveal my identity?

I was also wondering if and how I could contact other people who've had their balloons removed as part of this recall.

Any ideas anyone?

xx

 

[cazbandy]

I hope you don't mind but I contacted WD on your behalf saying "a friend of mine who wishes to remain anonymous" needs help. I only gave my email addy so it will interesting to see if I get a response. I feel so strongly about this, they need to be shown up.

Your name will never be revealed unless you chose it...but I felt compelled to help you.

 

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

the only thing i can think of is asking on a thread just like this one, but the trouble is that there doesnt seem to be many balloon patients using the forum, also ask on other forums as well, its worth a try.

 

[cazbandy]

Hi there,

I have telephoned the Trading Standards Institute and they have advised the following:-

Product recalls are a bit of a minefield and as you had 4 months sucessful service from them it could be a tricky one but at the end of the day the goods are now faulty and they have not completed their contract with you, so you may be able to gain a partial refund or replacement. But this is not something that can be dealt with without the help of a third party.

I called the Community Legal Advice team and they said this could fall within the umbrella of medical negligence if they do not offer you some form of recompense, either refund or replacement. But proving who is liable is a tough one.

I was given the number of a local solicitor ro me who deals with this kind of thing and I have called them, after talking with a very nice clinical negligence lawyer this is the free advice they gave:-

"First of all you must send a formal written letter to Surgicare asking why this removal had to be done, what was wrong with the product and who the manufacturer of the product is. Send this letter where it has to be signed for and ask that a formal receipt of this letter be sent to you within 28 days. Once you have this information you may be able to take this matter further."

Also she advised that you look at any insurances you have, home contenets, health etc, to see if you have something called "legal services cover" as this may prove useful if the matter has to be taken further, as this can help fund a claim.

But she also pointed out that Surgicare have possibly completed their side of the bargain and are at no fault. And that in the removal of the gastric balloon, they have caused no injury, so no negigence is involved. The manufacturer of the product might be the best one to look at, if this can be proved to be faulty due to manufacturing problems or staff shortages etc, then you may have a claim. But if the goods suddenly without warning became faulty after extensive pre-safety checks, and were being recall to safeguard patients, that will be a tough cookie to crack too.

Her last bit of advice was to go back to the GP who originally referred you for this proceedure and see if they can find out answers to why you had balloon removed. Also to go to your local CAB and see how they can help as advice given is only guidance.

Sorry if this is not all positve but hope you get some answers soon.

Also another thought - how did you pay for this, was it by credit card? As you may be able to claim under consumer credit clause 75, a failure to complete contract.

 

[baby jayne]

Caz you are lovely, that was really thoughtful of you xx

 

[Autumn01]

Hi Cazbandy and everyone else

Thank you so much for all your kind comments and advice. I really, really appreciate it. Sorry it's taken me a while to come back to you - I can't come online that often.

That's really good advice. I'm going to try trading standards and I've alos found out that I may be able to get free legal advice through work.

I'm a bit shy about trying Watchdog....most of my friends and family don't know I had the balloon...

I'll keep you posted.

xx

 

[quetiapina]

Wow Caz, some excellent research and advice. You are an angel! x

 

[Autumn01]

Hello everyone

Just to let you know I am talking to solicitors on a no win no fee basis. Still heard nothing from Surgicare - please tell anyone you talk to who is thinking of having a balloon to make sure they check it out thouroughly....

Keep up the good work everyone

xx

 

[Snowcrystal]

Just wanted to wish you all the very best of luck.

Try ringing Surgicare as a new potential customer for a gastric balloon and see what they say...if you can, record the call.

Good luck

~hugs~

ps: just wanted to say......fantastic help from Cazbandy.