Fraud Claims in Allergan Lap-Band Case Not Pled With Requisite Particularity, 11th Cir. Affirms

TAMPA — A federal appeals court has upheld dismissal of an Allergan Lap-Band case, affirming that the plaintiff failed to plead her fraud-based claims with the requisite particularity.

On March 14, the 11th Circuit U.S. Court of Appeals agreed with the trial court that the plaintiff failed to explain how she was misled by Allergan’s statements in a brochure advertising the Lap-Band.

On Oct. 7, 2011, Sasha Dixon read a marketing brochure bearing Allergan’s name and logo entitled, “Your Weight-Loss Journey Begins with My Lap-Band Journey.” A Lap-Band is a medical device manufactured by Allergan that wraps around the …