Reusable medical scopes manufactured by Olympus Corporation have been linked to a series of serious patient infections, drug-resistant outbreaks, and procedural injuries spanning more than a decade.  

Patients harmed by contaminated or defective Olympus scopes have begun filing lawsuits  against the manufacturer. However, many people who may be eligible to take legal action may not realize their injuries may be connected to the device used during their procedure. 

If you or a loved one underwent a scoping procedure and later experienced a serious infection, a drug-resistant diagnosis, a perforation, or received a hospital exposure notice, you may be eligible to file a lawsuit and receive compensation.  

Our law firm, Hissey Mulderig & Friend, is actively reviewing Olympus scope cases nationwide. Find out whether you qualify or start your claim today by calling our office toll-free at 1-866-806-8117 or by submitting your information online using our free claim submission form. 

Qualifying Scoping Procedures

The Olympus scope litigation centers on allegations that certain reusable endoscopes, duodenoscopes, and colonoscopes manufactured by Olympus harbored bacteria between patients despite following the manufacturer’s cleaning instructions.  

Patients who underwent certain medical procedures and developed certain injuries or infections may be eligible to file a lawsuit. 

To qualify for an Olympus scope claim, a patient must have undergone one of the following procedures in or after 2015: 

• Endoscopy (through the mouth): A flexible scope passed through the mouth and into the upper digestive tract to evaluate the esophagus, stomach, or upper small intestine. Commonly used to diagnose ulcers, reflux disease, bleeding, and tumors. 

• Duodenoscopy (through the mouth): A specialized upper endoscopy that reaches the duodenum and is typically used during ERCP procedures to diagnose and treat conditions affecting the bile ducts, pancreas, and gallbladder. Duodenoscopes are at the center of the most prominent FDA safety alerts. 

• Colonoscopy (through the rectum): A flexible scope inserted through the rectum to examine the colon, used to screen for colorectal cancer, evaluate bleeding or pain, and remove polyps. 

Qualifying Injuries and Outcomes

In addition to having a qualifying procedure, a claimant must have experienced one of the following outcomes following the scoping procedure: 

• Post-procedure infection with serious complications. The patient was hospitalized for an infection following the procedure, required IV antibiotics, and sustained injuries such as sepsis, organ failure, or death. 

• Drug-resistant “superbug” infection. The patient was diagnosed with a drug-resistant infection within 180 days of the scoping procedure. Qualifying pathogens include CRE (a highly drug-resistant gut bacteria), VRE (a resistant strain often acquired in hospitals), and E. coli. The CDC has documented healthcare-associated outbreaks tied to contaminated duodenoscopes. 

• Perforation during the procedure. The patient sustained a perforation, meaning a tear or puncture of the gastrointestinal tract, at the time the scope was performed. 

• Exposure notification followed by a relevant diagnosis. The patient received a notice of exposure from a hospital or healthcare provider related to a contaminated scope and was subsequently diagnosed with a related condition within the applicable statute of limitations, measured from the date of the notice. 

If any of these scenarios describe your experience, you should not delay in seeking a legal evaluation. Statutes of limitations vary by state, and waiting can jeopardize an otherwise viable claim.  

Call 1-866-806-8117 to talk with a lawyer about your situation, or schedule a free legal consultation to find out if you qualify. 

Why Olympus Scopes Cause Infections

The contamination problem at the heart of the Olympus scope litigation stems from the design of the devices themselves.  

Reusable duodenoscopes contain a complex mechanism known as an elevator channel, a tiny moving part at the tip of the scope that helps physicians guide instruments into the bile and pancreatic ducts. This elevator mechanism contains crevices and seams that are extremely difficult to clean, and bacteria, tissue, and bodily fluids can become trapped inside even when hospital staff follow the manufacturer’s reprocessing instructions to the letter.  

Internal documents, federal investigations, and peer-reviewed research have shown that drug-resistant bacteria can survive standard disinfection cycles and pass from one patient to the next through the same scope. 

Hospital Outbreaks Linked to Olympus Scopes

Beginning in 2013 and intensifying through 2015, hospitals across the United States reported clusters of patients who developed antibiotic-resistant infections after undergoing scope procedures. The most widely publicized outbreaks include: 

• Ronald Reagan UCLA Medical Center (Los Angeles, California) — A 2015 outbreak in which approximately 179 patients were exposed to CRE, with several confirmed infections and patient deaths linked to contaminated Olympus duodenoscopes. 

• Cedars-Sinai Medical Center (Los Angeles, California) — Patients were exposed to CRE through Olympus duodenoscopes during the same period as the UCLA outbreak. 

• Virginia Mason Medical Center (Seattle, Washington) — One of the earliest and largest documented outbreaks, in which dozens of patients were infected with CRE following ERCP procedures, resulting in multiple deaths. 

• Advocate Lutheran General Hospital (Park Ridge, Illinois) — An outbreak that infected dozens of patients with a drug-resistant strain of E. coli traced to a contaminated Olympus duodenoscope. 

• UPMC Presbyterian (Pittsburgh, Pennsylvania) — Patients were notified of potential exposure to drug-resistant bacteria following procedures involving Olympus duodenoscopes. 

Additional outbreaks have been documented at Hartford Hospital, Thomas Jefferson University Hospital, Fox Chase Cancer Center, and other facilities.  

Beginning in 2015, the U.S. Food and Drug Administration issued a series of safety communications addressing contamination risks tied to Olympus duodenoscopes, and a bipartisan Senate investigation concluded that design defects contributed to outbreaks of antibiotic-resistant infections at hospitals across the country. 

The investigation concluded that Olympus was aware of contamination issues with its duodenoscopes years before warning U.S. hospitals or notifying the FDA, despite a federal requirement that medical device manufacturers report serious adverse events within 30 days. 

Contact Our Attorneys and Start Your Claim Today

Patients who underwent an Olympus scope procedure and were diagnosed with serious infections or other qualifying injuries may be eligible to file a lawsuit and receive compensation.  

The lawyers at Hissey Mulderig & Friend are actively investigating and accepting Olympus scope cases nationwide. There is no cost to talk with one of our attorneys to find out if you qualify, and you don’t have to pay legal fees or other costs involved with filing a lawsuit unless we successfully recover damages in your case.  

Learn more about the lawsuits filed against Olympus, find out whether you qualify to take legal action, or start your claim today by contacting the law firm of Hissey Mulderig & Friend. You can reach us by calling our offices toll-free at 1-866-806-8117, or by filling out our free claims submission form, located at the top of this page. 

Frequently Asked Questions

Does my procedure qualify if it occurred before 2015? No. Current Olympus scope claims are limited to procedures performed in or after 2015, the timeframe tied to the FDA safety communications and Senate investigation findings. 

What if I had an infection but was not hospitalized? Hospitalization with IV antibiotic treatment is one of the qualifying injury criteria for the post-procedure infection category. If you were not hospitalized but received a contaminated-scope exposure notice or were later diagnosed with a drug-resistant infection, you may still qualify under a different criterion. 

What if I do not have all of my medical records? You should still reach out for a case evaluation. The staff at Hissey Mulderig & Friend routinely assist clients in obtaining hospital and procedure records as part of the intake and review process. 

Is there a deadline to file a claim? Yes. Statutes of limitations vary by state and by the type of injury. Acting promptly preserves your ability to pursue compensation, particularly in cases involving exposure notifications, where the clock generally begins running from the date the notice was received.