Medical Scope Infection Lawsuit FAQs: Frequently Asked Questions About Endoscope & Duodenoscope Infection Claims

An Olympus scope infection lawsuit is a legal claim filed by or on behalf of a patient who developed a serious infection after a procedure involving the use of an Olympus endoscope, duodenoscope, bronchoscope, colonoscope, gastroscope, or other reusable medical scope. These lawsuits may allege that a scope was difficult to clean, defectively designed, improperly reprocessed, contaminated, or accompanied by inadequate safety warnings or instructions.

Medical scopes are being investigated because certain reusable scopes, especially duodenoscopes used during ERCP procedures, have been linked to infection-control concerns. Duodenoscopes contain narrow channels, small moving parts, and elevator mechanisms that may be difficult to fully clean and disinfect between patients.

Regulators have issued warnings and taken actions involving reusable endoscopes, reprocessing practices, contamination concerns, and reporting or quality-system issues. Following these developments, attorneys have begun reviewing potential claims involving patients who developed serious infections after Olympus scope procedures.

Potential scope infection claims may involve procedures such as:

• ERCP
• Upper endoscopy
• Colonoscopy
• Bronchoscopy
• Gastroscopy
• Other procedures involving reusable medical scopes

Infections and pathogens that may be linked to contaminated endoscopes include:

• Carbapenem-resistant enterobacteriaceae (CRE)
• Klebsiella pneumoniae
• Pseudomonas aeruginosa
• Enterococcus
• Methicillin-resistant staphylococcus aureus (MRSA)
• Escherichia Coli (E-coli)
• Tuberculosis (TB)
• Salmonella 
• Serratia marcescens
• Acinetobacter baumannii
• Stenotrophomonas maltophilia 
• Antibiotic resistant infections (superbugs)
• Human immunodeficiency virus (HIV)
• Other serious infections

Possible symptoms of infection after a medical scope procedure may include:

• Fever
• Chills
• Severe abdominal pain
• Nausea or vomiting
• Jaundice
• Weakness
• Confusion
• Shortness of breath
• Low blood pressure
• Rapid heart rate
• Worsening pain
• Signs of sepsis
• Other signs or symptoms

Symptoms may appear within days or weeks after an endoscopy, ERCP, colonoscopy, bronchoscopy, or another medical scope procedure. The timing may depend on the bacteria involved, the patient’s health, the procedure performed, and the type of infection.

Infection-related complications from contaminated endoscopes may include:

• Bacteremia
• Sepsis
• Septic shock
• Cholangitis
• Pneumonia
• Organ failure
• Death
• Other infection-related complications

CRE stands for carbapenem-resistant Enterobacteriaceae. CRE is a family of bacteria that can be resistant to many antibiotics and may cause severe or life-threatening infections.

CRE has been important in endoscope and duodenoscope infection concerns because some past outbreaks involved patients exposed to contaminated scopes during complex endoscopic procedures. A CRE diagnosis after ERCP or another scope procedure may be significant when evaluating a potential claim.

Sepsis after an endoscopy, ERCP, colonoscopy, bronchoscopy, or other scope procedure may qualify for a lawsuit if evidence suggests the infection may be connected to a contaminated medical scope or reprocessing failure.

No. Not every infection after an endoscopy or related procedure is caused by a contaminated scope. Infections can occur for many reasons, including underlying medical conditions, existing infection, surgical complications, immune system issues, or unrelated exposure.

A viable legal claim usually requires evidence connecting the infection to the scope procedure, scope contamination, reprocessing failure, device design, facility outbreak, or another legally responsible cause.

Identifying whether an infection was caused by a medical scope (such as a duodenoscope used in ERCP) involves looking at several key factors: the timing of symptoms, the type of bacteria involved, and genetic evidence.

Infections from contaminated scopes often involve “superbugs” or multidrug-resistant organisms (MDROs) that are rare in the general community. Scope-related infections usually involve specific, hard-to-kill bacteria that thrive in hospital environments and medical devices. If lab results show one of these infections, the scope may be source.

If you developed sepsis, a severe fever, jaundice, or a bloodstream infection within 30 to 90 days of an ERCP, colonoscopy, or bronchoscopy, the infection may have been caused by a contaminated scope. This is known as the “incubation period,” i.e., the time between the procedure and when you first experience signs or symptoms of infection.

Medical experts often will use Whole Genome Sequencing (a/k/a WGS or “genetic fingerprinting”) to compare the DNA of the bacteria found in your body to the DNA of bacteria found on the internal channels (lumens) of the scope used in your procedure. If the genetic “fingerprints” are identical, it can serve as proof that the infection did not come from an outside source but came directly from a specific medical device.

In cases involving infection outbreaks, recalls or failed a safety tests, you may also receive a letter from a hospital or other facility informing you that a scope used in your procedure was part of a recall, failed a safety test or infection outbreak.

Helpful evidence to support a medical scope infection case may include:

• Procedure records
• Procedure date
• Facility name
• Type of procedure performed
• Scope model or device information
• Lab culture results
• Infection diagnosis
• Hospital records
• Discharge summary
• Antibiotic treatment records
• ICU records
• Surgery records
• Medical bills
• Letters from the hospital about possible exposure
• Death certificate, if applicable
• Other evidence

A legal team may request medical records to determine whether the infection, timing, and procedure history support a potential claim. If you suspect a scope-related infection, you may ask your doctor for a copy of a culture and sensitivity report. This document identifies the exact strain of bacteria and which antibiotics it resists.

Potential compensation from medical scope infection lawsuit cases and settlement claims may include money damages for:

• Medical bills
• Hospitalization costs
• ICU expenses
• Surgery costs
• Medication costs
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Long-term care costs
• Disability
• Loss of quality of life
• Funeral expenses
• Wrongful death damages

The value of a claim depends on, among other things, the severity of the infection, proof of liability, medical evidence, long-term harm, and applicable state law.

Families may be able to file a medical scope wrongful death claim if a loved one died from sepsis, organ failure, bloodstream infection, pneumonia, or another serious infection that may be connected to a contaminated medical scope.

Wrongful death claims may require, among other things, medical records, procedure records, cause-of-death documentation, family relationship information, and proof that the infection was connected to the scope procedure or another legally responsible cause.

Yes. There are deadlines called statutes of limitation and statutes of repose that may limit the amount of time that individuals have to file an Olympus medical scope infection lawsuit. Some states may allow only a short period of time to bring a personal injury or wrongful death claim, while others may provide a longer deadline.

Determining the filing deadline in a specific situation can be complicated because different states apply different rules, exceptions, and other requirements. It is best to consult with an attorney as to how the statute of limitations applies to a particular case to avoid missing a potential deadline.

Because these cases require extensive investigation, injured patients and families should seek the help of a lawyer as soon as possible after discovering a serious infection that may be connected to an endoscope, duodenoscope, colonoscope, bronchoscope, or related medical scope.

After you submit a request for a free case review, your information is reviewed. A legal intake representative or attorney may contact you to discuss the procedure date, facility, infection diagnosis, symptoms, hospitalization, treatment, medical records and other information.

Submitting a case review request does not mean a lawsuit has been filed or that an attorney-client relationship has been created. Submitting a case review request also does not create any obligation for you to hire a lawyer, file a lawsuit, or move forward with a claim. It is only the first step in determining whether your claim may qualify.

If an attorney determines that they may be able to help you pursue compensation, and you decide you wish to move forward and hire them, they will provide you a written retainer or representation agreement that you and they will need to sign before they can represent you in a specific matter.

At this time, there are no reported global settlements resolving all Olympus scope infection lawsuits. There may be individual settlements or legal claims involving Olympus scope-related infections, but settlement availability depends on the specific facts of each unique case. Compensation is not guaranteed.

No, Olympus medical scope infection cases are generally not class actions. Instead, they are typically handled as individual personal injury lawsuits or consolidated into a Mass Tort (such as through Multidistrict Litigation or MDL).

In many serious injury cases, claims are handled individually because each patient’s medical history, procedure, infection diagnosis, injuries, treatment, and damages may be different. Even if multiple patients allege similar problems involving Olympus endoscopes or duodenoscopes, the facts of each case may require a separate review.

In other cases, similar product liability cases may be grouped together into a Mass Tort or MDL for efficiency through coordinated pre-trial proceedings, multidistrict litigation, or other court management procedures. Coordinated litigation may allow common issues, documents, expert testimony, and discovery to be handled together while each injured person’s claim remains separate. Oftentimes, a few representative cases are tried first to see how juries react to the evidence. These results don’t bind the other remaining cases but often set the value for settlements in those other cases.

While the terms “class action” and “mass tort or MDL” are often used interchangeably in casual conversation, there are critical legal differences in how they work, how claims are managed, and how compensation may be determined. In a class action, one or more representatives typically pursue claims on behalf of a larger group, while in a mass tort or multidistrict litigation, each injured person usually keeps an individual claim based on their own medical history, injuries, damages, and evidence.

There are no upfront costs. Medical scope infection cases are typically handled on a contingency fee basis, meaning injured victims (or their families in cases involving patients who died) pay no attorney’s fees or expenses unless compensation is successfully recovered.

If there is a recovery from a settlement or verdict, the attorney’s fee and expenses are paid out of the recovery. If a case is successful, the attorney’s fee is usually calculated as a percentage of the total recovery. This approach ensures that legal representation is accessible to all families, regardless of their financial situation. The actual fee arrangement, costs, and terms of representation will depend on the specific terms of any written agreement between the client and their lawyers.

The timeline can vary widely depending on the facts, defendants, medical records, court schedule, settlement discussions, and whether litigation is filed. Some claims may resolve sooner, while others may take longer (sometimes many years) if expert review, discovery, or trial preparation is needed.

You can request a free case review by completing the online Olympus medical scope infection case review form and providing basic information about your (or your loved one’s) Olympus scope procedure, infection diagnosis, medical treatment, and contact information. This information helps determine whether you or a loved one might qualify for a medical scope infection lawsuit or settlement.