If you or a loved one suffered from an infection after having a colonoscopy, endoscopic retrograde cholangiopancreatography (“ERCP”), endoscopy, cystoscopy, bronchoscopy, or other procedure involving an Olympus medical scope (i.e., endoscope or duodenoscope), you may be entitled to compensation from an Olympus medical scope infection lawsuit case or settlement claim.
A team of medical device injury lawyers and class action attorneys is investigating potential Olympus medical scope infection lawsuit and settlement cases of individuals who claim to have suffered an infection after having a colonoscopy, ERCP, endoscopy or other procedure involving an Olympus endoscope or duodenoscope.
An endoscope (an internal medical scope) is a medical device that doctors use to look inside the body through natural openings (mouth, nose, or rectum), usually made of a thin “snake-like” tube with a light, camera and (sometimes) an elevator mechanism that helps guide tools through the scope to take biopsies, remove tissue, or do treatment. Different types of endoscopes include a gastroscope (esophagus, stomach, and duodenum), colonoscope (colon and rectum), duodenoscope (bile and pancreatic ducts), bronchoscope (airways and lungs) and cystoscope (bladder and urethra), among others.
Unfortunately, certain Olympus brand endoscopes and duodenoscopes have been the subject of allegations that their complex design and reprocessing features made them difficult to properly clean and disinfect, leading to the possible transmission of antibiotic-resistant “superbugs” between patients and potentially increasing the risk of infection.
Injured patients (and, in some cases, their family members) are now coming forward and filing Olympus endoscope infection lawsuits seeking compensation and justice for harm and suffering they may have endured after a procedure involving an Olympus endoscope or duodenoscope.
Olympus Medical Scope Infection Lawsuit: Overview
- What Are The Olympus Medical Scope Infection Lawsuits About?
- What Is A Medical Scope (Endoscope or Duodenoscope)?
- What Medical Procedures Are Endoscopes Used In?
- Who May Qualify For an Olympus Scope Lawsuit or Settlement?
- What Injuries May Be Caused By A Contaminated Medical Scope?
- Are Medical Scopes Linked to Increased Risk of Infection?
- Why Are Endoscopes Difficult to Clean and Disinfect?
- How Does Biofilm Form On Medical Scopes?
- What Are The Signs or Symptoms of Infection?
- How Are Infections From Scopes Medically Treated?
- What Companies Have Been Sued in Scope Infection Litigation?
- Can I Recover Compensation From an Olympus Infection Lawsuit?
- Is There A Time Limit To File an Olympus Scope Lawsuit?
- Request A Free Case Review From An Olympus Scope Injury Lawyer
Olympus Scope Infection Lawsuits and Settlements
Olympus medical scope infection lawsuit cases and settlement claims potentially being investigated include claims of patients who had a colonoscopy, ERCP, endoscopy, cystoscopy, bronchoscopy, or other procedure involving an Olympus endoscope or duodenoscope and subsequently suffered serious injuries or complications, including:
- Infection
- Sepsis
- Septic shock
- Bacteremia (bloodstream infection)
- HIV (human immunodeficiency virus)
- Tuberculosis
- Cholangitis (bile duct infection)
- Carbapenem-resistant enterobacteriaceae (CRE)
- E. coli infection (escherichia coli)
- Klebsiella infection
- Enterococcus infection
- Staphylococcus aureus (MRSA)
- Pseudomonas infection
- Superbug infection
- Antibiotic-resistant bacterial infection
- Pneumonia
- Organ failure
- Death
- Other medical scope injury or complication
If you or a loved one suffered an infection after having a colonoscopy, ERCP, endoscopy or other procedure involving an Olympus endoscope or duodenoscope, you may be eligible to recover compensation from an Olympus medical scope infection lawsuit or settlement case.
Olympus Scope Infection Lawsuit Complaints
Individuals who have suffered from infection and related complications after having procedure involving an Olympus endoscope or duodenoscope have filed lawsuits seeking to recover money damages for the injuries they have suffered.
The Olympus medical scope injury lawsuits allege, among other things, that certain Olympus reusable endoscopes and duodenoscopes (and/or in some cases, compatible accessories) were defectively designed because they were difficult to adequately clean and disinfect, allowing contamination to persist and infections to be transmitted between patients; that Olympus knew or should have known the devices could remain contaminated after use and reprocessing yet failed to provide adequate warnings and instructions about those infection risks; and that Olympus may have failed to timely report adverse events and other safety information to regulators despite known infection-related incidents.
According to Olympus lawsuit complaints, patients who were exposed to contaminated Olympus scopes during endoscopic procedures may be at an increased risk of suffering life-threatening injuries, including but not limited to, CRE and other drug-resistant infections, sepsis, repeat hospitalizations, organ complications, and death.
Olympus lawsuit complaints may assert legal claims for, among other things: negligence, strict liability/negligent failure to warn about infection risks, strict liability/negligent design defect that allegedly made certain scopes incapable of being adequately sterilized or cleaned, negligent misrepresentation, fraudulent misrepresentation, breach of warranty (express and implied) and, in cases involving plaintiffs who have died after a procedure-related infection, wrongful death and survival claims.
The Olympus medical scope infection lawsuits may seek to recover compensatory damages, including past and future medical expenses, past and future pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and disability, disfigurement, past and future loss of consortium, past and future lost wages, including loss of earnings and loss of earning capacity, funeral and burial expenses and/or other consequential damages.
Companies Sued Over Olympus Scope Injuries
Defendants in the Olympus medical scope lawsuits have included:
- Olympus America, Inc.
- Olympus Corporation of the Americas
- Olympus Medical Systems Corp.
- Other possible defendants
Olympus is a Japanese manufacturer of optic and reprography products that has roughly a 70 percent share of the global endoscope market, which is estimated to be worth several billions of dollars.
Medical Procedures Where Scopes Are Used
Physicians perform numerous medical procedures using endoscopes to examine, diagnose, and/or treat problems inside the body, including:
- Upper Endoscopy (EGD): An upper endoscopy is a medical procedure whereby a doctor uses a scope such as gastroscope (a flexible, forward-viewing endoscope inserted through the mouth) to examine the lining of the esophagus, stomach, and the first part of the small intestine (duodenum) to find ulcers, inflammation, acid reflux, or causes of bleeding.
- Colonoscopy: A colonoscopy is a medical procedure whereby a doctor uses a scope such as colonoscope (a long, flexible scope inserted through the anus) to look inside the entire large intestine (colon) and rectum to screen for cancer, polyps or find the cause of abdominal pain.
- ERCP: An endoscopic retrograde cholangiopancreatography or ERCP is a highly specialized medical procedure whereby a doctor uses a scope such as duodenoscope (a side-viewing scope with a “periscope” camera and an elevator lever to steer tools into tiny ducts) to find and treat blockages in the bile and pancreatic ducts, such as gallstones or tumors.
- Bronchoscopy: A bronchoscopy is a medical procedure whereby a doctor uses a scope such as bronchoscope (a very thin, flexible scope inserted through the nose or mouth) to view the throat, larynx, trachea, and lower airways to diagnose infections or take biopsies of lung masses.
- Cystoscopy: A cystoscopy is a medical procedure whereby a doctor uses a scope such as cystoscope to to examine the inside of the bladder and the urethra to find the cause of blood in the urine or frequent infections.
- Other Procedures: Medical scopes are used in numerous other procedures including laparoscopy (abdomen, pelvis, gallbladder), arthroscopy (joints), ureteroscopy (tubes or ureters connecting kidneys), hysteroscopy (uterus), thoracoscopy (space between the lungs and the chest wall), sigmoidoscopy (last third of the colon), cholangioscopy or choledochoscopy (biliary tree/bile ducts) and enteroscopy (small intestine), among others.
It has been estimated that millions of endoscopic procedures are performed annually in the U.S., including about 15 million colonoscopies, 7 million upper endoscopies, and several million cystoscopies, ERCPs, bronchoscopies and other scope-related procedures.
Link Between Medical Scopes and Infections
Medical scopes, particularly flexible endoscopes such as duodenoscope used in procedures like colonoscopies or ERCPs, are one of the highest-risk medical instruments for spreading infections. Such scopes carry infection risks because they are reusable devices (used from one patient to the next) that contact internal body surfaces and bodily fluids, so any microorganisms left behind after a procedure can potentially be passed to the next patient if cleaning and disinfection are inadequate.
This risk is heightened by the complex design of many flexible scopes, which often include narrow internal channels, moving parts, and hard-to-reach areas where blood, tissue, fluids, and other biological material can collect during use. Even when reprocessing protocols (the step-by-step procedures used to make a reusable medical device safe for the next patient) are followed, these features can make thorough cleaning and high-level disinfection more difficult, increasing the possibility that contamination may persist and contribute to cross-contamination or infection transmission between patients.
Difficulty Of Cleaning or Disinfecting Scopes
Unfortunately, some endoscopes and duodenoscopes can be difficult (and sometimes nearly impossible) to clean and disinfect due to, among other things, their complex physical architecture and material sensitivity:
- Elevator Mechanism: Certain specialized scopes, such as duodenoscopes used during ERCP, have a small movable part (a tiny metal lever, flap or bridge) located near the tip of the scope known as an elevator mechanism. By manipulating a control handle at the top of the scope, a physician can raise, lower, and direct accessories such as guidewires, catheters, needles, forceps and other instruments as they pass through the scope, which makes precise access to certain areas, such as the bile or pancreatic ducts, possible. Unfortunately, the elevator mechanism has moving parts, intricate hinges and joints, tight recesses, jagged crevices, and hard-to-reach surfaces where organic debris can easily become trapped and can make cleaning and disinfection more difficult than with simpler scope designs.
- Distal Ends and Tip Components: The distal end and tip components of certain endoscopes come into the most direct and prolonged contact with high concentrations of bodily fluids, such as stomach acid and bile. This area can house a camera lens, light guides, and instrument ports, all of which are crowded into a very small surface area. The high density of different materials (glass, plastic, or metal) can mean that there are numerous “seams” where the parts meet, which are magnets for contamination, requiring extreme precision to ensure every millimeter of the tip is free from microscopic debris before used on the next patient.
- Hinges and Joints: The distal tip of some endoscopes contains various hinges and joints that allow the device to bend and navigate the curves of the human body. These mechanical pivot points are essential for maneuverability but act as “debris traps” that catch and hold material in recessed areas. During the cleaning process, these joints are frequently in a “closed” position, meaning that the disinfectant cannot reach the underside of the hinge where contaminated material is wedged. This makes them one of the most difficult areas to effectively decontaminate without specialized tools or ultrasonic cleaning.
- Narrow Internal Channels: Running the length of certain scopes are narrow internal channels (lumens) for air, water, and suction. These tubes are so thin (often measuring only a few millimeters in diameter) and long that they are nearly impossible to inspect visually for cleanliness. During a procedure, these lumens are used to suction out fluids or deliver water, allowing fluids and biological material to build up along the inner walls. Because these tubes are so long and thin, they are prone to “wall-shingling,” a process where layers of organic matter dry and stack on top of each other. If these channels are not flushed and scrubbed immediately, the buildup hardens into a thick layer that blocks disinfectants from reaching the surface of the tube.
- Sealed Internal Parts: To protect the sensitive electronics and fiber optics from the harsh chemicals used in disinfection, many scopes utilize sealed internal parts. While these seals are intended to keep fluids out, they create a “black box” because these areas cannot be fully accessed or directly seen during the cleaning process. If a seal develops a microscopic tear or “stress crack,” contaminated fluids can seep into these dead spaces. Once inside, the pathogens are completely shielded from cleaning brushes and chemical baths, essentially turning the scope into a permanent reservoir for infection that no amount of surface washing can fix.
- Material Sensitivity To Cleaning and Disinfecting: Some endoscopes are made of heat-sensitive polymers, rubbers, and delicate fiber-optic glass which cannot be disinfected using an autoclave (i.e., a high-pressure steam at temperatures of over 250°F) since the lenses would crack, the internal electronics would fry, and the plastics would melt. Instead, liquid chemicals must be used, which can be less effective than heat at penetrating the protective “slimy” biofilms bacteria build and can fail against highly resistant bacterial spores.
Scopes Are Susceptible To Biofilm Formation
Medical scopes are susceptible to biofilm formation, a sophisticated survival strategy where bacteria transition from free-floating cells to a resilient, multicellular community with a protective layer that shields pathogens from chemical cleaners. This process begins within minutes of a procedure as proteins and organic debris from the patient adhere to the scope’s internal channels, creating a “conditioning layer.” Bacteria then latch onto this surface and secrete Extracellular Polymeric Substances (EPS), a sticky, sugary matrix that acts as a physical shield. Within this “slime” layer, pathogens may be up to 1,000 times more resistant to high-level disinfectants (HLD).
Once this biolfilm is built inside the scope’s tiny tubes, it is almost impossible to get out. The next time a doctor uses that scope, the shield can break open, and the “superbugs” inside can crawl out and infect a new patient. Because these scopes are often too delicate to be boiled or steamed, that sticky slime is the ultimate hiding spot for germs.
Medical Scope Infection Signs and Symptoms
Signs and symptoms of infection from a medical scope, such as an endoscope or duodenoscope, can include:
- Fever (pyrexia)
- Chills and shivering
- Fatigue and malaise
- Aches and pains
- Abdominal pain
- Chest pain
- Myalgia (muscle pain)
- Arthralgia (joint pain)
- Pain at affected site
- Nausea, vomiting, or diarrhea
- Cough
- Erythema (redness)
- Edema (swelling)
- Pus, drainage or discharge
- Swollen or tender lymph nodes
- Shortness of breath
- Rapid breathing (tachypnea)
- Rapid heart rate (tachycardia)
- Drop in blood pressure (hypotension)
- Bloody stool (dysentery)
- Painful urination (dysuria)
- Blood in urine (hematuria)
- Decreased urine output (oliguria)
- Confusion, lethargy, or disorientation
- Jaundice
- Other symptoms or signs of infection
Patients who develop infections after a contaminated scope procedure often begin experiencing symptoms within 24 to 48 hours, although some infections may take several days or even weeks to appear.
Medical Treatment For Infection Complications
Medical treatment for infection complications depends on the type of infection, how severe it is, and which parts of the body are affected. In many cases, treatment begins with prompt medical evaluation, laboratory testing, imaging, and other diagnostic measures to determine the source of the infection and whether it has spread. Early diagnosis is important because infections associated with medical procedures can worsen quickly and may require urgent intervention.
Antibiotics And Other Medications: Many patients with infection complications are treated with antibiotics or other anti-infective medications. The specific medication may depend on the suspected organism, the site of infection, and whether the patient is showing signs of a resistant or more serious infection. In some cases, doctors may begin broad-spectrum antibiotics right away and later adjust treatment once culture results or other test findings become available.
Hospitalization and IV Antibiotics: When an infection causes more serious complications, treatment may require hospitalization and supportive care. Patients may need intravenous fluids, IV antibiotics, pain control, oxygen, close monitoring, and treatment for fever, dehydration, or low blood pressure (such as vasopressor medications that tighten blood vessels to keep blood flowing to the brain and heart). If the infection progresses into the bloodstream or leads to sepsis, emergency care may be required to stabilize the patient and prevent organ damage. In some cases, treatment may require mechanical ventilation (for respiratory failure caused by pneumonia or sepsis), dialysis (if an infection causes the kidneys to fail) or immunotherapy using corticosteroids (to dampen an overactive immune response).
Surgery and Follow-Up Imaging: Some infection-related complications also require additional medical procedures or surgeries. For example, doctors may need to drain an abscess, remove infected tissue (debridement), place a stent, relieve an obstruction, or perform another procedure to address the source of the infection. In gastrointestinal, urinary, or respiratory infections, treatment may include repeat imaging or follow-up procedures to ensure the infection has been controlled and that no further complications are developing.
Prognosis: Recovery can vary from patient to patient. Some individuals improve with medication alone, while others may face prolonged hospitalization, follow-up visits, repeat testing, rehabilitation, or treatment for lasting complications. Because infections can become life-threatening if left untreated, anyone who develops symptoms such as fever, chills, worsening pain, shortness of breath, confusion, or other signs of serious illness after a medical procedure should seek prompt medical attention.
Compensation For Olympus Scope Injury Claims
Plaintiffs who bring an Olympus medical scope infection lawsuit may be able to recover compensation for the injuries and harm suffered, including money damages for:
- Pain and suffering
- Loss of wages or earnings due to missed work
- Loss of future earning capacity
- Medical care expenses incurred or to be incurred
- Other out of pocket expenses
- Loss of quality or enjoyment of life
- Mental anguish/emotional distress
- Loss of consortium
- Other possible monetary damages
Certain family and loved ones of individuals who may have died as a result of an infection may be able to recover financial compensation from an Olympus wrongful death lawsuit or settlement claim. Olympus wrongful death lawsuit damages might include, among other things, pecuniary losses suffered by a surviving spouse or next of kin of the deceased family member, such as past and future loss of money, income, benefits, goods, services, or loss of society (i.e., love, affection, care, attention, companionship, comfort, guidance, and protection).
Time Is Limited To File An Olympus Scope Lawsuit
Deadlines called statutes of limitation and statutes of repose may limit the amount of time that individuals have to file an Olympus medical scope infection lawsuit to try to recover compensation for injuries they claimed to have suffered after having colonoscopy, ERCP, endoscopy or other procedure involving an Olympus endoscope or duodenoscope.
This means that if an Olympus lawsuit case is not filed before the applicable time limit or deadline, the claimant may be prohibited from ever pursuing litigation or taking legal action regarding the medical scope injury claim. That is why it is important to connect with an Olympus medical scope injury lawyer or attorney as soon as possible.
If you or a loved one were injured or suffered complications after having a colonoscopy, ERCP, endoscopy or other procedure involving an Olympus endoscope or duodenoscope, you may be entitled to recover compensation from an Olympus endoscope lawsuit case or settlement claim. Contact a medical device injury lawyer to request a free case review.
*If you or a loved one are experiencing health issues, side effects or complications from a medical device or healthcare product, we urge you to promptly consult with your doctor or physician for an evaluation.
**The listing of a company (e.g., Olympus America, Inc., Olympus Corporation of the Americas, Olympus Medical Systems Corp. etc.) or product (e.g., Olympus endoscope or duodenoscope, etc.) is not meant to state or imply that the company acted illegally or improperly or that the product is unsafe or defective; rather only that an investigation may be, is or was being conducted to determine whether legal rights have been violated.
***The use of any trademarks, tradenames or service marks is solely for product identification and/or informational purposes.
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