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When A Medical Device Places Patients At Unnecessary Risk, Manufacturers Should Be Held Accountable

Kwartler Manus is investigating claims on behalf of patients who developed serious infections after procedures involving Olympus scopes. If you underwent an endoscopic procedure after 2015 and were later diagnosed with a severe infection—including sepsis, CRE, MRSA, E. coli, or another antibiotic-resistant infection—you may have legal rights. Our attorneys can review your medical records, determine whether an Olympus device may have been involved, and evaluate whether you qualify to pursue compensation for your injuries.

What Is the Olympus Duodenoscope Lawsuit About?

Olympus duodenoscope lawsuits involve allegations that certain reusable scopes used during Endoscopic Retrograde Cholangiopancreatography (ERCP) procedures were associated with the transmission of serious bacterial infections. ERCP is a specialized procedure used to diagnose and treat conditions affecting the:

  • Pancreas
  • Bile ducts
  • Gallbladder
  • Liver

Unlike traditional endoscopes, duodenoscopes feature a specialized elevator mechanism at the tip that helps physicians maneuver instruments during treatment. According to the U.S. Food and Drug Administration (FDA), the complex design of some duodenoscopes may impede effective cleaning and disinfection, potentially allowing bacteria to remain on the device despite standard reprocessing procedures.

Federal health agencies and medical researchers have documented outbreaks of contamination from duodenoscopes at healthcare facilities across the United States. Some outbreaks involved carbapenem-resistant Enterobacterales (CRE), a dangerous antibiotic-resistant bacterium that can be difficult to treat and may lead to life-threatening complications. The FDA estimates that approximately 500,000 ERCP procedures are performed annually in the United States using duodenoscopes, making patient safety concerns particularly significant.

Plaintiffs commonly allege that Olympus:

  • Designed duodenoscopes that were difficult to clean and disinfect adequately
  • Failed to warn healthcare providers about infection risks sufficiently
  • Did not promptly address known contamination concerns
  • Continued marketing certain devices despite reports of patient infections
  • Failed to implement safer design alternatives that could have reduced infection risks

As reports of infection outbreaks increased, the FDA and Centers for Disease Control and Prevention (CDC) issued safety communications and conducted investigations into contamination risks associated with reusable duodenoscopes. Patients who allegedly developed serious infections after exposure to contaminated devices have since pursued claims seeking accountability for the injuries and losses they suffered.

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What Claims Are Being Investigated?

Duodenoscope Infection Claims: Cases involving infections allegedly linked to ERCP procedures performed with Olympus duodenoscopes.

  • Endoscope Infection Claims: Claims involving other reusable Olympus endoscopic devices used in gastrointestinal or respiratory procedures.
  • CRE Infection Claims: Cases involving carbapenem-resistant Enterobacterales and other antibiotic-resistant bacterial infections.
  • Sepsis Claims: Claims involving life-threatening infections that progressed into systemic illness or organ damage.
  • Wrongful Death Claims: Cases involving patients who died from complications associated with severe infections following endoscopic procedures.
Katie Koelsch writing down client's statement

What Injuries and Complications Have Been Reported?

Patients pursuing Olympus scope claims often report serious infections and medical complications requiring hospitalization and extensive treatment. Reported injuries may include:

  • CRE infections
  • E. coli infections
  • Bloodstream infections
  • Sepsis
  • Internal infections
  • Organ damage
  • Respiratory complications
  • Extended hospital stays
  • Multiple corrective procedures
  • Permanent health complications
  • Wrongful death

Many patients required additional surgeries, intravenous antibiotics, intensive care treatment, or long-term medical monitoring after developing infections.

Federal Investigations and Olympus Safety Concerns

Federal regulators spent years investigating outbreaks of infections associated with reusable duodenoscopes.

In 2018, Olympus Medical Systems Corporation pleaded guilty to federal misdemeanor charges after admitting it failed to submit certain adverse-event reports to the FDA involving infections and contamination associated with its duodenoscopes. The company agreed to pay approximately $85 million in criminal penalties and forfeitures.

The FDA has also issued multiple safety communications regarding contamination risks associated with reusable duodenoscopes and encouraged healthcare providers to transition toward newer designs intended to reduce infection risks.

Who May Be Held Liable?

Depending on the facts, potentially responsible parties may include:

  • Olympus Medical Systems Corporation
  • Olympus Corporation
  • Medical device manufacturers
  • Component manufacturers
  • Hospitals
  • Healthcare systems
  • Endoscopy centers
  • Third-party reprocessing providers
  • Other entities involved in device maintenance or sterilization

A thorough investigation is often necessary to determine whether the device design, reprocessing procedures, maintenance practices, or another factor contributed to a patient's injuries.

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Do I Qualify for an Olympus Scope Lawsuit?

You may be eligible to pursue a claim if:

  • You underwent an ERCP procedure involving an Olympus duodenoscope
  • You underwent another procedure involving an Olympus endoscope
  • You developed a serious infection after the procedure
  • You were diagnosed with CRE, sepsis, E. coli, or another bacterial infection
  • You required hospitalization or significant medical treatment
  • A loved one died after developing an infection linked to an endoscopic procedure

Even if you are unsure whether an Olympus device was used during your treatment, medical records may provide answers.

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What Compensation May Be Available?

Victims harmed by defective medical devices may be entitled to recover compensation for:

Medical Expenses

  • Hospital bills
  • Emergency treatment
  • Surgeries
  • Follow-up care
  • Future medical treatment

Lost Income

  • Lost wages
  • Reduced earning capacity
  • Future income losses

Pain and Suffering

  • Physical pain
  • Emotional distress
  • Loss of quality of life

Permanent Injury Damages

  • Organ damage
  • Long-term health complications
  • Disability-related losses

Wrongful Death Compensation

Families may be able to pursue damages for:

  • Funeral expenses
  • Medical bills
  • Loss of financial support
  • Loss of companionship
  • Other legally recoverable losses

What Should You Do After a Suspected Olympus Scope Infection?

Seek Medical Care Immediately: Serious infections can become life-threatening if left untreated.

  • Preserve Medical Records: Keep copies of:
    • Procedure reports
    • Hospital records
    • Laboratory results
    • Infection diagnoses
    • Prescription records
    • Follow-up treatment documentation
  • Document Your Symptoms: Maintain a timeline of:
    • Fever
    • Chills
    • Hospital admissions
    • Additional procedures
    • Medical complications
  • Contact Kwartler Manus: The sooner we begin investigating, the sooner we can identify what device was used, preserve evidence, and determine whether you may have a viable claim.
David Kwartler

Why Choose Kwartler Manus to Pursue an Olympus Scope Claim?

Olympus scope claims involve complex medical evidence, FDA findings, infection timelines, and aggressive defenses from medical device manufacturers. Successfully pursuing a claim may require uncovering years of regulatory history, analyzing medical evidence, and proving how a dangerous product contributed to a patient's injuries.

Kwartler Manus is built for complex litigation. Our attorneys have handled more than 2,500 cases and participated in more than 250 jury trials, giving us the courtroom experience necessary to take on major corporations and their insurers. Founding partner David Kwartler has served as lead trial counsel in dozens of cases and recovered more than $100 million on behalf of clients, while founding partner Jason Manus has tried more than 100 jury trials to verdict and secured millions of dollars in recoveries for injured individuals and families.

Our team includes accomplished trial lawyers who have litigated complex injury, mass tort, and product liability matters against some of the largest companies in the country. When you hire Kwartler Manus, you get a firm that:

  • Builds every case with a trial-first mindset
  • Moves quickly to secure medical records and critical evidence
  • Understands the regulatory and scientific issues involved in defective medical device litigation
  • Has experience handling complex injury and mass tort claims
  • Provides direct communication and regular case updates
  • Refuses to let delays benefit manufacturers or insurance companies

Most importantly, we don't sit back and wait for the defense to dictate the pace of the case. We investigate aggressively, develop evidence early, and apply pressure from day one. That's how we create leverage. That's how we move cases forward. And that's how we fight to maximize our clients' compensation.

Olympus Scope FAQs

How do I find out whether an Olympus scope was used during my procedure?

Most patients do not know the manufacturer of the scope used during their procedure. However, hospitals and endoscopy centers often maintain records identifying the specific device used. Procedure reports, equipment logs, and medical records may help determine whether an Olympus duodenoscope, endoscope, or bronchoscope was involved.

How soon after a procedure can an infection develop?

The timing varies depending on the type of infection and the patient's overall health. Some patients develop symptoms within days, while others may not receive a diagnosis for weeks.

What symptoms may indicate a scope-related infection?

Symptoms can vary but may include:

  • Fever
  • Chills
  • Severe fatigue
  • Nausea or vomiting
  • Abdominal pain
  • Difficulty breathing
  • Bloodstream infections
  • Signs of sepsis

Any severe or worsening symptoms following an endoscopic procedure should be evaluated promptly by a medical professional.

Can I still make a claim if my infection eventually resolves?

Potentially. Even if an infection was successfully treated, you may still have suffered damages such as hospitalization, missed work, additional medical procedures, pain and suffering, or other losses. An attorney can evaluate whether the circumstances support a viable claim.

What if I don't know where the infection came from?

Many patients initially have no reason to suspect that a medical device may have contributed to their illness. Determining whether a contaminated scope played a role often requires reviewing medical records, procedure dates, infection diagnoses, and other evidence. An investigation may help identify whether there is a connection.

Will I need to obtain my own medical records?

Not necessarily. While any records you already have can be helpful, your attorney can often assist in obtaining procedure reports, hospital records, diagnostic testing, and other documents needed to investigate your claim.

Are only ERCP patients eligible to file an Olympus scope claim?

No. While many lawsuits involve duodenoscopes used during ERCP procedures, investigations may also involve other Olympus scopes used in gastrointestinal, respiratory, and related medical procedures. Eligibility depends on the specific device involved and the circumstances of the infection.

How long does an Olympus scope lawsuit take?

Every case is different. The timeline depends on factors such as the complexity of the medical evidence, the number of parties involved, the severity of the injuries, and whether the case resolves through settlement or proceeds to trial.

What does it cost to speak with Kwartler Manus about an Olympus scope claim?

Your initial consultation is free. During that consultation, our team can review the facts of your situation, answer your questions, and explain your legal options. If we accept your case, we typically handle qualifying claims on a contingency fee basis, meaning there are no attorney's fees unless we recover compensation for you.

Speak With an Olympus Scope Lawyer Today

If you developed a serious infection after an Olympus scope procedure, our attorneys are prepared to investigate what happened, identify responsible parties, and pursue the accountability and compensation you deserve. Contact Kwartler Manus today for a free and confidential consultation.

Legal Disclaimer: This page is provided for informational purposes only and does not constitute legal advice. Every case is unique. Prior results do not guarantee future outcomes. Reading this page does not create an attorney-client relationship. Consult an attorney regarding the specific facts and circumstances of your situation.

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