How Do Olympus Scopes Cause Conditions?
Reusable medical scopes — including the endoscopes used in colonoscopies, upper endoscopies, ERCPs, and bronchoscopies — are inserted into the body during common diagnostic procedures, then cleaned and reused on other patients. Because these devices make direct contact with internal tissue, thorough disinfection between uses is critical.
The FDA requires manufacturers to supply validated reprocessing instructions with every device. However, medical research has shown that harmful bacteria can remain on Olympus scopes even after cleaning in strict accordance with those manufacturer instructions. Studies have raised serious questions about whether the design of certain Olympus scopes makes it structurally impossible to fully disinfect them — regardless of the cleaning method used.
Patients across the country have reported developing serious conditions following Olympus scope procedures, prompting lawsuits and federal scrutiny of the manufacturer.
Why Are Olympus Scope Manufacturers Being Sued?
Lawsuits allege that Olympus failed to provide healthcare facilities with instructions adequate to properly clean and disinfect their medical scopes. Claims further allege that the design of the scopes themselves prevents effective sterilization, even when proper cleaning procedures are followed.
Internal company emails, first reported by the Los Angeles Times and Kaiser Health News, indicate that in 2013, Olympus headquarters instructed U.S. executives not to warn American hospitals about the alleged dangers of contaminated scopes. In the three years following that decision, 35 additional deaths occurred in U.S. hospitals after patients were reportedly harmed by contaminated duodenoscopes.
Plaintiffs in these cases argue that Olympus prioritized profit over patient safety and failed to warn healthcare providers and patients about the known risks associated with their devices.
Veterans and the Olympus Scope Lawsuits
There is evidence that tens of thousands of veterans may be among those harmed by Olympus reusable medical scopes. Olympus holds a significant share of the medical scope market in VA hospitals, making veterans a particularly affected population.
In 2009, Congress held a hearing to investigate reports of widespread scope-related exposures at VA medical facilities. The hearing revealed that nearly 11,000 veterans may have been exposed to dangerous contaminants through reusable medical scopes at just four VA facilities. Among patients tested, 13 were found positive for Hepatitis B, 34 for Hepatitis C, and 6 for HIV.
While early investigations focused on VA cleaning procedures, attention has since shifted to Olympus Corporation itself — the manufacturer of the majority of the scopes in use at those facilities. Veterans who had a diagnostic scope procedure at a VA facility since 2015 may have legal options beyond any existing VA benefits.
Criteria for Seeking Compensation
You may qualify for compensation if you meet the following criteria:
- You underwent a diagnostic scope procedure on or after January 1, 2015
- You experienced one of the following within 30 days of the procedure:
- Hospitalization with an infection requiring IV antibiotics
- Sepsis
- HIV diagnosis
- Tuberculosis diagnosis
- Organ failure
- A superbug infection (such as CRE or MRSA)
- Or you received a formal notice of exposure following an Olympus scope procedure
Certain procedures, including orthoscopes, ureteroscopes, and cystoscopes, may not be included in this lawsuit..
Frequently Asked Questions: Olympus Scopes
| What is the Olympus scope lawsuit? | Lawsuits allege that Olympus Corporation — the manufacturer of more than 70% of the reusable medical scopes used in U.S. hospitals — produced devices that could not be adequately cleaned between patients, and failed to warn healthcare providers and patients of the associated risks. |
| What procedures are involved? | The lawsuits involve diagnostic scope procedures including colonoscopies, upper endoscopies (EGD), ERCPs, bronchoscopies, and other procedures using Olympus reusable medical scopes. Orthoscopes, ureteroscopes, and cystoscopes are not included. |
| How do I know if I qualify? | You may qualify if you had a diagnostic scope procedure since 2015 and experienced a qualifying complication within 30 days, or received a formal notice of exposure. Complete the form or call (888) 804-9131 for a free case evaluation. |
| What is a duodenoscope? | A duodenoscope is a specialized type of flexible endoscope used in ERCP procedures to examine the small intestine and bile ducts. Duodenoscopes have been at the center of scope-related infection reports due to their complex design, which can make complete disinfection difficult. |
| Can veterans file a separate claim? | Yes. Veterans who were harmed by Olympus scope procedures at VA facilities may have legal options beyond existing VA benefits. CCK and Levin Papantonio are reviewing cases from veterans who had diagnostic scope procedures since 2015. |
| Is there a deadline to file? | Time limits — known as statutes of limitations — apply to these claims and vary by state. We encourage anyone who believes they may qualify to contact us as soon as possible. |
| How much does it cost to find out if I qualify? | Nothing. CCK offers a free case evaluation with no obligation. If we take your case, we work on a contingency basis — you pay nothing unless we recover compensation for you. |
Who We Are
Chisholm Chisholm & Kilpatrick, a national public interest law firm, is working with the law firm of Levin, Papantonio, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A., nationally recognized leaders in mass tort litigation.
Together, these firms are dedicated to helping individuals who may have been harmed by defective medical devices pursue the compensation they deserve. If you believe you may have been affected, we encourage you to complete the form or contact us to learn more about your legal options.
Ready to find out if you qualify?
Call (888) 804-9131 or complete the form on this page for a free case evaluation. Contact us today.