New York, New York Scope Infection Lawsuit

Jed Dietrich, Esq., Recognized as a Super Lawyer and Lawyer of Distinction, is Committed to Providing Unparalleled Personal Injury Service. If You or a Loved One Has Been Diagnosed with a Serious Illness Caused By an Infected Medical Scope, the Dietrich Law Firm P.C. Could Help You Assert Your Rights to a Fair Recovery.

If you have ever had an endoscopy or similar procedure, your doctor probably used a scope made by a company called Olympus.

Even though Olympus is based in Japan, it sells its devices around the world. In the United States, Olympus has long been the leading provider of endoscopes. It also sells duodenoscopes and other special medical equipment designed to let doctors see deep inside the body.

However, despite its success, Olympus is no stranger to controversy.

Over the course of the past decade, Olympus has been repeatedly accused of selling scopes that are not safe for their intended use. In 2018, for instance, a federal court fined Olympus more than $85 million for failing to inform the Food and Drug Administration about a series of infections attributed to its devices. Several years later, the FDA sent Olympus a warning letter. In it, the agency claimed that one of the company’s subsidiaries had designed and sold scopes that were never adequately tested. Even after problems were reported, Olympus failed to raise the alarm, preferring to prioritize its continued profits over patient safety.

“Medical devices, such as the Olympus duodenoscope that is used in 500,000 procedures per year in the United States, can extend and improve the quality of life for many people,” the Justice Department said in 2018.  “But when a device manufacturer becomes aware of risks that could lead to illness, injury, or death, there is a statutory obligation to report that information to the FDA in a timely manner. By failing to do so, Olympus put patients’ health at risk.”

Olympus’s alleged disregard for patient safety is not speculative. The Food and Drug Administration believes that hundreds of Americans developed bacterial infections as the direct result of scope-related defects. These defects make it easy for pathogens to become trapped inside an endoscope’s intricate internal components between procedures. Even when doctors follow Olympus’s multi-step sterilization guide, some germs can still survive, posing an imminent and grave threat to the next patient.

The Dietrich Law Firm P.C. believes that patients should not have to pay the price for a multibillion-dollar company’s mistake. If a contaminated endoscope made you sick, our experienced team of Olympus injury lawyers could help you build a compelling, evidence-based case for compensation. A recognized U.S. News & World Report Best Law Firm, we have spent decades helping New Yorkers assert their rights to a fair recovery. We could help you, too. Please send us a message online or call us today at 1-866-529-5334 to speak to an endoscope injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Some Olympus scopes appear to contain multiple design defects.

From a superficial standpoint, endoscopes are not very complicated. They often resemble little more than a long, flexible tube with a camera and light attached to one end. However, this simple appearance belies an incredibly complex set of electronic assemblies and moving parts. These features, which include elevator mechanisms, sealed hinges, and hidden channels, are necessary for precision and maneuverability, but they can also make cleaning much more difficult.

Even when doctors follow all the right steps for sterilization, some germs can make their way into the tiny spaces between components. These components cannot always be removed, and they are often so tightly packed that liquid disinfectant cannot effectively target bacteria that have made their way inside.

In other words, bacteria from one patient can sometimes survive procedures being transported from one person to the next.

The risks of endoscope contamination are not speculative.

Olympus has repeatedly faced legal action for making the same kinds of mistakes. In 2018, the Justice Department sued Olympus because it failed to report a design defect to the FDA. This defect, which allowed bacteria to survive sterilization and remain on devices between procedures, led to an outbreak of bacterial infections across several European countries.

“Olympus and [an executive] failed to file important FDA reports regarding adverse events,” the Justice Department said in 2018. “It is especially troubling that they remained quiet when they received additional information from an independent expert questioning the safety of Olympus’ device. Patient safety must always be a paramount concern for medical device companies, and these defendants simply failed to treat that concern with the gravity it deserves.”

Aside from having to pay more than $85 million in fines and fees, Olympus was ordered to enact “extensive compliance reforms.” Since then, Olympus has repeatedly made headlines for making the exact same mistakes. In 2022, for instance, the Food and Drug Administration sent the company a warning letter detailing a litany of design and quality-control defects. And, less than three years later, the FDA issued an import alert targeting dozens of Olympus’s scopes.

To date, contaminated scopes have been tied to conditions including, but not limited to, the following:

1. Severe bacterial infections;
2. Sepsis;
3. Pneumonia;
4. Bloodstream infections;
5. Internal organ damage;
6. Internal tissue damage;
7. Antibiotic-resistant illnesses.

Under state and federal law, companies like Olympus have a legal obligation to warn the public of documented defects, especially defects that pose an obvious hazard to human health and well-being. If and when a company fails to fulfill its obligations, it could be held liable for the cost of resulting injuries.

If you or a loved one has been diagnosed with a bacterial infection or other serious illness caused by an Olympus endoscope, duodenoscope, or other similar medical device, you could be entitled to significant compensation for your injuries.

Depending on the circumstances of your case and the severity of your illness, you could stand to recover damages for:

1. Your outstanding hospital bills;
2. The costs of future or anticipated care;
3. Physical rehabilitation;
4. Mental health counseling;
5. Lost income from work;
6. Emotional pain and suffering;
7. Physical pain and suffering;
8. Disfigurement caused by corrective surgery;
9. Loss of enjoyment;
10. Wrongful death of a loved one.

Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients in and around New York City obtain more than $300 million in damages. We could help you, too, but you have to act fast. If you wait too long to contact an Olympus scope injury lawyer, key evidence could be lost, or the statute of limitations may expire, potentially limiting your right to recovery.

Do not take risks with your rights: call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a medical scope injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in New York, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!