Mass Tort Defective Medical Device

Olympus Scopes

“A device that couldn't be cleaned — and the outbreaks that followed.”

Olympus scopes are used in hundreds of thousands of GI and lung procedures every year. Their sealed design allegedly makes them impossible to fully disinfect — and patients paid the price in drug-resistant infections, sepsis, and death.

Case Snapshot
Injuries

CRE & superbug infection, sepsis, organ failure, death

Procedures

ERCP, endoscopy, colonoscopy, bronchoscopy

Defendant

Olympus Corp. (≈70% U.S. scope market)

Status

FDA import alert (2025); individual suits accelerating

Mass Tort • Defective Medical Device

The defect at the center of the case

Olympus manufactures the reusable flexible scopes used for GI and pulmonary procedures — ERCP duodenoscopes, bronchoscopes, colonoscopes, and endoscopes. Their intricate sealed ‘elevator’ and channel design is allegedly impossible to fully clean between patients, allowing bacteria — including drug-resistant superbugs — to travel from one patient to the next. Because a single contaminated scope serves many patients, one device can seed an entire cluster of infections.

Mass Tort • Defective Medical Device

Who may have a claim

Patients who underwent an ERCP, endoscopy, colonoscopy, or bronchoscopy with an Olympus scope and later developed a serious infection — particularly CRE, ESBL-producing bacteria, MRSA, C. diff, or Pseudomonas — and the families of patients who died. These devices were tied to some of the deadliest U.S. superbug outbreaks of the last decade.

Mass Tort • Defective Medical Device

The legal theory

Product liability: defective design of an uncleanable device, failure to warn through inadequate reprocessing instructions and delayed disclosure of known outbreaks, and negligence. A U.S. Senate investigation previously found Olympus knew of infection risks abroad before warning American hospitals — a recurring failure-to-warn theme.

Mass Tort • Defective Medical Device

Where the litigation stands

In June 2025 the FDA issued an import alert blocking more than fifty Olympus device models from entering the U.S., followed by an urgent field safety notice on duodenoscopes. Earlier resolutions include a roughly $6.6 million jury verdict and confidential individual settlements. New filings are accelerating, and there is no global settlement yet — meaning claims are being evaluated now.

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