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Olympus Scope Infection Claims for Patients and Families Nationwide

If you or a loved one became seriously ill after an ERCP, colonoscopy, bronchoscopy, or other scope procedure, an Olympus endoscope lawyer at Correa & Martinez Trial Lawyers can review your medical records and help you understand whether a claim may be available. Our firm is based in Miami and reviews Olympus scope cases from patients in Florida and, where permitted, other states. These cases are part of our broader mass torts practice, and each one is evaluated on its own facts.

What Is an Olympus Endoscope Infection Claim?

An Olympus endoscope infection claim is a lawsuit alleging that a reusable Olympus scope carried bacteria from one patient to another and caused a serious infection. Endoscopes are flexible tubes with a camera and small working channels. Hospitals clean and disinfect them between patients through a process called reprocessing.

The design of some scopes can make cleaning difficult. The U.S. Food and Drug Administration has reported several key findings about duodenoscope safety:

  • Duodenoscopes are used in more than 500,000 ERCP procedures in the United States each year
  • Their many small parts can retain tissue or fluid if not thoroughly cleaned
  • The CDC first alerted the FDA in 2013 to a possible link between these scopes and multidrug-resistant bacteria
  • Infections were occurring even when facilities confirmed they had followed the manufacturer's cleaning instructions

That last finding is central to many claims because it points to the device itself rather than to human error at the hospital.

Medical professional holding a reusable endoscope

Current Status of Olympus Endoscope Litigation (Updated September 2026)

As of September 2026, Olympus endoscope cases are not consolidated into a federal multidistrict litigation (MDL). The Judicial Panel on Multidistrict Litigation's September 1, 2026 report lists 166 active MDLs, and none involves Olympus scopes. Claims are generally pursued as individual lawsuits, meaning each case is built around one patient's procedure, infection, and losses.

Several federal actions form part of the public record behind these claims:

  • 2018 guilty plea: Olympus Medical Systems Corporation and a former senior executive pleaded guilty in federal court to failing to file FDA-required reports of infections connected to its duodenoscopes while continuing to sell them. According to the Department of Justice, the company agreed to pay $85 million.
  • 2025 FDA import alerts: In June 2025, the FDA issued import alerts blocking certain Olympus ureterorenoscopes, bronchoscopes, laparoscopes, and automated endoscope reprocessors from entering the U.S. due to outstanding quality system violations.

Because this litigation is still developing, the landscape may change. An MDL could be requested in the future, and new regulatory actions may affect individual claims. Correa & Martinez monitors these developments and will update this page as the status changes.

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Who May Qualify for an Olympus Endoscope Claim?

You may qualify for an Olympus endoscope claim if you had a procedure performed with an Olympus scope and later developed a serious, documented infection. Procedures that commonly involve reusable scopes include:

  • ERCP (endoscopic retrograde cholangiopancreatography), which uses a duodenoscope
  • Colonoscopy
  • Upper endoscopy (EGD)
  • Bronchoscopy
  • Ureteroscopy or other urinary tract procedures

Several factors can affect whether you are eligible for an Olympus endoscope claim, including:

  • How soon your symptoms appeared after the procedure
  • Whether the infection required hospitalization
  • What your records show about the device used

Meeting these general criteria does not guarantee a viable claim, and falling outside them does not necessarily rule one out. A detailed review of your records is the best way to understand where you stand.

Potential Injuries and Complications From Contaminated Scopes

Infections linked to contaminated scopes can range from treatable illnesses to life-threatening conditions. Complications reported in connection with scope procedures include:

  • Antibiotic-resistant bacterial infections, sometimes called superbugs
  • Sepsis or septic shock
  • Bloodstream infections
  • Pneumonia or respiratory infections following bronchoscopy
  • Organ damage or failure requiring additional surgery
  • Death, which may support a wrongful death claim by surviving family members

Patients who were already managing pancreatic, bile duct, or lung conditions may face a higher risk of severe outcomes. Your treating physicians are the right people to ask for medical questions about your infection.

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Who May Be Held Liable in an Olympus Scope Case?

The manufacturer is typically the primary defendant in an Olympus scope case. Claims often allege that:

  • The scope was defectively designed
  • It was difficult or impossible to clean as instructed
  • Olympus failed to warn hospitals and patients about known infection risks

In some situations, a hospital or outpatient center may also share responsibility, such as when a facility did not follow reprocessing protocols.

Claims against health care providers are often subject to separate medical malpractice rules that vary by state. For example, claims against health care providers in Florida are subject to separate medical malpractice rules, including presuit requirements, so identifying every responsible party early is important.

Compensation That May Be Available

If a claim is successful, compensation may be available for losses resulting from a scope-related infection. Depending on the facts, recoverable damages may include:

  • Past and future medical expenses, including hospitalization and long-term care
  • Lost wages and reduced earning capacity
  • Pain, suffering, and emotional distress
  • Wrongful death damages for surviving family members

The value of any claim depends on the severity of the infection, the strength of the evidence, and the applicable law. No specific outcome can be promised in any case.

What Correa & Martinez Trial Lawyers Can Do For You

Correa & Martinez Trial Lawyers brings more than 84 years of combined legal experience to complex injury litigation. Founding partner Octavio L. Martinez is a Board Certified Civil Trial Lawyer, and the firm is admitted to practice in both state and federal court, where many product liability cases against device manufacturers are litigated.

As a boutique Miami firm, we intentionally limit our caseload so that clients work directly with their attorneys rather than being passed between staff. In past cases, our attorneys have worked with medical and vocational experts and prepared detailed medical illustrations to show the full impact of a client's injuries. That same preparation guides our approach to an Olympus scope claim, from gathering procedural records to working with qualified experts on causation.

When you work with Correa & Martinez on an Olympus endoscope lawsuit, you can expect:

  • A free consultation and a case review focused on your records
  • Representation on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you
  • Service in English and Spanish
  • Trial attorneys who prepare every case as if it may go before a jury
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What to Do If You Believe You Have an Olympus Endoscope Claim

  • Get medical care first. Seek treatment for any fever, pain, or other symptoms after a scope procedure, and follow your doctor's instructions.
  • Request your records. Ask for your procedure notes, discharge papers, lab and culture results, and any documentation identifying the scope used.
  • Keep any exposure notice. If a hospital sent you a letter about possible contamination, save it along with the envelope.
  • Avoid signing releases or giving recorded statements. Speak with an attorney before responding to a hospital, manufacturer, or insurer.
  • Talk to a lawyer promptly. Evidence and deadlines can be affected by delay, so an early review gives your attorney more options.

How Long Do You Have to File an Olympus Scope Claim?

Every state sets its own deadlines for filing an Olympus endoscope lawsuit, and those deadlines can depend on the legal theory, the parties involved, where the procedure took place, and when the injury was discovered. Some states allow as little as one or two years for certain injury claims, while others allow more time or pause the clock until an injury is discovered.

Talk to an Olympus Endoscope Lawyer

A serious infection after a routine procedure can upend your health, your finances, and your family's plans. If you suspect a contaminated scope played a role, speaking with an Olympus endoscope lawyer can help you understand your options before important deadlines pass.

At Correa & Martinez Trial Lawyers, you will work directly with experienced trial attorneys, including a Board Certified Civil Trial Lawyer, who have spent decades holding powerful defendants accountable. We offer free, confidential consultations in English and Spanish, in person at our Miami office or by phone. Contact us or call (305) 902-6110 to schedule your case review today.

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FAQs

Is there an Olympus class action or MDL I can join?

How do I know if an Olympus scope was used during my procedure?

Can I have a claim if the hospital followed the cleaning instructions?

Can my family file a claim if a loved one died after a scope procedure?

Can I file an Olympus scope claim if I live outside Florida?

How much does it cost to work with Correa & Martinez?

Is there an Olympus class action or MDL I can join?

No federal MDL for Olympus scope cases appears on the JPML's September 2026 report, and claims are generally being filed as individual lawsuits. That status could change, so it is worth confirming the current picture with an attorney.

How do I know if an Olympus scope was used during my procedure?

Hospitals and surgery centers typically record the device used in your medical file. Correa & Martinez can request and review those records as part of your case evaluation.

Can I have a claim if the hospital followed the cleaning instructions?

Possibly. The FDA has reported that duodenoscope infections occurred even when facilities followed the manufacturer's reprocessing instructions, which is why many claims focus on the device's design and warnings.

Can my family file a claim if a loved one died after a scope procedure?

Wrongful death laws vary by state, but most allow certain surviving family members or the estate to seek compensation. In Florida, for example, the claim is brought by the estate's personal representative on behalf of surviving family members. Wrongful death deadlines are often shorter than those for other injury claims, so families should seek guidance promptly.

Can I file an Olympus scope claim if I live outside Florida?

Possibly. Where a claim can be filed depends on where the procedure took place, where the parties are located, and each state's rules. Correa & Martinez can review your situation and explain what options may be available.

How much does it cost to work with Correa & Martinez?

Consultations are free, and Olympus scope cases are handled on a contingency fee basis. You pay no attorney fees unless the firm recovers compensation for you.

Disclaimer: The information on this page is provided for general informational purposes only and is not legal advice. The law is extremely nuanced, and every case should be evaluated individually based on its specific facts. Past results do not guarantee future outcomes.

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