⚡ Quick Answer
What is the Olympus scope infection lawsuit? Patients allege that Olympus duodenoscopes, endoscopes, and bronchoscopes used in procedures like ERCP, colonoscopy, bronchoscopy, and upper endoscopy have design flaws that make them difficult to fully clean and disinfect, exposing patients to drug-resistant bacteria, sepsis, and other serious infections. Olympus pleaded guilty in 2018 to distributing misbranded duodenoscopes by failing to file FDA-required adverse-event reports. As of August 2026, no MDL has been filed and no global settlement exists — cases proceed individually in state and federal courts nationwide.
⚖️ Legally reviewed by William Ettenger, Esq.
Who Qualifies for This Lawsuit
Eligibility focuses on patients who developed a confirmed infection following a procedure that used an Olympus scope. You can pursue a claim for yourself or on behalf of a loved one, including in cases of wrongful death.
Qualifying Criteria:
How Olympus Scopes Caused Harm
Olympus manufactures duodenoscopes, endoscopes, and bronchoscopes used across ERCP, colonoscopy, bronchoscopy, and other procedures. Lawsuits allege the following patterns of misconduct and design failure:
1. Closed-Channel Design That Resists Sterilization
Certain Olympus duodenoscopes use a complex closed-channel "elevator" mechanism that allows bacteria and biological material to become trapped even after recommended high-level disinfection. The FDA has warned for years that this design can make full reprocessing difficult, increasing the risk of patient-to-patient infection transmission even when hospitals follow manufacturer instructions exactly.
2. Failure to Report Adverse Events
In 2018, Olympus pleaded guilty to a federal charge of distributing misbranded duodenoscopes, admitting it failed to file FDA-required adverse-event reports connecting its devices to patient infections and outbreaks at U.S. hospitals.
3. Insufficient Reprocessing Instructions
Olympus's October 2025 notice announced that hospitals now need 10x magnification inspection tools to properly check the scopes for residual contamination — tools hospitals had never previously been told were necessary. Lawsuits allege this is an admission that the cleaning and inspection instructions provided for years were inadequate.
4. Quality Control and Manufacturing Violations
The FDA issued import alerts in 2025 affecting dozens of Olympus devices manufactured at facilities in Japan after identifying quality system violations, adding to a pattern of recalls covering reprocessing equipment, duodenoscopes, and endoscope accessories.
Injuries & Infections Recognized in Claims
The strongest claims involve a confirmed infection documented in medical records directly following a procedure using an Olympus scope.
Olympus Scope Lawsuit Settlement Factors
As of August 2026, no MDL has been filed and no global settlement or verdict has established benchmark values for Olympus scope infection claims. Cases are proceeding individually, so compensation potential depends heavily on the specific facts of each case:
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Infection severity — sepsis, drug-resistant infections, ICU admission, or additional surgery typically yield higher compensation
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Documentation strength — records connecting the infection specifically to the Olympus scope and procedure, and ruling out other sources
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Economic losses — hospitalization costs, additional treatment, lost wages, and ongoing care
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Evidence of company knowledge — Olympus's 2018 guilty plea, its October 2025 safety notice, and the FDA recall history all support failure-to-warn theories
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Litigation posture — without an MDL or bellwether trial, there is no established settlement value yet; early individual filings may help shape how the litigation develops
Disclaimer: No Olympus scope infection settlements or verdicts have set benchmark values. Nothing on this page is a guarantee of qualification, compensation, or outcome. Actual results depend on case-specific facts and litigation developments.
Deadlines for Filing an Olympus Scope Lawsuit
Each state has strict statutes of limitations for product liability and personal injury claims — typically 1 to 4 years. Because there is no MDL to coordinate filings, individual state deadlines are the only thing standing between you and your claim. The discovery rule may apply if you only recently connected your infection to the procedure.
| State | Standard SOL | Discovery Rule | Key Notes |
|---|---|---|---|
| California | 2 years | Yes | Active individual filings reported |
| Pennsylvania | 2 years | Yes | Active individual filings reported |
| Florida | 2 years | Yes | Florida shortened its negligence SOL from 4 to 2 years in 2023 |
| Illinois | 2 years | Yes | A July 2026 case involving a C. difficile infection after colonoscopy was filed here |
| All Other States | Typically 1–4 years | Varies | Many states apply discovery rules to infection and device claims. Do not assume it is too late — consult an attorney immediately to confirm your deadline. |
Because many patients only learned their infection may be linked to a scope-cleaning defect after recent recalls and safety notices, discovery rules may extend your filing window. Do not assume it is too late without speaking to an attorney.
Find Out If You Qualify — Free Case Review
Attorneys are evaluating Olympus scope infection claims nationwide. You pay nothing unless compensation is recovered.
Start My Free Case ReviewOlympus Scope Lawsuit Updates — 2026
Last updated August 2026. We update this section with new recalls, safety notices, and case filings.
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July 2026 🔴 NewNew Illinois Case Filed; Wrongful Death Case Highlights Ongoing Risk: An Illinois woman filed a lawsuit alleging she developed a serious C. difficile infection after a colonoscopy using an Olympus device. Separately, a federal wrongful death lawsuit filed in June 2026 alleges an Olympus duodenoscope exposed a patient to a deadly drug-resistant infection. Industry publication Infection Control Today cited the case as a reminder of the continuing infection risks tied to reusable duodenoscope reprocessing.
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June 2026New Study on Duodenoscope Contamination Published: A study published in the medical journal Gut examined contamination risk differences between single-use and reusable duodenoscopes used during ERCP procedures, underscoring why contamination concerns surrounding reusable scopes remain a significant issue.
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March 2026FDA Recalls OER-Pro Endoscope Reprocessor: The FDA announced a Class II recall for the Olympus OER-Pro endoscope reprocessor after certain valves were found incompatible with the system, potentially affecting proper cleaning and increasing contamination risk.
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October 14–17, 2025Olympus Issues Urgent Field Safety Notice: Olympus admitted its prior reprocessing protocols for current-generation TJF-series duodenoscopes were insufficient and announced that 10x magnification inspection tools, never previously required, are now needed for proper scope inspection. The notice disclosed 2 confirmed patient deaths and 5 serious injuries linked to these current-generation scopes.
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2025FDA Import Alerts Target Olympus Manufacturing: The FDA issued import alerts affecting dozens of Olympus medical devices manufactured at facilities in Japan after identifying quality system violations, adding to regulatory scrutiny of the company's manufacturing practices.
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June 2025FDA Recalls Olympus TJF Duodenoscope: The FDA announced a Class II recall for the Olympus TJF duodenoscope after reports suggested the device could be more prone to bacterial contamination when not cleaned promptly after use.
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February 2025FDA Class I Recall of Endoscope Accessory: The FDA issued a Class I recall involving an Olympus endoscope accessory (MAJ-891) due to contamination risks reportedly linked to 120 injuries and 1 death.
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July 2023FDA Recalls TJFQ190V Duodenoscope: The FDA issued a Class II recall of an Olympus duodenoscope (TJFQ190V) after multiple reports of patient infections and contamination.
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2018Olympus Pleads Guilty to Federal Charges: Olympus pleaded guilty to distributing misbranded duodenoscopes, admitting it failed to file FDA-required adverse-event reports connecting its devices to patient infections and hospital outbreaks.
How the Olympus Scope Lawsuit Process Works
Attorneys accept Olympus scope infection cases on contingency — you pay nothing unless compensation is recovered.
- Free confidential consultation — Discuss your procedure, infection, and treatment history with an attorney at no cost. No records are required before reaching out.
- Confirming the device — Your attorney helps identify which Olympus device was used during your procedure through hospital and procedure records.
- Documenting your infection — Your attorney gathers medical records showing the infection diagnosis, treatment, hospitalization, and any connection to the procedure.
- Deadline analysis — Your attorney determines your state's statute of limitations and whether the discovery rule extends your window, since there is no MDL to rely on for filing coordination.
- Filing individually — Because no MDL or class action exists, your attorney files your claim individually in the appropriate state or federal court.
- Expert support — Infectious disease specialists and device experts substantiate that the Olympus scope's design or reprocessing failure caused your specific infection.
- Settlement or trial — Without established benchmarks, each case is negotiated or litigated on its own facts, informed by the FDA recall history and Olympus's own safety disclosures.
Frequently Asked Questions
What is the Olympus endoscope infection lawsuit?
Patients are filing lawsuits against Olympus alleging that certain reusable duodenoscopes, endoscopes, and bronchoscopes are difficult to fully clean and disinfect due to complex design features, exposing patients to serious and sometimes drug-resistant infections after procedures such as ERCP, colonoscopy, bronchoscopy, gastroscopy, or upper endoscopy. Olympus pleaded guilty in 2018 to distributing misbranded duodenoscopes by failing to file FDA-required adverse-event reports.
Who qualifies for an Olympus scope infection lawsuit?
You may qualify if you developed a confirmed infection, such as a drug-resistant bacterial infection, sepsis, or C. difficile, following a procedure that used an Olympus endoscope, duodenoscope, or bronchoscope, and the infection required hospitalization or additional treatment.
Is there an MDL or class action for Olympus scope lawsuits?
No. As of August 2026, no MDL has been filed or is pending, and no global settlement is on the table. Cases are proceeding individually in state and federal courts, with patients filing in California, Pennsylvania, Florida, Illinois, and other states.
What recalls has the FDA issued for Olympus scopes?
The FDA has issued multiple recalls, including a February 2025 Class I recall of an endoscope accessory linked to 120 injuries and 1 death, a June 2025 Class II recall of the Olympus TJF duodenoscope over contamination risk, and a March 2026 Class II recall of the Olympus OER-Pro endoscope reprocessor over incompatible valves. The FDA also issued 2025 import alerts affecting dozens of Olympus devices made in Japan after finding quality system violations.
What did Olympus disclose in its October 2025 safety notice?
Olympus admitted its prior reprocessing protocols for current-generation TJF-series duodenoscopes were insufficient, and announced that 10x magnification inspection tools, never previously required, are now needed for proper scope inspection. The notice disclosed 2 confirmed patient deaths and 5 serious injuries linked to these current-generation scopes.
How much is an Olympus scope infection lawsuit worth?
No global settlement or verdict has established benchmark values yet, since these cases are still proceeding individually. Compensation potential generally depends on infection severity, whether hospitalization or surgery was required, documentation quality, and whether wrongful death is involved.
