Olympus Scopes Lawsuit
PRACTICE AREAS
The Olympus scopes lawsuit is a product liability claim filed by any patient who developed a serious infection after a medical procedure using a defectively designed or contaminated Olympus endoscope.
- Who’s filing Olympus lawsuits: patients with infections caused by defective products used in Olympus scope procedures and families in wrongful death cases. Olympus scope infection lawsuits focus on procedures performed since 2015.
- Core allegation: defective medical device design + failure to warn about serious patient infections
- Current status: numerous lawsuits filed individually against Olympus Medical Systems in state and federal courts; no MDL or class action yet
- Reich & Binstock is investigating Olympus surgical scope lawsuits nationwide
Individuals who develop infections after an endoscopy may be eligible for compensation. If you or a loved one were harmed by a contaminated scope, call 713-622-7271 for a free case evaluation.
What Is the Olympus Scope Lawsuit About?
An Olympus scope lawsuit is a product liability claim based on a simple allegation: the company designed Olympus endoscopes that can’t be fully cleaned, then failed to warn patients, healthcare providers, and hospitals about the resulting risk of infection, despite having expert reports cited by the DOJ in 2012.
Patients who developed a serious infection after a routine endoscopy are now holding the manufacturer responsible for the harm and devastating losses the contaminated devices caused.
The endoscopes are reusable, meaning the product used during your procedure was likely already inside dozens or hundreds of patients before you. When medical devices can’t be reliably sterilized between patients, bacteria survive and travel to the next person.
- Reusable by design: a single scope goes through many patients, so contamination that survives cleaning spreads widely before it’s caught.
- A design defect: the cases argue that an endoscope not able to undergo disinfection is defective. No matter how careful a hospital follows cleaning instructions, it still can’t be sterilized.
- Concealment and failure to warn: the claims also allege negligence and fraud in how the devices were marketed, including Olympus’s failure to report known infection outbreaks to U.S. regulators while continuing to sell the scopes.
Olympus scope claims fall under the broader category of defective medical devices and pharmaceutical injuries, an area where Reich & Binstock represents injured patients nationwide.
Types of Endoscopic Procedures Using Olympus Scopes
The medical device manufacturer makes reusable scope accessories used by millions of medical professionals in the U.S. every year. The same Olympus device that was used in your surgery was almost certainly used to diagnose or treat several other patients before you. Because adequate cleaning instructions for proper disinfection weren’t included in the manufacturer’s instructions, surgical centers across the country were using contaminated devices inadequately cleaned by the automated endoscope reprocessors, and a number of patients suffered life-threatening infections.
If you developed a serious infection after one of the endoscopic procedures below, our attorneys can help you pursue compensation through an Olympus scopes lawsuit.
Here is what each scope procedure involves and where the Olympus scope infection lawsuit stands today.
ERCP Procedure: Olympus Duodenoscope
Surgical centers use ERCPs to examine and treat problems in the bile ducts, pancreas, and gallbladder. During ERCP procedures, the long Olympus duodenoscope is passed into the small intestine. ERCPs are one of the most common advanced endoscopic procedures in the country. Over 600,000 ERCP procedures are performed annually in the U.S., and ~70% use the Olympus duodenoscope.
The Olympus duodenoscope carries the highest infection risk of any Olympus device. Proper disinfection is almost impossible due to its microscopic crevices. This medical device design is linked to the original “superbugs” that first drew national attention.
Patient safety concerns with ERCP procedures aren’t ancient history. In October 2025, Olympus issued an Urgent Field Safety Notice acknowledging that its cleaning protocols were insufficient to fully prevent infection risk. When ERCP procedures lead to serious patient infection or complications, victims may pursue compensation through an Olympus scopes lawsuit.
Bronchoscopy: Bronchoscope
A bronchoscopy lets a doctor examine the lungs and airways. These endoscopic procedures use a thin medical device to take tissue samples. While Olympus devices weren’t connected to the 2010 superbug outbreaks, the devices’ design is squarely within the litigation. When the FDA issued the mandatory import ban for Olympus medical systems in June 2025, Olympus bronchoscopes were the single largest group of affected medical devices.
Upper Endoscopy (EGD): Gastroscope
An upper endoscopy, or EGD, is an endoscopic procedure that looks at the esophagus, stomach, and the upper part of the small intestine. Gastroscopes weren’t named in the June 2025 Olympus scope import ban; they are reusable and subject to the same cleaning and reprocessing failures at the heart of the Olympus scopes litigation, and patients who developed serious or life-threatening infections after an EGD may still have a claim.
Colonoscopy: Colonoscope
Colonoscopies screen for colon cancer, remove polyps, biopsy, and evaluate conditions like IBD. Colonoscopes weren’t included in the 2025 alert that the FDA issued and haven’t been as closely tied to superbug outbreaks as the Olympus duodenoscopes. However, our Olympus scope lawsuit attorneys are reviewing claims from those who developed patient infections after a colonoscopy, since these scopes are reused and reprocessed the same way.
Laparoscopic Procedure: Laparoscope
Laparoscopes are used in minimally invasive procedures, like gallbladder removal, hernia repair, and gynecologic surgery. They were among the medical device categories listed when the FDA issued the June 2025 Olympus import ban, meaning affected endoscopic accessories were blocked from entering the country due to quality and contamination concerns.
Cystoscopy/Ureteroscopy: Ureterorenoscope (Kidney Stone & Urinary Tract)
Doctors pass ureterorenoscopes through the urinary tract to diagnose and treat problems in the bladder, ureters, and kidneys. Ureteroscopes are most commonly used to remove kidney stones and evaluate blood in the urine. These medical devices were also among the device types named in the FDA import alert.
What Caused My Infection? How Olympus Scopes Spread Bacteria
If you developed an infection after an endoscopy, a contaminated Olympus endoscope may be the cause. These endoscopes are reused, and certain parts are impossible to disinfect and clean. This defect allows dangerous bacteria to pass to the next patient. Here’s how it happens:
"Elevator": Medical Device Design Defect in Mechanical Component
The problem is the Olympus duodenoscope tip, the “elevator,” which lets the doctor angle instruments during Olympus scope procedures. Even when hospitals follow proper procedures and follow the manufacturer’s instructions, in many cases, the microscopic crevices are impossible to disinfect. Fluid, tissue, and bacteria are trapped inside the medical device and transferred to the next patient.
The infuriating part: the company has known for many years. In the 2018 criminal case, the Department of Justice cited a 2012 expert report discovering the Q180V’s tip had cracks, corners, and crevices that could harbor bacteria and could be cleaned only with great difficulty. While this is more complex litigation, the core allegations named in the Olympus scopes lawsuit are common and easy to understand:
A medical device that cannot be reliably cleaned is a defective product by design.
- Microscopic crevices trap material that’s impossible to disinfect
- Standard cleaning, called “reprocessing,” cannot reach inside
- Surviving bacteria transfer to the next patient: contaminated Olympus scopes can transmit HIV and tuberculosis. Superbugs, like CRE and MRSA, are also linked to Olympus scope infections.
- The same scope may be used on dozens of patients before the contamination is discovered
Medical Device Manufacturer Failed to Provide Adequate Cleaning Instructions for Olympus Endoscopes
For many years, hospitals cleaned these medical devices according to the manufacturer’s instructions; dangerous bacteria still survived.
On October 17, 2025, Olympus issued an Urgent Field Safety Notice acknowledging that reprocessing protocols couldn’t stop infections. In that notice, the company stated it had received reports of two patient deaths and five serious injuries tied to Olympus duodenoscope procedures from 2024.
Despite the DOJ’s 2012 expert reports, the company waited 13 years until it received reports of fatalities to warn consumers. So, we will be seeking punitive damages on behalf of injured patients.
Injuries and Infections Caused by Olympus Medical Scopes
Serious infections and adverse events tied to Olympus scope procedures are typically resistant to treatment. The most cited in Olympus scope infection lawsuits is CRE. As the CDC notes, CRE is an antibiotic-resistant “superbug” that drew national attention alongside E. coli.
- Serious outcomes: abscesses, sepsis, organ failure, and death; newer investigations also include patients diagnosed with HIV and tuberculosis
- Scale: Olympus duodenoscope infections leading to sepsis, organ failure, and death have caused 35 fatalities and hundreds of patient injuries at over 40 hospitals
Olympus Recall and The FDA’s Import Alert
Olympus medical systems have a history of ongoing failures. The FDA issued a mix of recalls and import alerts, with the full notice in a letter to health care providers, followed by a response in Olympus’s corporate statement.
Date | Action | Device(s) | Reason |
|---|---|---|---|
Jan 2025 | Class I recall (most serious) | MAJ-891 forceps/irrigation plug | Infection risk; tied to 120 injuries and at least one death |
Feb 2025 | Recall | Single-Use Guide Sheath Kits | Radiopaque tip breaking off into patients |
June 24, 2025 | FDA import alert | 58 models from the Aizu facility, Fukushima, Japan: Olympus bronchoscopes, laparoscopes, ureterorenoscopes, AERs | Outstanding quality system violations |
Oct 17, 2025 | Urgent Field Safety Notice | Duodenoscopes (TJF-Q170V/Q190V/Q290V) | Reprocessing protocols admitted to be insufficient |
Olympus Duodenoscopes and Olympus Endoscope Accessory Models Named in Recalls and Lawsuits
Recalled endoscopes and accessories include:
- Olympus Duodenoscopes: TJF-Q180V, TJF-Q190V, TJF-Q290V, and TJF-Q170V
- Endoscope Accessories: MAJ-891 forceps/irrigation plug
- Bronchoscope: BF-1TH190
- Single-use devices: products like the Vizishot 2 FLEX needle have also faced recalls
To check whether the exact device used on you was affected, search the FDA’s recall database using the model or serial number from your medical records.
Olympus Scope Infection Lawsuit: Do You Qualify?
You may be able to file an Olympus scope infection lawsuit if a contaminated scope caused serious harm. Eligibility comes down to the Olympus scope procedure you had, the infection you developed, and the timing.
Who Is Eligible to File
You may be eligible to file an Olympus scope lawsuit if you:
- had a medical procedure that used an Olympus scope, such as an ERCP, colonoscopy, or bronchoscopy
- developed sepsis, organ failure, or a serious infection afterward, often one requiring IV antibiotics or hospitalization, or were diagnosed with HIV, tuberculosis, or other bloodstream infection.
- had no history of that infection in the year before the Olympus scope procedure
- received an exposure notice from a hospital and later tested positive for a superbug
Additionally, families may qualify to file if a loved one died from an Olympus scope infection.
How to Prove an Olympus Scope Caused Your Infection
Linking your infection to a specific device is the heart of the case, and it is built on documentation. Your medical records must establish that an Olympus device was used during your procedure and that you were later diagnosed with a related infection. An attorney handles the investigation and gathers the supporting evidence:
- Hospital procedure logs and operative notes
- Device tracking, serial, and maintenance records
- Laboratory cultures identifying the infection
- Expert testimony connecting the infection to the Olympus device
Acting quickly matters here. Medical records, procedure logs, and device maintenance records must be identified and preserved before they can be lost, altered, or destroyed.
Not sure if you qualify? Our Olympus scope infection lawyers offer free consultations. We'll review medical records, prescription history, & address patient concerns at no cost.
Free Consultation: 713-622-7271 Prefer to write to us?
How to Pay for Losses: Compensation in an Olympus Scopes Lawsuit
What Compensation Can You Recover?
- Medical bills: hospital stays, ICU care, surgeries, antibiotics, therapy, and ongoing treatment
- Lost wages: income lost during hospitalization and any reduction in earning capacity
- Pain and suffering: physical pain, emotional distress, and diminished quality of life
- Wrongful death damages: funeral expenses, loss of financial support, and loss of companionship
What Does It Cost to Hire an Olympus Lawsuit Attorney?
Nothing upfront. Our Olympus scope injury lawyers offer free consultations and work on a contingency fee basis. This means you don’t owe anything unless we win. If you’re already buried in hospital bills, you can pursue compensation without adding financial pressure.
If you want to understand how these claims pay out, we explain on our mass torts vs class actions page.
Olympus Scope Lawsuit Status and Filing Deadlines
The Olympus surgical scope lawsuit is active but still early. Knowing where this complex litigation stands can help ensure you secure legal representation in time.
Olympus Medical Systems Litigation: 2026
As of June 2026, there isn’t an MDL or class action for Olympus scope procedure claims. They’re currently being filed individually. A second wave of Olympus scope lawsuits was filed after the FDA alert. Our law firm is actively investigating these infection lawsuit claims.
The company has repeatedly failed to ensure patient safety. The DOJ’s announcement addresses ongoing safety concerns.
- In 2017, the manufacturer paid $6.6 million in a Seattle hospital superbug outbreak case.
- In 2018, the manufacturer paid $85 million in fines and forfeiture after pleading guilty for failing to file required adverse-event reports about infections from Olympus duodenoscope. This is after admitting it had not reported infections at a European hospital.
The Olympus scopes lawsuit hasn’t reached a global settlement for the second wave. However, individual cases can seek compensation on their own timeline.
Statute of Limitations For Filing a Defective Medical Device Claim
- Deadlines vary by state, typically 1 to 3 years
- The statute of limitations starts when you knew or should have known the infection was tied to the procedure. This discovery rule provides additional time if the connection wasn’t obvious.
- Wrongful death claims usually run from the date of death
If you believe you may be entitled to compensation, the safest step is discussing your legal options with an experienced attorney. The statute of limitations is unforgiving.
Why Choose Our Law Firm For Your Olympus Endoscope Lawsuit
Our law firm is investigating Olympus scope cases nationwide, drawing on decades of experience taking on the largest drug and device manufacturers in the world. This is the kind of complex, multi-party litigation our firm is built for.
Founding partner Robert Binstock has served on Court-Appointed Plaintiffs’ Steering Committees for numerous MDLs and as lead or co-lead counsel in large-scale litigation, and our attorneys have secured billions in verdicts and settlements in claims for defective devices, pharmaceutical harm, and other defective products. Our proven track record is shown through related work, like our IVC filter and Ozempic litigation.
Learn more about our attorneys.
Olympus Lawsuit FAQs
Is there an Olympus scope class action or MDL?
No, as of mid 2026, there isn’t a class action or multidistrict litigation for Olympus scopes lawsuits. These claims are being filed individually in state and federal courts. Our law firm is watching closely as the second wave grows.
Talk to a lawyer to file before consolidation to protect your legal options. Call 713-622-7271.
Which Olympus scope models were recalled?
The Olympus endoscope accessory models most named in the recall include the TJF-Q180V, TJF-Q190V, TJF-Q290V, and TJF-Q170V duodenoscopes, plus the MAJ-891 forceps/irrigation plug accessory.
The June 2025 FDA import alert also blocked 58 models. Recall and import actions have arrived in waves, so newer models continue to be added.
- Duodenoscopes: TJF-Q180V, TJF-Q190V, TJF-Q290V, TJF-Q170V
- Accessory: MAJ-891 forceps/irrigation plug
- Bronchoscope: BF-1TH190
Check your device in the FDA’s AccessGUDID database.
How do I know if my infection came from an Olympus scope?
You can find the answer by requesting your records from your healthcare provider. Your records should show which device was used during your procedure and whether you were later diagnosed with a related infection.
Hospital procedure logs, device serial and tracking records, and lab cultures connect the dots, and a lawyer from our law firm can hire medical experts to prove the cause. You generally do not need to gather all of this yourself.
Request a free case review, and we’ll investigate the device records for you. Call 713-622-7271.
How long do I have to file an Olympus scope lawsuit?
For most states, the statute of limitations is two to three years, but the deadline depends on your state and when you discovered the connection. Wrongful death claims usually run from the date of death.
Under the “discovery rule,” the clock may not start until you knew or reasonably should have known your infection was linked to an Olympus scope procedure.
Don’t wait; contact a lawyer at 713-622-7271 to confirm your specific deadline.
How much does it cost to hire an Olympus scope infection lawyer?
Nothing upfront. We handle cases on a contingency fee basis, so there’s no cost to you unless we win.
Your initial consultation is free and confidential. This structure exists so that the cost of an injury doesn’t keep you from pursuing the damages you’re owed.
Call 713-622-7271 for a free, no-obligation case evaluation.
What's the difference between a duodenoscope and a colonoscope?
The Olympus duodenoscope reaches the upper digestive tract and is used for ERCP procedures; a colonoscope examines the lower digestive tract during a colonoscopy.
The distinction matters for claims. The duodenoscope’s “elevator” mechanism is the part tied to the original superbug outbreaks and carries the highest infection risk.
If either was used before your infection, an attorney can review your case.
Contact an Olympus Surgical Scope Lawsuit Attorney For a Free Case Evaluation
If you or a loved one developed a serious infection after an Olympus scope procedure, you may be entitled to significant compensation. Our law firm is investigating these claims nationwide. Our firm represents clients on a contingency-fee basis, so you don’t pay anything unless we win. Strict filing deadlines mean the sooner you act, the better we can protect your claim. For a free consultation, call 713-622-7271 or use our contact form to get started today.There is never a fee unless we recover on your behalf.
Additionally, clients are not obligated to pay expenses if a recovery is not made.