Endoscopy Lawsuit

Patients who underwent procedures involving reusable endoscopes may be at risk of life-threatening infections. If you or a loved one was harmed, you may qualify for compensation from an endoscopy lawsuit.

At Simmons Hanly Conroy, we’re committed to fighting for those impacted by dangerous medical devices. Call (855) 264-6270 now.

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What’s Going on with the Endoscopy Infection Lawsuit?

Endoscopes and duodenoscopes are medical devices used to take pictures of the inside of the body during procedures like colonoscopies, upper endoscopies, and endoscopic retrograde cholangiopancreatographies (ERCPs).

However, certain reusable scopes are extremely difficult to fully clean between patients due to their design, allowing bacteria to become trapped and deadly infections like carbapenem-resistant Enterobacteriaceae (CRE) to spread from patient to patient.

Affected patients may be able to file an endoscopy lawsuit against the device’s manufacturer for failing to warn hospitals and patients about the risk of infection from improperly designed scopes.

Endoscopy Infection Lawsuits at a Glance

  • At least 1 in 20 closed-channel duodenoscopes remain contaminated even after being cleaned, according to the U.S Food & Drug Administration.
  • Contaminated duodenoscopes have been linked to at least 25 different outbreaks of antibiotic-resistant infections that sickened 250 patients, as reported by the U.S. Senate Committee on Health, Education, Labor, and Pensions.
  • Lawsuits have been filed against multiple companies that manufacture medical scopes, including Olympus, Fujifilm, and Pentax Medical.
  • Olympus previously pleaded guilty to 3 federal counts of distributing misbranded medical devices after failing to report serious infection outbreaks in Europe to the FDA, leading to an $85 million fine.

At Simmons Hanly Conroy, we have over 25 years of experience standing up to powerful corporations that have harmed consumers. Get a free case review now to see if we can help you seek justice from an endoscopy infection lawsuit.

Companies Involved in the Duodenoscope Lawsuit

Major manufacturers of duodenoscopes sold in the United States have faced federal regulatory action and lawsuits over contamination risks linked to their devices.

Companies named in duodenoscope lawsuits include:

  • Olympus Medical Systems Corporation: Olympus manufactures approximately 85% of all duodenoscopes. The company has faced multiple fines and lawsuits over their medical scopes, including a $6.6 million jury verdict linked to a deadly superbug outbreak in Seattle.
  • Fujifilm Medical Systems U.S.A: Fujifilm has received multiple FDA warning letters over their ED-530XT duodenoscope, including a warning after the company was declared noncompliant with a federal order requiring studies to measure how often the device remained contaminated after cleaning in real-world clinical settings.
  • Pentax Medical: Pentax reportedly shipped 4 types of endoscopes for 18 months without FDA-cleared cleaning instructions and failed to make timely reports about infections linked to their devices, according to the U.S. Department of Justice. The company agreed to pay $43 million to resolve the charges against them.

You shouldn’t have to suffer because a company placed profits over patient safety. Patients and families harmed by contaminated medical scopes deserve answers and accountability — and we’re here to help you fight for both.

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The Risk of Infection from Contaminated Endoscopes

Medical scopes are complex instruments that contain many small working parts. In some cases, tissue or fluid from one patient can remain stuck in a scope after use and potentially put the next patient at risk of infection.

The problem with contaminated endoscopes isn’t a cleaning mistake by hospital staff — it’s linked to the design of the scopes themselves. Infections may still occur even when disinfection instructions from the manufacturer are followed, according to the FDA.

In an outbreak at Virginia Mason Medical Center in Seattle, 32 patients developed CRE and 7 patients developed E. coli infections from contaminated scopes. The U.S. Senate Health Committee reported that at least 18 of these patients later died.

The risk of infection from contaminated endoscopes has led to regulatory action. In January 2025, for example, a Class I recall was issued for the Olympus MAJ-891 endoscope accessory after reports of dozens of patient injuries and one death linked to contamination risks.

Who Is Eligible for the Endoscope Lawsuit?

Endoscope lawsuit eligibility centers on whether a patient was diagnosed with a serious infection following an endoscopic procedure.

You may be eligible for an endoscope lawsuit if you or a loved one:

  • Underwent an endoscopy, colonoscopy, ERCP, or other scope-based procedure that involved a reusable scope in the past 10 years
  • Developed a serious infection like CRE or sepsis within 30 days of the procedure
  • Required hospitalization or IV antibiotic treatment as a result

Each state has its own law called the statute of limitations that limits how long you have to take legal action, so it’s important to reach out to an endoscopy lawyer as soon as possible.

Call (855) 264-6270 now to contact our firm. Speaking with us is free.

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How to File an Olympus Scope Lawsuit

When you work with Simmons Hanly Conroy, we strive to make filing an Olympus scope lawsuit as easy and stress-free as possible by handling the entire process for you.

Our endoscope lawyers can:

  • Determine your eligibility to take legal action during a free consultation
  • Gather medical records and procedure documentation showing which scope was used
  • Collect evidence linking your infection to the contaminated device
  • File your Olympus scope lawsuit before any legal deadlines
  • Negotiate an endoscopy lawsuit settlement with all responsible parties

If a settlement can’t be reached, we’re prepared to go to court and fight for a trial verdict on your behalf.

Our Endoscope Lawsuit Attorneys Can Help Families Nationwide

When medical device companies sell unsafe products, patients are left to pay the price. Filing an endoscopy lawsuit can allow those affected to hold these companies accountable for the harm they’ve caused.

At Simmons Hanly Conroy, our endoscope lawsuit attorneys can help families across the country seek compensation for infections caused by contaminated medical scopes.

For over 25 years, we’ve fought hard to secure justice for injured patients, recovering more than $12 billion on their behalf.

Call (855) 264-6270 now or fill out our contact form to get started with a free legal consultation.

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Duodenoscope Infection Lawsuit FAQs

What is the endoscopy lawsuit?

Endoscopy lawsuits are being filed by patients who developed serious infections after undergoing a procedure with a contaminated medical scope.

These lawsuits allege that manufacturers like Olympus failed to adequately warn hospitals and patients that certain reusable scopes cannot be fully cleaned between uses, even when disinfection instructions are followed correctly.

Contact Simmons Hanly Conroy now to see if you may be able to file an endoscopy lawsuit. We’re prepared to fight for justice on your behalf.

Can you get sepsis from a colonoscopy?

Yes, potentially. If a reusable medical scope is contaminated with bacteria at the time of a procedure, that bacteria can enter the body and potentially cause a serious infection, which may progress to sepsis.

Sepsis is a life-threatening condition in which the body’s response to infection begins to damage its own organs and tissues. Patients who developed sepsis or other serious infections following an endoscopic procedure may be eligible to file a lawsuit against the scope’s manufacturer.

How much does an endoscopy lawyer charge?

At Simons Hanly Conroy, there are no upfront costs or hourly fees to work with our endoscopy lawyers. We work on a contingency fee basis, which means you pay nothing unless we secure compensation for you.

Call (855) 264-6270 now to get started with a free consultation.

Simmons Support TeamLast modified:
Legal Reviewer Laurence Valere NassifReviewed by:Laurence Valere Nassif

Managing Partner

  • Fact-Checked
  • Legal Reviewer

With over 15 years of legal experience, Larry has secured millions of dollars on behalf of his clients and tried several cases to verdict. In 2007, he was a member of the trial team that achieved a $47.5 million verdict in Humeston v. Merck & Co. on behalf of patients who suffered cardiovascular injuries as a result of taking Vioxx. In 2003, he also helped secure a $2 million verdict on behalf of his client who suffered from Rezulin-related liver damage. He has also helped families impacted by mesothelioma and other asbestos-related diseases from around the country.

View Sources
  1. BioSpace. “Olympus Ordered to Cough Up $6.6 Million in Damages to Seattle Hospital Over Contaminated Scopes.” Retrieved from: https://www.biospace.com/olympus-ordered-to-cough-up-6-6-million-in-damages-to-seattle-hospital-over-contaminated-scopes.
  2. U.S. Department of Justice. “Pentax Medical Company Agrees to Pay $43 Million to Resolve Criminal Investigation Concerning Misbranded Endoscopes.” Retrieved from: https://www.justice.gov/archives/opa/pr/pentax-medical-company-agrees-pay-43-million-resolve-criminal-investigation-concerning.
  3. U.S. Food and Drug Administration. “Infections Associated with Reprocessed Duodenoscopes.” Retrieved from: https://www.fda.gov/medical-devices/reprocessing-reusable-medical-devices/infections-associated-reprocessed-duodenoscopes.
  4. U.S. Food and Drug Administration. “Olympus Issues Medical Device Advisory Notice to Use Alternative Devices to the MAJ-891 Forceps/Irrigation Plug.” Retrieved from: https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/olympus-issues-medical-device-advisory-notice-use-alternative-devices-maj-891-forcepsirrigation-plug.
  5. U.S. Food & Drug Administration. “Warning Letter: Fujifilm.” Retrieved from: https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/fujifilm-546987-03092018.
  6. U.S. Senate Committee on Health, Education, Labor, and Pension. “Murray Presses Scope Manufacturer Linked to Superbug Outbreak at Virginia Mason For Answers, Accountability.” Retrieved from: https://www.help.senate.gov/dem/newsroom/press/murray-presses-scope-manufacturer-linked-to-superbug-outbreak-at-virginia-mason-for-answers-accountability.