Olympus Endoscope Lawsuit Overview
Olympus Corporation of the Americas manufactures the TJF-Q180V duodenoscope and other medical endoscopes widely used in hospitals across the United States for colonoscopies, endoscopic retrograde cholangiopancreatography (ERCP) procedures, bronchoscopies, and upper endoscopies. Beginning around 2012 and continuing through subsequent years, dozens of hospitals across the United States and internationally reported outbreaks of severe, often fatal infections among patients who had undergone procedures using Olympus scopes. Investigations by the FDA, Congress, and federal prosecutors revealed that Olympus had known about a critical design flaw in its duodenoscopes that made the instruments nearly impossible to fully sterilize between uses, and that the company had concealed this information from regulators and healthcare providers.
The lawsuits that followed alleged that Olympus's scope design allowed dangerous bacteria, including carbapenem-resistant Enterobacteriaceae (CRE) — commonly called superbugs — to survive standard cleaning and disinfection procedures, then spread from one patient to the next during endoscopic procedures. These infections caused severe illness, prolonged hospitalizations, organ failure, and death in numerous cases. In 2020, Olympus Corporation of the Americas agreed to pay $85 million to resolve U.S. Department of Justice criminal charges related to its failure to timely report the scope defect to the FDA as required by federal law.
Individual patients and families who suffered infections linked to contaminated Olympus scopes have pursued civil lawsuits seeking compensation for medical expenses, lost income, pain and suffering, and in wrongful death cases, compensation for the loss of a loved one. These cases have been filed in courts across the country, and many have resulted in confidential settlements. If you or a loved one developed a serious infection after an endoscopic procedure involving an Olympus scope, you may be entitled to significant compensation through civil litigation.
The Olympus Duodenoscope Design Flaw
The Olympus TJF-Q180V duodenoscope and similar models feature a complex mechanical tip with a small movable component called an elevator, or elevator channel, used to guide surgical instruments during procedures. This elevator mechanism contains a tight crevice and intricate moving parts that trap organic matter including blood, tissue, and other biological material during procedures. Standard high-level disinfection and sterilization protocols used in hospital endoscopy units were not capable of fully cleaning this complex mechanism, creating conditions in which dangerous bacteria could survive and be transmitted to the next patient who underwent a procedure with the same scope.
Congressional investigations and FDA scrutiny revealed that Olympus had been aware of contamination risks associated with the elevator channel design for years before taking corrective action or alerting hospitals and the FDA. In Europe, Olympus had distributed a supplemental cleaning protocol for the elevator channel without providing the same guidance to U.S. hospitals. Under U.S. law, any significant design changes or safety communications related to medical devices must be reported to the FDA — Olympus's failure to make these required notifications formed the basis of the DOJ criminal case against the company.
The UCLA Medical Center outbreak in 2015 brought widespread public attention to the contaminated scope problem. At UCLA, 179 patients were exposed to a contaminated Olympus duodenoscope, with at least 7 confirmed infections and 2 deaths. Similar outbreaks were reported at hospitals in Los Angeles, Seattle, Pittsburgh, Chicago, and numerous other cities. In total, the FDA received reports of more than 250 infections linked to contaminated duodenoscopes between 2013 and 2015 alone, with the true number likely higher due to underreporting.
Infections Linked to Contaminated Olympus Scopes
The infections caused by contaminated Olympus endoscopes range in severity from serious illnesses requiring extended hospitalization and IV antibiotic treatment to fatal outcomes. The most dangerous infections involve antibiotic-resistant bacteria that are extremely difficult to treat with available medications:
- Carbapenem-Resistant Enterobacteriaceae (CRE): The bacteria most commonly associated with scope contamination outbreaks. CRE infections are resistant to nearly all available antibiotics, carry a mortality rate of up to 50%, and can cause pneumonia, bloodstream infections, urinary tract infections, and wound infections.
- Sepsis and Bloodstream Infections: Bacteria transmitted through contaminated scopes can enter the bloodstream, causing sepsis — a life-threatening systemic inflammatory response that can lead to septic shock, multi-organ failure, and death.
- Organ Failure: Severe infections transmitted through contaminated scopes can cause kidney failure, liver failure, and lung failure, often requiring intensive care unit admission and prolonged hospitalization.
- Hepatitis B and C, HIV: In cases involving inadequately disinfected scopes, bloodborne pathogens including Hepatitis B, Hepatitis C, and HIV can potentially be transmitted from an infected patient to subsequent patients who undergo procedures with the same instrument.
- Pneumonia and Respiratory Infections: Bronchoscopies performed with contaminated Olympus scopes have been linked to pneumonia and other serious respiratory infections, including infections caused by antibiotic-resistant bacteria.
- Tuberculosis (TB): Inadequate bronchoscope disinfection has been linked to transmission of Mycobacterium tuberculosis between patients in certain healthcare settings.
Who May Qualify for an Olympus Endoscope Lawsuit
You or a family member may be eligible to file a claim if the following general criteria are met:
- 1Endoscopic Procedure in 2015 or Later
You or a loved one underwent a colonoscopy, ERCP, bronchoscopy, or upper endoscopy at a hospital or outpatient facility in 2015 or after. Medical records documenting the procedure — including the facility name, procedure date, and scope model used — are important evidence.
- 2Subsequent Serious Infection or Illness
After the procedure, you or your loved one developed a serious infection or illness requiring hospitalization or diagnosis by a physician. Qualifying conditions include antibiotic-resistant infections, sepsis, organ failure, HIV, Hepatitis B/C, pneumonia, perforation, tuberculosis, and other severe infections caused by exposure through the scope.
- 3Infection Within One Year of the Procedure
The infection or illness was diagnosed or became apparent within approximately one year following the endoscopic procedure. A close temporal relationship between the procedure and the onset of infection strengthens the causal connection central to your claim.
- 4Not Currently Represented by an Attorney
You are not currently represented by an attorney for this claim. If you are represented, your existing attorney can advise you on your options. If you are unsure whether you have a viable claim, a free case evaluation from an experienced medical device attorney can help you assess your situation.
Olympus Scope Litigation & Settlements (2026)
The litigation against Olympus over contaminated endoscopes has resulted in numerous settlements and judicial rulings establishing the company's liability. In 2020, Olympus Corporation of the Americas pleaded guilty to a federal criminal charge of failing to timely report information to the FDA about the duodenoscope contamination risk and agreed to pay $85 million in criminal penalties and civil forfeiture. This landmark resolution was one of the largest criminal penalties ever imposed for a medical device safety violation.
In the civil litigation, Olympus has settled a significant number of individual patient claims on a confidential basis. Settlement amounts have varied widely depending on the severity of the infection, the extent of medical treatment required, lost wages, and other damages. Cases involving catastrophic outcomes such as death, organ failure, or permanent disability from antibiotic-resistant infections have commanded the highest settlement values. Families who lost loved ones to CRE infections linked to contaminated Olympus scopes have obtained multimillion-dollar wrongful death settlements in certain cases.
Despite the DOJ settlement, Olympus continues to face individual civil claims from patients who developed infections linked to contaminated scopes. The statute of limitations for these claims varies by state, and in cases involving wrongful death or injuries that were not immediately apparent, tolling doctrines may extend filing deadlines. However, evidence preservation is time-sensitive — medical records, scope cleaning logs, and hospital incident reports may be more readily available if a claim is initiated promptly. Consulting with a medical device attorney as soon as possible is advisable.
How to File an Olympus Endoscope Contamination Claim
The first step is to consult with an attorney who has experience in medical device liability and specifically in endoscope contamination cases. During a free initial consultation, the attorney will review your medical history, the circumstances of the endoscopic procedure, the subsequent infection, and available documentation to assess whether you have a viable claim against Olympus.
Key documents and evidence that support an endoscope contamination claim include medical records from the endoscopic procedure, hospital records documenting the subsequent infection and treatment, discharge summaries, laboratory test results identifying the bacteria involved, records of antibiotic treatment, evidence of the scope model used (which may be obtainable from the hospital), and any communications from the hospital or healthcare provider about a contamination event or outbreak. Your attorney may also seek hospital internal documents, scope maintenance and cleaning logs, and expert opinions from infection control specialists and microbiologists.
Medical device liability attorneys handle cases like these on a contingency fee basis, meaning there are no upfront legal fees. You only pay legal fees if your case results in a recovery through settlement or verdict. This arrangement allows individuals and families to pursue justice regardless of their financial situation. If you believe your infection may be connected to a contaminated endoscope, completing the eligibility survey on this page is a simple first step to determining whether a free case review is appropriate for your situation.