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Depending on the nature of their injuries, those injured by the Olympus duodenoscopes may be entitled to different kinds of compensation.
Medical expenses are often the largest component of a claim and include emergency room treatment, hospital stays, ICU stays, IV antibiotics, revision surgeries, diagnostic testing, and follow-up care. Patients who develop long-term complications may also recover future medical expenses including anticipated surgeries, ongoing antibiotic treatments, specialist visits, and home nursing care – typically determined through expert testimony.
During the recovery phase, lost income can be recouped for missed paychecks, bonuses and self-employment income. Loss of earning capacity can also be claimed if an infection permanently damages the patient and they are unable to do their former job, or are forced to work reduced hours or retire early.
Non-economic damages address the human toll of the injury, including:
If an Olympus endoscope causes a patient’s death, surviving family members or the estate may pursue wrongful death damages, including funeral expenses, loss of financial support and loss of companionship. Some states also allow a spouse to recover loss of consortium damages.
Courts may award punitive damages when misconduct is especially serious. In 2018, Olympus Medical Systems Corporation pleaded guilty to introducing misbranded devices into interstate commerce and paid $80 million in criminal fines tied to delayed reporting of adverse events to the FDA, a fact plaintiffs may reference where the rules of evidence permit.
Our team has over 35 years of experience evaluating defective medical device claims and can help determine the damages available in your specific situation. Send us your medical records today so we can assess your case.