Who may be eligible to file an Olympus duodenoscope claim?

If an Olympus duodenoscope was used in your procedure or a family member's, especially an ERCP, and a serious infection followed, a claim may be possible. Other reusable Olympus endoscopes involved in upper endoscopy, colonoscopy, bronchoscopy, or enteroscopy procedures can also be the basis for a case.

A few factors that show whether a claim is viable:

• Whether an Olympus duodenoscope was used, which can be confirmed through hospital procedure reports, equipment logs, or the facility's infection control department
• Whether a serious infection developed within approximately 30 days of the procedure, with stronger claims involving infections caused by drug-resistant organisms such as CRE, VRE, Pseudomonas, or Klebsiella
• Whether the infection caused significant harm, including hospitalization, IV antibiotic treatment, ICU admission, organ failure, long-term disability, or death
• Whether the applicable statute of limitations is still open, which varies by state and may be calculated from the date the patient discovered or reasonably should have discovered the connection between the device and their infection

The strongest claims involve patients who suffered documented, serious medical consequences that required extensive treatment. Many patients were never informed of contamination risks associated with these devices, so the discovery rule may extend the filing deadline in certain states.

Surviving family members or an estate representative may be able to bring a wrongful death claim if a patient died from complications tied to an Olympus scope infection, depending on what state law allows. 

Because patients rarely have visibility into which device was used during their procedure, attorneys typically rely on hospital records and equipment logs to identify the scope.

Find out if your Olympus endoscope injury qualifies for compensation

Atraxia Law brings over 35 years of experience handling defective medical device claims, and our team can review your medical records to see whether you are eligible to file an Olympus scope claim. Qualifying cases are connected with a skilled attorney ready to pursue the compensation you deserve. Get in touch today to have your case looked at.