Olympus Scopes

Reusable instruments, such as reusable duodenoscopes, are used to in a wide range of endoscopic retrograde cholangiopancreatography (ERCP) procedures. Recently, plaintiffs have alleged that they developed superbug infections after their doctors performed procedures using reusable duodenoscopes on them. This is not the first time these allegations have surfaced. Several years ago, plaintiffs sued the manufacturer of these reusable duodenoscopes, Olympus, on the grounds that they had suffered superbug infections after procedures in which these duodenoscopes were used. If you were harmed by one of Olympus Scopes’s reusable duodenoscopes, please call the tenacious Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in litigation with which we’ve been involved.

Many endoscopic retrograde procedures are performed each year. Doctors in Chicago and elsewhere in the United States use reusable duodenoscopes in these procedures to examine, diagnose and treat the liver, pancreas, gallbladder and bile ducts. However, in the early 2010s, serious superbug outbreaks occurred as a result of the reusable duodenoscopes, which are hard to clean fully. Superbug infections such as those caused by MRSA, ESBL, and C. diff CRE are particularly dangerous because the superbugs are able to resist antibiotics. In the course of those earlier infections, which resulted in a patient death at a hospital, the manufacturer Olympus Scopes was ordered to pay $6.6 million to the hospital.

Plaintiffs in the current duodenoscope litigation allege that these instruments have design defects that make them hard to clean. As a result of this difficulty, biological contaminants like bacteria stick to the scopes and enter patients’ bodies in new procedures.

In 2025, the Food and Drug Administration issued an import alert that there are continued concerns with many types of Olympus scopes. Shipments of such scopes were stopped; doctors were asked to consult about the advantages and disadvantages of the scopes with their patients.

Not long afterward, the manufacturer received two death reports and five serious injury reports and issued a field safety notice. It warned that when a duodenoscope wasn’t appropriately cleaned between procedures, there would be additional medical risks and provided revised cleaning instructions. It also advised of new cleaning instructions.

Superbug infections, in which bacteria (or viruses or fungi) spread rapidly and fail to respond to antibiotics, can result in serious damage to the body. These infections can cause severe organ damage, serious tissue and bone decay, intestinal destruction, and life-endangering sepsis, and infertility. When not able to be treated appropriately, they can result in death.

If you experienced a superbug infection after an Olympus reusable duodenoscope was used in your procedure, you may be able to sue for compensation by bringing a product liability lawsuit. This type of lawsuit can be pursued when a product, such as a duodenoscope, has marketing, manufacturing or design defects. In the existing cases, it is argued that there are design defects, which are flaws in the design or specifications that exist in every unit of the product. Often, it’s necessary to retain an expert to examine the specific scope to determine whether it has a design defects.

Our Chicago-based attorneys, when handling this type of case, will also need to establish a theory of liability to recover damages on your behalf. These theories include negligence, strict liability, breach of contract, breach of warranty, and statutory violations.

There are situations in which a hospital may bear some liability for a superbug outbreak. While there are commonalities, each case is different, and it is important to consult with a seasoned attorney to determine the appropriate course of action in your particular case.

Damages we may be able to recover on your behalf once liability is established include medical bills, lost wages, replacement services, lost earning capacity, pain and suffering, mental anguish, and loss of consortium.

Infections are sometimes the result of poor practices or instruments used during a surgery or other medical procedure. If your doctor believes that a superbug infection may have been caused by a duodenoscope during a medical procedure, call the seasoned Chicago-based product liability lawyers of Moll Law Group to find out whether you have a viable basis to sue for damages. Complete our online form or call us at 312.462.1700.