What Is the Olympus Endoscope Problem?
Millions of Americans undergo endoscopic procedures every year, between colonoscopies, ERCPs, bronchoscopies, and more. These procedures are supposed to be safe. But for thousands of patients across the country, including here in Louisiana, a dangerous design flaw in Olympus endoscopes turned a routine medical procedure into a life-threatening event.
The U.S. Food and Drug Administration (FDA) has recalled at least five different Olympus products due to serious safety concerns. The agency later issued an import alert blocking more than 50 Olympus products from entering the United States entirely — one of the most significant regulatory actions ever taken against a medical device manufacturer.
The core problem is that Olympus endoscopes — particularly duodenoscopes — have a design that makes them nearly impossible to fully clean between patients. Bacteria and other pathogens can hide in the device’s complex internal channels and elevator mechanisms. When the scope is used on the next patient, those contaminants are transferred directly into the body. The result can be a deadly drug-resistant “superbug” infection, sepsis, or worse.
At Dudley DeBosier Injury Lawyers, we believe that patients in Baton Rouge, New Orleans, Shreveport, Lafayette, and every corner of Louisiana deserve answers — and accountability.
FDA Actions and the Legal Record
What the FDA Found
The FDA’s concerns about Olympus endoscopes did not appear overnight. The agency began receiving reports of patient infections linked to these devices as far back as 2013. By 2015, the FDA had issued formal safety communications warning hospitals about the risk of contamination from duodenoscopes.
In 2019, a U.S. Senate investigation concluded that Olympus and other manufacturers were aware of contamination risks for years before warning the public or regulators. The Senate report also found that the FDA was slow to act despite mounting evidence.
The FDA eventually mandated post-market surveillance studies and required Olympus to update its reprocessing instructions — but by that point, thousands of patients had already been harmed. The subsequent import alert, which blocked over 50 Olympus products from U.S. entry, signaled just how serious the agency viewed the ongoing risk.
Legal Precedents That Matter
Courts across the country have recognized the validity of claims against Olympus and similar device manufacturers. In re: Olympus Corp. Duodenoscope Products Liability Litigation, federal courts allowed thousands of cases to proceed, acknowledging that patients had plausible claims for negligent design, failure to warn, and strict product liability.
In Louisiana, product liability claims are governed by the Louisiana Products Liability Act (LPLA), which holds manufacturers responsible when a product is unreasonably dangerous due to its construction, design, or failure to provide adequate warnings. Olympus’s repeated FDA violations and internal communications showing awareness of contamination risk make these claims particularly strong under Louisiana law.
Louisiana courts have also recognized claims for medical monitoring and damages tied to ongoing health risks — meaning even patients who have not yet developed a serious illness but were exposed may have legal options.
The Medical Reality: What the Research Shows
Published medical research confirms what patients have experienced firsthand. A study published in the journal Gastrointestinal Endoscopy found that duodenoscope-related transmission of multi-drug resistant organisms occurred even when hospitals followed manufacturer cleaning instructions to the letter. This was not a case of hospitals cutting corners — the device design itself was the problem.
The CDC has linked Olympus and similar scopes to outbreaks of Carbapenem-Resistant Enterobacteriaceae (CRE) — one of the most dangerous drug-resistant bacteria known to medicine. CRE infections have a mortality rate as high as 50% in some patient populations, according to the CDC. Major hospital outbreaks tied to contaminated scopes occurred at UCLA Medical Center, Virginia Mason Medical Center in Seattle, and facilities across the country.
A 2022 report from the Association for the Advancement of Medical Instrumentation (AAMI) concluded that flexible endoscopes remain among the most challenging medical devices to adequately disinfect, and that design changes — not just cleaning protocols — are necessary to protect patients.
For Louisiana patients, particularly those with underlying health conditions or who received care at high-volume facilities, the risk was very real.
Do You Qualify? Key Criteria Explained
Qualifying Procedure
You had one of the following procedures in 2018 or later using an Olympus device:
- Colonoscopy
- ERCP (Endoscopic Retrograde Cholangiopancreatography)
- Upper Endoscopy
- Laparoscopy
- Bronchoscopy
- Ureteroscopy
- Hysteroscopy
- Sinus Endoscopy
- Cystoscopy
Qualifying Injuries
Following your procedure, you experienced one or more of the following requiring a separate hospitalization or medical appointment:
- Bacterial infection requiring hospitalization within 90 days
- Sepsis or bacteremia
- Drug-resistant “superbug” (CRE, resistant E. coli) within 180 days
- Pneumonia or severe pulmonary infection within 90 days
- Tuberculosis within 90 days
- HIV diagnosis within 90 days
- Organ or tissue damage/perforation
- Internal burning caused by the device
- Device component broke or dislodged, causing injury
- Qualifying hemorrhage after the procedure
- Death caused by infection or device failure
Additional Requirements
To move forward with a review of your claim:
- Medical records can confirm an Olympus product was used
- You have authority to sign on behalf of the injured person (if filing for a family member)
- You are not currently represented by another attorney for this specific claim
- You are not currently incarcerated
Did you receive a letter from your hospital or from Olympus about possible device contamination? If so, that letter is important — please have it ready.
Why Louisiana Patients Should Act Now
Louisiana has specific statutes of limitations that govern how long you have to file a product liability claim. Under Louisiana law, you generally have one year from the date you discovered — or reasonably should have discovered — the injury to file your claim. Because many infection injuries are not immediately connected to the endoscopic procedure, calculating this deadline can be complex.
The mass tort litigation involving Olympus is still developing, which means Louisiana victims who come forward now are in the strongest position. Early participation allows your legal team more time to gather records, coordinate with medical experts, and build the most complete case possible on your behalf.
Dudley DeBosier has deep roots in Louisiana. We understand local courts, Louisiana product liability law, and what it takes to stand up against large corporations on behalf of everyday people. We are not a national aggregator passing your case to a stranger — we are your neighbors, and we take that seriously.
Frequently Asked Questions
Your medical records — specifically your procedure notes or device logs — should identify the manufacturer of the endoscope used. Many hospitals keep detailed records of device serial numbers for exactly this reason. If you received a letter from your doctor’s office or hospital warning you of a possible contaminated scope, that is strong evidence. Our team can help you request and review these records as part of your case evaluation.
It matters legally, but it does not disqualify you. Many patients were never told their infection might be linked to the scope used during their procedure. In fact, the Senate investigation found that hospitals and manufacturers were sometimes slow to notify patients even when contamination was confirmed. If you developed a serious infection, sepsis, a drug-resistant organism, or another qualifying injury within the timeframes listed above, your case is worth reviewing regardless of what your doctor told you.
Yes. Surviving family members in Louisiana may be able to bring a wrongful death or survival action on behalf of a loved one who died as a result of an Olympus-related infection or device failure. The qualifying criteria apply, and you will need to have authority to act on behalf of the estate. Please let us know this when you submit your case evaluation.
Nothing. Your case evaluation is completely free. If we take your case, we work on a contingency fee basis — meaning you pay nothing unless we recover compensation for you. There are no upfront costs and no fees unless you win.
Not yet. Submitting your information starts a review process. Our legal team will carefully evaluate the details of your situation before making any decisions about representation. We will be straightforward with you about what we find. Our goal is to give every potential client an honest assessment — not just tell people what they want to hear.
Start Your Free Case Evaluation
If you or someone you love had an endoscopic procedure in Louisiana in 2018 or later and suffered a serious infection, a device-related injury, or another qualifying harm, Dudley DeBosier Injury Lawyers wants to hear your story. Our team is currently reviewing Olympus endoscope claims for Louisiana residents, and time matters.
The evaluation is free. There is no obligation. And if we take your case, you pay nothing unless we win.