Scope Infection Lawsuit Overview

Surgical scope infection lawsuits allege that certain reusable medical devices widely distributed in recent decades were defectively designed in ways that allowed bacteria and biological material to remain trapped inside the device, even when hospitals followed the manufacturer’s recommended cleaning and sterilization procedures.

Unlike surgical instruments that can be fully disassembled and sterilized, some endoscopes and duodenoscopes contain complex internal channels, hinges, and moving components that make them extremely difficult to properly disinfect.

Lawsuits allege manufacturers knew these designs created contamination risks but continued marketing the devices to hospitals without providing effective cleaning methods or adequate warnings. As a result, bacteria trapped inside the scope may have been transmitted from one patient to another during a colonoscopy, endoscopy, ERCP, bronchoscopy or other routine procedures.

Infections linked to contaminated scopes have included sepsis, bloodstream infections, pneumonia, and antibiotic-resistant bacteria such as carbapenem-resistant Enterobacteriaceae (CRE). In some cases, hospitals have also notified patients that they may have been exposed to blood-borne diseases such as HIV or tuberculosis after improperly sterilized medical equipment was used.

Several Olympus scope lawsuits have been filed by individuals who developed infections after reusable medical scopes were used during ERCP procedures. Plaintiffs allege the company failed to provide effective sterilization protocols for the Olympus medical devices and continued selling them to hospitals even after contamination risks were identified.

Individuals who developed serious infections after a scope procedure may be eligible to pursue financial compensation for medical expenses, hospitalization, long-term complications, and other damages.

Who Can File a Medical Scope Infection Lawsuit?

You may qualify for a surgical scope infection lawsuit if you or a loved one developed a serious bacterial infection after undergoing a medical procedure involving a reusable surgical scope, such as an ERCP, endoscopy, colonoscopy, or bronchoscopy.

Injuries reported in surgical scope infection lawsuits include:

• Sepsis
• Bloodstream infections
• Carbapenem-resistant Enterobacteriaceae (CRE) infections
• E. coli infections
• Pneumonia
• Organ failure
• Extended hospitalization
• Emergency medical treatment
• Wrongful death
• Other serious bacterial infections

To determine whether you or a family member may qualify for a surgical scope infection lawsuit, submit your information for a free case evaluation. An attorney can review your situation, explain your legal rights, and determine whether you may be eligible to pursue compensation.

All claims are handled on a contingency fee basis, meaning there are no upfront costs to hire a surgical scope infection lawyer and no attorney fees unless compensation is recovered.

Colonoscopy and Endoscopy Infection Lawsuits

Many surgical scope infection lawsuits arise after routine medical procedures such as colonoscopy, endoscopy, ERCP, and bronchoscopy, where reusable scopes are inserted into the digestive tract or airways. These procedures are commonly performed to diagnose medical conditions, investigate symptoms, or treat problems affecting internal organs.

Procedures frequently associated with surgical scope infection lawsuits include:

• Colonoscopy, used to screen for colon cancer and investigate intestinal problems
• Upper endoscopy (EGD), used to examine the esophagus, stomach, and upper digestive tract
• ERCP procedures, used to diagnose and treat bile duct and pancreatic conditions
• Bronchoscopy, used to examine the lungs and airways

These procedures are performed millions of times each year in hospitals and outpatient surgical centers across the United States.

Patients generally expect these procedures to be safe and sterile. However, lawsuits allege that infections can occur when reusable surgical scopes are contaminated and used on multiple patients, potentially exposing individuals to dangerous bacteria or other pathogens during the procedure.

Why Scopes Have Been Linked to Infections

Surgical scopes have been linked to infections because many of these devices are reusable and contain narrow internal channels and mechanical parts that can trap bacteria or bodily fluids, even after hospitals attempt to clean and disinfect them between patients.

Unlike single-use surgical tools, many endoscopes and duodenoscopes are used repeatedly during procedures such as ERCP, colonoscopy, endoscopy, and bronchoscopy. After each procedure, the scope must undergo a detailed cleaning process known as reprocessing, which is intended to remove biological material and disinfect the device before it is used on another patient.

However, lawsuits and regulatory investigations allege that certain scope designs may be difficult to fully disinfect, particularly in areas where internal components move or connect.

Internal Scope Mechanisms That Trap Bacteria

According to allegations raised in lawsuits and regulatory investigations, these devices contain complex internal channels, hinges, and sealed mechanical components that can trap biological material and bacteria during procedures.

Key design issues cited in surgical scope lawsuits include:

• Elevator mechanisms that create small crevices where bacteria may accumulate
• Narrow internal channels that may retain bodily fluids and biological material
• Sealed device components that cannot be easily inspected for contamination
• Complex internal structures that make thorough sterilization difficult

Because of these design challenges, lawsuits claim bacteria can remain trapped inside the scope even when hospitals follow the manufacturer’s recommended cleaning and disinfection procedures.

As a result, contamination inside the device may allow bacteria from one patient to be transmitted to another patient during a later procedure, potentially leading to serious infections.

Reprocessing Failures and Scope Sterilization Challenges

Reusable surgical scopes must undergo a complex cleaning process known as reprocessing between procedures. This process is designed to remove biological material and disinfect the device before it is used on another patient.

Typical scope reprocessing procedures include:

• Immediate pre-cleaning at the bedside after the procedure
• Leak testing to check the integrity of internal components
• Manual cleaning using brushes and flushing solutions in a reprocessing room
• Visual inspection under magnification to identify contamination
• High-level disinfection or sterilization
• Drying and controlled storage

Lawsuits allege that even when hospitals follow these manufacturer-recommended cleaning steps, the complex design of certain scopes may still allow bacteria or biological material to remain inside internal channels or mechanical components.

Medical Scope Infection Risks

Patients involved in reusable surgical scope infection lawsuits often developed serious infections after undergoing endoscopy, ERCP, colonoscopy, or bronchoscopy procedures.

When bacteria become trapped inside the internal channels or mechanical components of a scope, they may be introduced into the digestive tract, bile ducts, lungs, or bloodstream during a later procedure. These infections can range from localized bacterial illnesses to life-threatening systemic infections.

Infections linked to contaminated surgical scopes generally fall into three major categories:

• Systemic infections, including sepsis and bloodstream infections
• Antibiotic-resistant bacterial infections, sometimes referred to as superbugs
• Severe complications and secondary conditions, such as organ failure or exposure to blood-borne diseases

Sepsis and Bloodstream Infections

Some of the most serious injuries reported in surgical scope infection lawsuits involve systemic infections, which occur when bacteria enter the bloodstream or spread throughout the body.

• Sepsis: Sepsis is a life-threatening condition that occurs when the body’s response to infection causes widespread inflammation and organ dysfunction. Patients may experience fever, low blood pressure, confusion, and organ failure. Without rapid treatment, sepsis can become fatal.
• Septic shock: A severe form of sepsis that causes dangerously low blood pressure and widespread organ failure. Septic shock requires intensive care and has a high mortality rate.
• Bloodstream infections (Bacteremia): Occur when bacteria enter the bloodstream during a medical procedure. These infections can spread rapidly throughout the body and may lead to sepsis, heart infections, or organ damage.
• Cholangitis (Bile duct infections): ERCP procedures involve the bile ducts, and contaminated scopes may introduce bacteria directly into this system. Acute cholangitis is a serious infection that can cause fever, abdominal pain, jaundice, and sepsis.

Because scopes are used in areas that connect directly to the bloodstream or internal organs, infections introduced during procedures can become systemic very quickly.

Antibiotic-Resistant “Superbug” Infections

Many surgical scope infection outbreaks involved drug-resistant bacteria, often referred to as superbugs, which are difficult to treat with conventional antibiotics. These infections have been a major focus of surgical scope lawsuits and regulatory investigations.

• Carbapenem-Resistant Enterobacteriaceae (CRE): CRE is one of the most dangerous infections linked to contaminated duodenoscopes. These bacteria are resistant to powerful antibiotics known as carbapenems, which are typically used as a last resort. CRE infections can lead to sepsis, pneumonia, and organ failure, with mortality rates approaching 40% to 50% in severe cases.
• Klebsiella infections: Klebsiella pneumoniae is commonly associated with hospital-acquired infections and has been responsible for many CRE outbreaks. It can cause severe pneumonia, bloodstream infections, and digestive tract infections.
• Escherichia coli (E. coli) infections: Some strains of E. coli can cause serious bloodstream infections and sepsis when introduced into sterile areas of the body during medical procedures.
• Enterococcus infections: Enterococcus bacteria are normally found in the gastrointestinal tract but can cause dangerous infections when introduced into the bloodstream or internal organs.
• Staphylococcus aureus and MRSA: These bacteria can cause infections in the lungs, bloodstream, and surgical sites. Methicillin-resistant Staphylococcus aureus (MRSA) is particularly dangerous because it resists many common antibiotics.
• Pseudomonas infections: Pseudomonas aeruginosa is commonly found in hospital environments and can cause severe respiratory infections, bloodstream infections, and surgical site infections.

These bacteria are particularly dangerous because they may resist standard antibiotic treatments, making infections more difficult to control once they develop.

Organ Failure and Exposure to Blood-Borne Diseases

In severe cases, infections caused by contaminated surgical scopes may lead to serious medical complications or exposure to infectious diseases.

• Organ failure: Severe infections can damage vital organs including the kidneys, liver, lungs, or heart. Organ failure often occurs when infections progress to sepsis or septic shock.
• Tuberculosis exposure: Improperly sterilized medical equipment may potentially transmit tuberculosis bacteria in healthcare settings.
• HIV exposure risk: Although rare, improperly disinfected medical equipment may expose patients to blood-borne viruses such as HIV if contaminated biological material remains inside the device.

Many lawsuits involve patients who developed sepsis, bloodstream infections, or organ failure within weeks after undergoing a scope procedure, requiring hospitalization, emergency treatment, or intensive medical care.

Symptoms of Infection After an Endoscopy or Colonoscopy

Patients who develop infections after a contaminated surgical scope procedure often begin experiencing symptoms within 24 to 48 hours, although some infections may take several days or even weeks to appear. Medical literature indicates that scope-related infections can develop any time within about 30 days after a procedure, particularly following ERCP or other complex endoscopic procedures.

Common warning signs of infection after an endoscopy, colonoscopy, or ERCP procedure include:

• Fever and chills
• Low blood pressure
• Rapid heart rate
• Abdominal pain
• Persistent nausea or vomiting
• Cough or breathing difficulties
• Extreme fatigue or weakness
• Skin rash or joint pain

Olympus Scope Recalls and Warnings

Several Olympus endoscopes and accessories have been linked to FDA recalls, safety alerts, and infection investigations over the past decade.

Olympus Endoscope Recall

Olympus issued a recall for the MAJ-891 forceps/irrigation plug in December 2024, which is a reusable accessory for certain Olympus endoscopes. Regulators determined the device could trap bacteria and biological material if it was not properly disassembled and cleaned.

The recall followed reports linking the device to 120 patient injuries and one death, raising concerns that contaminated endoscope components could expose patients to serious infections.

FDA Calls for Transition to Disposable Duodenoscopes Due to Infection Risks

On April 5, 2022, the FDA issued a safety communication urging hospitals to transition away from reusable duodenoscopes to models with disposable components or fully disposable designs due to ongoing infection risks.

Post-market studies found that 6.6% of reusable duodenoscopes still carried high-concern organisms after cleaning, compared to 0.5% of scopes with disposable components, highlighting persistent contamination risks even when hospitals followed reprocessing instructions.

Olympus TJF-Q190V Duodenoscope Recall

In November 2021, the FDA announced a recall of certain Olympus TJF-Q190V EVIS EXERA III duodenoscope devices, which is a reusable scope used during ERCP procedures.

The recall required updated inspection and reprocessing instructions after reports that contamination and device issues could increase infection risks.

Olympus Urological Endoscopes Warning

The FDA issued an alert in April 2021, warning healthcare providers that reprocessed urological endoscopes, including cystoscopes, cystourethroscopes, and ureteroscopes, were linked to more than 450 infection reports between 2017 and 2021, including three patient deaths.

Regulators said the infections may be related to device contamination during the reprocessing process, inadequate cleaning instructions, or possible design issues, prompting a federal investigation into the safety of the devices.

Medical Studies on Infection Risks After Endoscopy Procedures

A growing body of medical research has examined infection risks associated with endoscopy procedures and reusable surgical scopes.

• Gastrointestinal Endoscopy (January 2025): Investigators reviewing duodenoscope contamination and detection methods reported that documented outbreaks linked to contaminated scopes infected at least 490 patients and caused 32 deaths. The study found current detection and surveillance methods may underestimate contamination levels, suggesting infection risks may be higher than reported.

• Journal of Hospital Infection (June 2025); Researchers found contaminated duodenoscopes used during ERCP procedures can transmit microorganisms to patients even when recommended cleaning protocols are followed. The study confirmed that duodenoscope-associated colonization and infection represent a recognized clinical risk tied to reusable scope design and reprocessing limitations.

• Infection Control & Hospital Epidemiology (March 2022): Researchers tested reprocessed duodenoscopes from 16 U.S. clinical sites and found bacterial contamination on scopes considered ready for patient use. The study concluded that current reprocessing protocols cannot reliably eliminate microbial contamination, leaving patients exposed to potential infection during ERCP procedures.

• The Lancet (August 2020): A meta-analysis of 15 studies covering 13,112 duodenoscope samples found 15.25% of patient-ready reusable duodenoscopes remained contaminated even after standard high-level disinfection. Enhanced reprocessing methods lowered contamination but still left approximately 9.2% of scopes contaminated, indicating persistent infection risk.

Speak With a Scope Infection Lawyer

Individuals who developed serious infections after an ERCP, endoscopy, colonoscopy, or bronchoscopy involving reusable surgical scopes may be eligible to file a reusable surgical scope lawsuit.

Attorneys are reviewing cases involving infections, sepsis, organ failure, or other complications that occurred after a scope procedure. These claims seek compensation for medical bills, long term health problems, lost income, and other damages. You may qualify for a surgical scope infection lawsuit if:

• You underwent an ERCP, endoscopy, colonoscopy, or bronchoscopy procedure
• The procedure involved a reusable surgical scope
• You developed a serious infection within weeks after the procedure
• The infection required hospitalization, IV antibiotics, or caused severe complications

Consultations are always free and all cases are handled on a contingency fee basis, meaning there are no upfront costs and no attorney fees unless compensation is recovered.