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Eligible for a Surgical Scope lawsuit?

Infections After Colonoscopy, ERCP May Result in Lawsuits Over Olympus Scope Problems

Infections-After-Colonoscopy-ERCP-May-Result-in-Lawsuits-Over-Olympus-Scopes

With millions of individuals undergoing colonoscopy and ERCP procedures each year, there are growing concerns that reusable medical scopes may not be fully sanitized between patients, due to design limitations, which may result in a number of infection-related lawsuits against Olympus and other manufacturers in the coming months.

Colonoscopy and endoscopic retrograde cholangiopancreatography, known as ERCP, procedures are widely used to diagnose and treat digestive conditions. Colonoscopies are a cornerstone of colorectal cancer screening and prevention, while ERCP procedures are used to treat blockages in the bile ducts and pancreas. Both rely on flexible endoscopes, which are inserted deep into the body to visualize and treat internal organs without surgery.

Manufactured by a small group of major companies, led by Olympus Corporation, along with competitors like STERIS and Fujifilm, these endoscopes are complex and often reusable medical devices, which are equipped with cameras, lighting systems and narrow internal channels that can be difficult to access during cleaning.

Given the high cost of these instruments, endoscopes are designed for repeated use, requiring strict cleaning and disinfection protocols between patients. However, regulators and researchers have found that nearly 20% of reprocessed gastrointestinal endoscopes may still be contaminated when used in patients, suggesting that even when hospitals follow recommended reprocessing instructions provided by the manufacturers, bacteria can persist inside the devices, posing infection risks.

These contaminated scopes have been linked to reports of serious infections, including drug-resistant โ€œsuperbugโ€ outbreaks such as carbapenem-resistant Enterobacteriaceae, as well as E. coli, bloodstream infections and sepsis. In severe cases, patients have required extended hospitalization, suffered organ failure or died following procedures involving contaminated scopes.

As a result, Olympus scope infection lawsuits are now being pursued on behalf of a growing number of individuals who developed serious infections following colonoscopy, ERCP and other endoscopic procedures involving reusable scopes. It is expected that these claims will allege that certain endoscopes and duodenoscopes sold by Olympus were defectively designed in ways that prevent them from being fully sterilized, allowing bacteria to remain trapped inside the devices and transmitted between patients.

Olympus-Surgical-Scope-Infection-Lawsuit
Olympus-Surgical-Scope-Infection-Lawsuit

Reusable Scopes Pose Infection Risks to Millions Annually

Each year, more than 20 million gastrointestinal endoscopic procedures are performed in the United States, including an estimated 15 to 19 million colonoscopies and more than 650,000 ERCP procedures. Globally, the number of colonoscopies alone is estimated to reach nearly 50 million annually.

As the use of these procedures continues to grow, driven by an aging population and expanded screening efforts, millions of patients are exposed to reusable endoscopes each year. While these devices are essential for routine checkups, early detection and minimally invasive treatment, studies have shown that their widespread use may also be contributing to the number of infections and resulting injuries recorded each year.

In one review of multiple studies published in Endoscopy International Open, researchers looked at how often these devices still carried bacteria after they had already been cleaned and were considered ready for use on patients. Researchers found:

  • Colonoscopy scopes had the highest contamination rates, with bacteria found in nearly 1 out of every 3 devices
  • About 1 in 5 endoscopes were still contaminated, meaning bacteria were found even after cleaning
  • Upper endoscopy scopes, used to examine the stomach and esophagus, showed contamination in about 1 out of 4 cases
  • Duodenoscopes showed contamination in about 1 out of 7 cases
  • Contamination rates varied by region:
    • In North America, about 6 out of every 100 scopes tested positive for bacteria
    • In Europe, about 18 out of every 100 scopes were contaminated
  • When stricter standards were used to define contamination, the problem appeared even more significant:
    • Up to 3 out of every 10 scopes showed bacterial contamination under higher thresholds

These findings suggest that contamination is not limited to one specific type of device, but may occur across a wide range of reusable endoscopes.

Hidden Infection Risks After Routine Procedures

Colonoscopy and ERCP procedures are widely considered safe, but patients are often discharged within hours, leaving little opportunity to detect early signs of infection. As a result, complications linked to contaminated scopes may not become apparent until days later, when bacteria introduced during the procedure begin to spread.

Infections associated with reusable endoscopes have included E. coli, Klebsiella and carbapenem-resistant Enterobacteriaceae, known as CRE, which are often resistant to multiple antibiotics and difficult to treat. In some cases, these infections have led to prolonged hospital stays, invasive treatments or life-threatening complications such as sepsis.

Patients who undergo ERCP should be aware of symptoms that may indicate a developing infection, particularly within the first few days after the procedure. Warning signs may include:

  • Fever or chills
  • Severe abdominal pain
  • Nausea or vomiting
  • Jaundice or yellowing of the skin and eyes
  • Rapid heart rate
  • Fatigue or general weakness

Because ERCP procedures involve the bile ducts and pancreas, infections can progress quickly and may become severe if not treated promptly. In some cases, patients may develop sepsis, requiring emergency medical care.

Colonoscopy Infections May Be Underrecognized

Although colonoscopies are often viewed as routine screening procedures, emerging research suggests infection risks may be higher than previously recognized. Given the large number of procedures performed each year, even low contamination rates may cause thousands of infections after colonoscopy procedures.

Symptoms of a colonoscopy infection are sometimes dismissed as expected side effects, which can delay diagnosis. However, persistent or worsening symptoms may indicate a developing bacterial infection that requires medical attention.

After a colonoscopy, patients should monitor for symptoms that could indicate infection, including:

  • Persistent abdominal pain or cramping
  • Fever or chills
  • Diarrhea, especially if severe or prolonged
  • Rectal bleeding beyond expected levels
  • Nausea or vomiting
  • Signs of dehydration

Patients experiencing unusual or worsening symptoms after a colonoscopy should seek prompt medical evaluation, particularly if symptoms do not improve within a short period.

Olympus Scope Lawsuits Under Investigation

You may qualify for a contaminated 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.

Written By: Russell Maas

Managing Editor & Senior Legal Journalist

Russell Maas is a paralegal and the Managing Editor of AboutLawsuits.com, where he has reported on mass tort litigation, medical recalls, and consumer safety issues since 2010. He brings legal experience from one of the nationโ€™s leading personal injury law firms and oversees the siteโ€™s editorial strategy, including SEO and content development.



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About the writer

Russell Maas

Russell Maas

Russell Maas is a paralegal and the Managing Editor of AboutLawsuits.com, where he has reported on mass tort litigation, medical recalls, and consumer safety issues since 2010. He brings legal experience from one of the nationโ€™s leading personal injury law firms and oversees the siteโ€™s editorial strategy, including SEO and content development.