Olympus Wrongful Death Lawsuit Judge Calls for Quick Resolution

Detailed joint status report bringing Court up to speed on the lawsuit due by November 19.

A federal judge wants an Olympus scope wrongful death lawsuit ready for trial within little more than a year, seeking a quick resolution or early settlement.

In early June, Michelle Bruto Da Costa, the widow of Mark Bruto Da Costa, filed a lawsuit linking her husband’s 2023 death to an infection caused by a contaminated endoscope during an ERCP (endoscopic retrograde cholangiopancreatography) procedure. The complaint alleged that the medical scope was defectively designed, allowing infectious material to remain even after being properly sterilized.

That lawsuit has been assigned to U.S. District Judge Robert S. Lasnik in the U.S. District Court for the Western District of Washington, naming Olympus Corporation and several of its subsidiaries as defendants.

Olympus Endoscope Infection Risks

Endoscopes and other reusable medical scopes are used during ERCP, colonoscopy, upper endoscopy and bronchoscopy procedures, providing doctors with a camera and light for insertion into the human body. This means that proper sterilization between each procedure, known as processing, is necessary to prevent the spread of infectious materials from one patient to another.

Surgical scopes are used in more than 22 million gastrointestinal endoscopic procedures in the U.S. every year, containing small cameras, lights, long narrow channels and moving parts that allow doctors to examine internal organs, diagnose medical conditions and perform certain treatments without open surgery.

However, the devices have repeatedly been linked to infectious outbreaks and illnesses due to bacteria, biofilm, tissue and other debris remaining trapped inside the scopes.

This has resulted in Olympus scope infection lawsuits being filed in federal courts nationwide. Individuals often claim that design problems and a lack of proper warnings or processing instructions exposed individuals to serious bacterial infections, sepsis, organ failure and death.

Olympus Wrongful Death Lawsuit Order

On October 29, Judge Lasnik issued an order (PDF) establishing key scheduling deadlines as the litigation moves forward. The order requires both sides to submit a joint status report and discovery plan by November 19, 2026, outlining the major issues in the case and how they intend to proceed. Initial disclosures must be completed by January 4, 2027.

“The Report will be used in setting a schedule for the prompt completion of the case and the parties are reminded of their obligation to cooperate to secure the just, speedy, and inexpensive resolution of this case.”

— U.S. District Judge Robert S. Lasnik, Western District of Washington

The judge directed the parties to address several issues in their report, including the nature and complexity of the claims, deadlines for adding additional parties, potential related lawsuits and whether the case should be assigned to a magistrate judge. The report must also outline plans for conducting discovery, preserving evidence and resolving any anticipated disputes.

Judge Lasnik also requested recommendations for moving the case toward a timely resolution, including whether the parties intend to pursue settlement discussions outside of the required settlement conference.

In addition, the court asked both sides to estimate when the lawsuit would be ready for trial, emphasizing that he “expects that most civil cases will be ready for trial within one year of filing the Joint Status Report and Discovery Plan.”

Olympus Scope Lawsuits

While the case begins preparation for trial or settlement, Olympus scope infection lawsuit lawyers continue to review claims for individuals nationwide who suffered serious infections after an ERCP or other endoscopic procedure involving a potentially contaminated reusable scope.

Individuals may be eligible for compensation if they or a loved one suffered any of the following after a colonoscopy, endoscopy, ERCP or bronchoscopy:

All contaminated scope infection product liability lawsuits are handled on a contingency fee basis, meaning there are no upfront costs to have a lawyer investigate potential claims, and no legal fees or expenses are paid unless a settlement or recovery is obtained.

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