Endoscopy Infection Lawsuit Overview
Endoscopy infection lawsuits are being investigated on behalf of patients who developed serious infections following procedures involving certain reusable scopes, which may contain dangerous design defects that prevent the devices from being properly cleaned between patients.
An endoscopy is a broad category of procedures used to examine the digestive tract and other internal systems. These procedures rely on flexible scopes that are typically reused on multiple patients after cleaning and disinfection.
However, concerns have emerged that certain endoscope designs and reprocessing methods may allow bacteria to remain inside the device, increasing the risk of cross-contamination between patients.
As a result, a series of Olympus scope infection lawsuits are now being filed, with similar contamination concerns extending beyond endoscopy procedures to other types of reusable medical scopes. For more information, see our Colonoscopy Infection Lawsuit and ERCP Infection Lawsuit pages, which outline related claims involving infections linked to contaminated devices.
Who Can File an Endoscope Infection Lawsuit?
Financial compensation may be available for individuals who developed serious complications after undergoing an endoscopy procedure that may be linked to a contaminated scope. You may qualify for an endoscopy infection lawsuit if you experienced any of the following:
- CRE or other antibiotic-resistant infections
- Sepsis or bloodstream infections
- E. coli or other bacterial infections
- Pancreatitis with infection complications
- Hospitalization following endoscopy
- Long-term or life-threatening complications
There are no fees or expenses unless a settlement or recovery is obtained.
Find out if you qualify for a
SCOPE INFECTION LAWSUIT
Index of Endoscope Infection Lawsuits On This Page
What Is an Endoscopy?
Infection Risks From Reusable Endoscopes
Types of Bacteria Linked to Endoscopy Infections
Study Shows Widespread Endoscope Contamination
FDA Warnings, Recalls, and Safety Concerns About Endoscopes
Endoscope Manufacturers Named in Lawsuits
Endoscope Infection Lawsuit Compensation
Start an Endoscope Infection Claim Review
What Is an Endoscopy?
An endoscopy is a medical procedure that uses a flexible tube equipped with a camera and light to examine the inside of the body, most commonly the digestive tract. These procedures allow doctors to diagnose conditions, monitor disease, and perform certain treatments without the need for open surgery.
Endoscopes are inserted through natural openings in the body or through small surgical incisions, depending on the type of procedure being performed. The devices come into direct contact with internal tissue and bodily fluids, requiring thorough cleaning and disinfection before reuse.
Endoscopy is a broad category that includes a wide range of procedures, such as:
- Upper endoscopy (EGD) – examines the esophagus, stomach, and upper small intestine
- Colonoscopy – examines the colon and rectum for polyps, cancer, or other abnormalities
- ERCP – used to diagnose and treat conditions affecting the bile ducts and pancreas
- Bronchoscopy – allows doctors to view the airways and lungs
- Cystoscopy – examines the bladder and urinary tract
- Laparoscopy – involves inserting a scope through a small incision to view abdominal organs
- Sigmoidoscopy and enteroscopy – used to evaluate different portions of the digestive system
These procedures are widely performed in hospitals and outpatient settings, often using reusable scopes across multiple patients.
Any bacteria, viruses, or other microorganisms that remain on or inside the device after cleaning may be introduced into the body during a procedure, creating a risk of infection.
Infection Risks From Reusable Endoscopes
The central concern in these endoscopy lawsuits is the risk of infection from reusable scopes that may not be fully sterilized between procedures.
Potential causes of contamination include:
- Internal channels that are difficult to access and clean: Endoscopes contain long, narrow channels that fluids and instruments pass through, which may be too small or complex for cleaning tools to fully reach
- Residual biological material left behind after procedures: Blood, tissue, or digestive fluids can remain inside the device if not completely removed during cleaning, providing a source for bacterial growth
- Limitations in current disinfection methods: High-level disinfectants are used to kill bacteria, but may not fully penetrate all areas of the scope, especially in devices with complex internal structures
- Reuse of scopes across multiple patients: Because the same device is used repeatedly, any contamination that remains after cleaning may be transferred to the next patient
Even when proper cleaning procedures are followed, these factors may allow bacteria to persist inside the device and be introduced into another patient during a subsequent procedure.
Biofilm Formation Inside Endoscopy Scopes
One of the key factors believed to contribute to persistent contamination is the formation of biofilm, a protective layer that allows bacteria to attach to internal surfaces and resist disinfection. Once biofilm develops inside a scope, it can:
- Protect bacteria from chemical disinfectants used during cleaning
- Allow microorganisms to anchor themselves to internal surfaces
- Build up over time with repeated use of the device
- Serve as a source of contamination during future procedures
Certain bacteria linked to endoscopy-related infections, including drug-resistant organisms, are known to form biofilm, making them especially difficult to eliminate through standard sterilization methods.
Types of Bacteria Linked to Endoscopy Infections
Medical studies and outbreak investigations have identified several dangerous bacteria associated with contaminated endoscopy scopes, including:
- Carbapenem-resistant Enterobacteriaceae (CRE): Often referred to as “superbugs,” these bacteria are resistant to last-resort antibiotics and have been linked to multiple endoscope-related outbreaks
- Klebsiella pneumoniae: A common organism in CRE outbreaks that can cause severe bloodstream infections and pneumonia
- Pseudomonas aeruginosa: A bacteria known for forming biofilm and surviving in moist environments, including internal scope channels
- Multidrug-resistant organisms (MDROs): A broader category of bacteria that are difficult to treat and may lead to prolonged illness or complications
These infections can be severe, difficult to treat, and in some cases life-threatening.
Symptoms of an Endoscopy-Related Infection
Symptoms of infection after an endoscopy procedure may develop within days or weeks and should not be ignored.
- Fever and chills
- Abdominal pain or discomfort
- Nausea or vomiting
- Diarrhea or changes in bowel habits
- Fatigue or weakness
- Rapid heart rate
- Confusion or disorientation
- Difficulty breathing
- Low blood pressure
Study Shows Widespread Endoscope Contamination
Research has shown that contamination may persist on endoscopy scopes even after they are cleaned and cleared for use on patients.
In a review published in Endoscopy International Open, researchers analyzed contamination rates across multiple studies evaluating reusable scopes after standard reprocessing procedures. Key findings include:
- About 1 in 5 endoscopes showed bacterial contamination after cleaning: This means that even after undergoing recommended disinfection, a significant portion of scopes still tested positive for bacteria
- Contamination rates increased to nearly 30% under stricter testing standards: When more sensitive detection methods were used, even more scopes were found to carry bacteria, suggesting the problem may be underestimated
- Bacteria was detected on scopes considered safe for patient use: Devices that had already been cleaned and approved for reuse still showed signs of contamination, raising concerns about the effectiveness of current protocols
These findings have raised concerns that contamination may be linked to inherent design limitations in reusable endoscopy scopes, which may prevent them from being fully cleaned and sterilized, even when proper reprocessing procedures are followed.
FDA Warnings, Recalls, and Safety Concerns About Endoscopes
Federal regulators have raised ongoing concerns about the safety of reusable endoscopes, particularly due to the risk that bacteria may remain on devices even after cleaning.
Over the past decade, the U.S. Food and Drug Administration (FDA) has issued multiple safety communications, recalls, and guidance documents addressing infection risks associated with endoscope devices. Key regulatory actions include:
- FDA safety communication on duodenoscope design and infection risk: The FDA warned that the complex design of duodenoscopes, particularly features like internal channels and movable components, may prevent effective cleaning and disinfection. The agency acknowledged that bacteria had been transmitted between patients even when hospitals followed manufacturer-recommended reprocessing instructions.(FDA)
FDA recommendation to transition to safer duodenoscope designs: The FDA formally recommended that healthcare providers transition to duodenoscopes with disposable components or fully single-use devices, citing ongoing evidence that traditional reusable designs may allow contamination to persist and pose a continued risk of patient-to-patient infection. (FDA)
FDA guidance on reprocessing reusable medical devices: In its guidance, the FDA outlined specific challenges associated with cleaning complex reusable devices, including narrow channels, internal components that cannot be disassembled, and limitations in validating sterilization effectiveness. The agency emphasized that design characteristics can directly impact whether a device can be adequately disinfected. (FDA) - CDC overview of CRE infections linked to duodenoscopes: The CDC documented outbreaks of carbapenem-resistant Enterobacteriaceae (CRE), a highly drug-resistant “superbug,” that were traced to contaminated duodenoscopes. These investigations confirmed that dangerous bacteria could be transmitted through scopes, even in facilities that followed standard cleaning protocols. (CDC)
- Department of Justice action against Olympus for failure to report infections: The U.S. Department of Justice announced that Olympus agreed to pay $85 million after admitting it failed to report adverse events involving infections linked to its duodenoscopes. The case highlighted concerns that manufacturers were aware of infection risks but did not properly disclose them to regulators or the public. (DOJ)
These regulatory actions show that infection risks associated with reusable endoscopes have been recognized at the federal level and have been linked to ongoing concerns about device design, cleaning limitations, and patient safety.
Endoscope Manufacturers Named in Lawsuits
Several major medical device manufacturers have been linked to infection risks associated with reusable endoscopy equipment, particularly in connection with contamination concerns, regulatory actions, and prior outbreaks.
These companies produce a large percentage of the endoscopy scopes used in hospitals across the United States, which means design and safety issues may impact a significant number of patients.
Manufacturers identified in lawsuits and investigations include:
- Olympus: Olympus is the largest manufacturer of endoscopy devices worldwide and has been linked to multiple infection outbreaks involving contaminated scopes. The company has faced significant regulatory scrutiny, including federal penalties for failing to report infection risks associated with certain devices. Lawsuits have focused on whether specific scope designs made proper cleaning difficult or ineffective
- Pentax: Pentax endoscopes have also been associated with design concerns, including components that may allow bacteria and fluids to enter and remain inside the device. Investigations have raised questions about whether these design features may contribute to contamination risks even when cleaning protocols are followed
- Fujifilm: Fujifilm has faced regulatory attention related to reporting practices and potential infection risks involving its endoscopy devices. Like other manufacturers, concerns have focused on whether device design and reprocessing limitations may allow bacteria to persist within the scope
Together, these manufacturers account for the majority of endoscopy equipment used in clinical settings. Lawsuits allege that certain devices may share common design characteristics that make them difficult to fully sterilize, increasing the risk of infection when the scopes are reused across multiple patients.
Endoscope Infection Lawsuit Compensation
Individuals who develop serious infections after an endoscopy procedure may be entitled to financial compensation. Compensation may include:
- Medical expenses and hospital bills
- Costs of ongoing treatment or rehabilitation
- Lost wages or reduced earning capacity
- Pain and suffering
- Long-term complications or disability
Each case is unique, and compensation depends on the severity of the injury and its impact.
Are there any costs to hire an Endoscope Infection Lawyer?
There are absolutely no out-of-pocket costs to review your case or hire our attorneys. endoscopy scope infection claims are evaluated for individuals throughout the United States, and all cases are handled on a contingency fee basis.
Through contingency fee representation, individuals have access to the experience and resources of our national law firm to pursue compensation, regardless of their financial situation.
You pay nothing upfront to hire our endoscope infection lawyers, and we only receive attorney fees and expenses if compensation is recovered. Our law firm receives nothing unless we win your case!
What Are the Steps in an Endoscope Infection Case Evaluation?
Complete Our Case Evaluation Request Form. Providing contact information and some information about your endoscope infection case.
Get Contacted by Saiontz & Kirk You will be contacted by our law firm to help determine if financial compensation may be available for you and your family.
You Decide If You Want to Move Forward. If our lawyers determine that we can help with your case then you decide whether to move forward and hire us to pursue compensation.
FIND OUT IF YOU QUALIFY FOR AN ENDOSCOPE INFECTION SETTLEMENT