Olympus Endoscope Infection Lawyer in Houston

Were You Diagnosed With a Serious Infection After an Endoscopy or ERCP Procedure? 

Patients undergoing an endoscopic procedure expect the medical equipment used during their care to be properly designed, cleaned, disinfected, and safe for reuse.

Yet certain reusable endoscopes have raised serious concerns because bacteria and biological material can remain trapped in difficult-to-clean components even after reprocessing. 

Olympus duodenoscopes have been at the center of some of those concerns. These specialized endoscopes are used during endoscopic retrograde cholangiopancreatography, or ERCP, to diagnose and treat conditions involving the pancreas and bile ducts.

The FDA reports that more than 500,000 ERCP procedures are performed annually in the United States. 

For patients who develop a severe bacterial infection after an endoscopic procedure, determining what happened may require investigating the device itself, how it was cleaned and maintained, and whether known safety problems contributed. 

Houston personal injury attorney Charles J. Argento represents people who have suffered serious injuries involving dangerous and defective products.

If you or a loved one developed a significant infection after a procedure involving an Olympus endoscope, you may have questions about whether the equipment contributed to your illness and who may be legally responsible. 

Why Have Olympus Endoscopes Raised Infection Concerns?

Duodenoscopes are not simple medical instruments. They contain numerous small components and channels that allow physicians to perform procedures inside the gastrointestinal tract. 

That complexity can also make the devices difficult to clean. 

According to the FDA, tissue or fluid from one patient can remain in a duodenoscope if the instrument is not thoroughly cleaned and disinfected. In rare cases, contaminated equipment can then transmit infection from one patient to another.

Federal regulators began investigating the association between multidrug-resistant bacteria and duodenoscopes after the Centers for Disease Control and Prevention raised concerns in 2013. 

The issue has resulted in years of regulatory scrutiny, safety recommendations, design changes, recalls, and efforts to improve endoscope reprocessing. 

Olympus Has Faced Previous Federal Action Over Infection Reports

Concerns surrounding Olympus equipment are not based solely on isolated patient complaints. 

In 2018, Olympus Medical Systems Corporation pleaded guilty to distributing misbranded medical devices after failing to file required adverse-event reports involving serious infections associated with its duodenoscopes.

The U.S. Department of Justice reported that the underlying incidents included infections involving Pseudomonas aeruginosa and E. coli. The company agreed to pay $85 million in criminal fines and forfeiture and implement compliance reforms. 

That history does not mean every Olympus device is defective or that every infection following an endoscopy was caused by contaminated equipment. For an individual patient, the critical question is what caused the particular infection. 

How Can a Contaminated Endoscope Cause a Serious Infection?

Reusable endoscopes must undergo detailed cleaning and high-level disinfection between patients. If bacteria or biological material survives that process, a subsequent patient may potentially be exposed during a procedure. 

An infection may become especially dangerous when the bacteria involved are resistant to commonly used antibiotics. 

Depending on the organism and circumstances, a patient may experience fever, chills, abdominal pain, weakness, nausea, or other signs of infection after a procedure.

Severe infections can require hospitalization, intravenous antibiotics, additional procedures, and extended medical care. Some infections can progress to sepsis and become life-threatening. 

Anyone experiencing symptoms after an endoscopic procedure should seek appropriate medical care rather than attempting to determine the cause independently. 

Do You Have an Olympus Endoscope Infection Claim?

Developing an infection after ERCP or another endoscopic procedure does not automatically establish a product liability claim. 

A meaningful investigation may need to determine what equipment was used, whether the device had a relevant design or manufacturing problem, how it was reprocessed, whether other patients developed similar infections, and whether medical evidence connects the patient’s illness to the suspected contamination. 

Potentially important evidence can include: 

• Medical and hospitalization records. 
• The date and location of the endoscopic procedure. 
• The endoscope manufacturer and model. 
• Bacterial culture and laboratory results. 
• Notices received from the hospital or medical facility. 
• Device maintenance and reprocessing records. 
• FDA recalls, safety communications, or adverse-event information relevant to the particular device. 
• Records concerning other infections associated with the same equipment or facility. 
• Patients should keep any letter or notification they receive from a hospital, surgical center, physician, or other medical provider about possible exposure. 

Who May Be Responsible for an Endoscope-Related Infection?

Responsibility depends on why the contamination occurred. 

If a dangerous condition resulted from the design or manufacture of a medical device, a claim may involve the manufacturer.

Texas law defines product liability actions broadly to include claims against manufacturers or sellers for personal injury or death allegedly caused by a defective product. 

A different legal analysis may apply if an infection resulted from how a hospital, surgical facility, or health care provider cleaned, stored, maintained, or used the equipment.

Texas health care liability laws may govern claims against Texas health care providers, including specialized procedural requirements and deadlines. 

Some cases may involve questions about both the equipment and how it was handled. Identifying the appropriate defendants should therefore follow an investigation, not an assumption that either the manufacturer or medical facility must be responsible. 

What Compensation May Be Available After a Serious Infection?

A contaminated medical device can turn an intended diagnostic or therapeutic procedure into an unexpected medical crisis. 

When the evidence supports a legal claim, recoverable damages may depend on the injury’s nature and severity.

They can potentially include medical expenses, lost income, physical pain, impairment, and other losses recognized under Texas law. When an infection results in death, surviving family members may have separate questions about wrongful death and survival claims. 

The value of any case depends on its individual facts. Serious complications, prolonged hospitalization, permanent injuries, and future medical needs can substantially change the losses involved. 

Why Investigating the Device Early Matters

In an endoscope infection case, knowing that a patient underwent “an endoscopy” may not be enough. 

The specific device can matter. 

An investigation may need to identify the endoscope manufacturer, model, and potentially other identifying information.

Records may also be needed to establish how the equipment was reprocessed, whether it was inspected or repaired, and whether a recall or safety communication applied to it. 

Timing matters for another reason. Texas generally imposes a two-year limitations period on personal injury claims, while health care liability claims have their own statutory timing requirements.

Texas also has a statute of repose applicable to many product liability actions. Which rules apply depends on the claim’s nature and facts. 

Waiting can make it harder to investigate the circumstances and may jeopardize your ability to pursue a claim. 

Talk to Houston Personal Injury Lawyer Charles J. Argento About an Olympus Endoscope Infection

A serious infection after an endoscopic procedure can leave patients wondering whether their illness was an unavoidable complication or something that should never have happened. 

Charles J. Argento can investigate the circumstances surrounding the procedure, evaluate the medical and device evidence, and determine whether a defective product or other legally actionable conduct may have contributed to the infection. 

If you or someone you love developed a severe bacterial infection, sepsis, or other serious complications after an ERCP or another procedure involving an Olympus endoscope, contact Charles J. Argento & Associates. Call 713-225-5050 or contact the firm online to schedule a free consultation with a Houston personal injury lawyer.