Do I Qualify for the Olympus Scope Lawsuit? Eligibility Criteria

Do I Qualify for the Olympus Scope Lawsuit?

You may qualify for the Olympus scope infection lawsuit if you had an ERCP, upper endoscopy (EGD), colonoscopy, or bronchoscopy in 2015 or later and, within 30 days of the procedure, you were hospitalized with a serious infection, diagnosed with sepsis or an antibiotic-resistant “superbug” infection, or received a notice-of-exposure letter from the hospital. These are the initial screening criteria used by Marin & Murphy Law Firm; they evolve as the litigation develops, and eligibility is always confirmed by an attorney review at intake. Call (888) 348-2735 or take the 3-minute confirmation review. The lawsuits allege that Olympus duodenoscopes and related endoscopes could not be reliably disinfected between patients; Olympus disputes liability, and no court has entered a final judgment of defect in these individual cases.

Criteria current as of August 11, 2026 · Marin & Murphy Law Firm · (888) 348-2735

Step 1 — The procedure: which scope procedures qualify

The litigation concerns endoscopic procedures performed with reusable flexible scopes. Marin & Murphy is reviewing claims involving these procedures performed in 2015 or later:

• ERCP (endoscopic retrograde cholangiopancreatography) — the procedure most closely linked to duodenoscope contamination
• Upper endoscopy (EGD)
• Colonoscopy
• Bronchoscopy (lung airway scope)

Procedures that are not part of this litigation: joint scopes (arthroscopy), bladder or urinary scopes (cystoscopy, ureteroscopy), and nasal or sinus scopes. If you are not sure which procedure you had, that does not disqualify you — the intake team identifies it from your records. Criteria are confirmed at intake by Marin & Murphy Law Firm, (888) 348-2735.

Step 2 — The injury: what must have happened within 30 days

Within 30 days of the procedure, at least one of the following:

• Hospitalization with an infection that required IV antibiotics
• A sepsis diagnosis
• A diagnosed antibiotic-resistant infection — CRE, MRSA, VRE, or another culture-confirmed resistant organism (E. coli, Klebsiella, and Pseudomonas infections are frequently involved)
• A diagnosis of HIV, tuberculosis, or organ failure following the procedure

You do not need to know the name of the organism — “the hospital told me it was a serious infection” is enough to start a review. These allegations concern infections attributed to contaminated scopes; whether a specific infection was caused by a specific scope is exactly what the attorney review and the medical records determine. Marin & Murphy Law Firm · (888) 348-2735.

You can also qualify with no confirmed infection: the notice-of-exposure route

If a hospital or health system sent you a letter saying you may have been exposed to a contaminated scope, you may have a claim even if you never developed a confirmed infection. Hospitals sent these letters after outbreaks and equipment findings; the letter itself is evidence. Keep it, note when it arrived and who sent it, and bring it to the review. A separate review route also exists where the scope broke or a piece of it came off during the procedure. Confirmed at intake — Marin & Murphy Law Firm, (888) 348-2735, or the 3-minute confirmation review.

What can affect case fit

Some clinical circumstances can affect whether a case fits the current litigation criteria — for example, other surgery performed during the same procedure, certain pre-existing conditions or treatments at the time of the hospitalization, the medical reason the procedure was performed, or an infection that was already being treated before the scope procedure. None of these are things you need to diagnose yourself, and answering “I’m not sure” never disqualifies you — the intake review resolves them from the records. If another law firm already represents you for this matter, we cannot review it a second time; that protection belongs to you and your current firm.

Timing and deadlines

Filing deadlines are set by state law and run from dates that differ by state — in some states the deadline can be as short as one year, and some states’ clocks do not wait for you to discover the cause of the infection. Deadlines are a legal determination that only an attorney can make for your specific facts; no answer on this page or in the screening review is a deadline determination. If your procedure was recent, or you have just received a notice letter, calling promptly protects your options: (888) 348-2735.

If the patient has passed away

A spouse, family member, or personal representative can start the review on behalf of someone who has died. The intake team will ask about the date and circumstances, the state where the person lived, and whether an estate has been opened or a personal representative appointed — none of which needs to be done before you call. Marin & Murphy Law Firm · (888) 348-2735.

Don’t know your scope model or have your records? That’s normal

Most patients were never told which scope was used. You do not need the device model, the operative note, or any records to start a review. If you want to gather them, here is where they live:

• The procedure report / operative note — request it from the hospital or endoscopy center’s medical-records department; it usually names the scope manufacturer and model (Olympus duodenoscope models include the TJF series).
• Infection records — hospital discharge summaries and lab culture results name the organism; see how duodenoscopes work and what CRE is and why it matters.
• A notice-of-exposure letter — if you received one, see what a hospital exposure letter means.

Save everything: hospital paperwork, discharge summaries, lab results, notice letters, and the names of the doctors and facility involved.

Frequently asked questions about qualifying

Do I qualify if I don’t know what kind of infection I had?

Yes, you can still start a review. The qualifying criterion is the clinical event — hospitalization with IV antibiotics, sepsis, or a diagnosed resistant infection within 30 days of the procedure — not your ability to name the organism. The records identify it. Confirmed at intake: Marin & Murphy, (888) 348-2735.

Do I qualify if I never got an infection but received an exposure letter?

Possibly, yes. The notice-of-exposure route does not require a confirmed infection. Keep the letter and start a review.

Does my procedure qualify if it was before 2015?

The current criteria cover procedures performed in 2015 or later. If your procedure was earlier, the general answer is that it falls outside the present screening criteria — but criteria evolve as the litigation develops, so a short call costs nothing.

Do I need to know that an Olympus scope was used?

No. Scope identity comes from the facility’s records — that is part of what the review establishes. Olympus held the large majority of the U.S. duodenoscope market in the relevant years, which is why scope identity so often resolves in these reviews.

Is there a deadline to qualify?

Yes — state filing deadlines apply and vary widely; some are as short as one year. Only an attorney can determine your deadline. Calling early is free and preserves options: (888) 348-2735.

Does qualifying mean I have a case or that I’ll receive compensation?

No. Meeting these criteria means your matter merits a free attorney review. No court has certified a class and no global settlement exists in this litigation; cases proceed individually, and every claim depends on its own facts. This page is attorney advertising and is not legal advice.

Confirm your eligibility now

Two ways, both free and confidential: take the 3-minute confirmation review — a few quick questions matching the criteria above — or call (888) 348-2735 and a person will walk through it with you. Completing a review is not a commitment and does not create an attorney-client relationship.

Attorney Advertising. Marin & Murphy Law Firm — attorneys licensed in Rhode Island, South Carolina, Connecticut, and Massachusetts; cases handled with co-counsel law firms where appropriate. This page states initial screening criteria only; it is not legal advice, and eligibility is determined solely by attorney review. Screening submissions — including those that do not currently qualify — are retained by the firm so your matter can be re-reviewed if criteria change; you may request deletion at any time. The lawsuits’ allegations are described as allegations. No MDL or class action exists in the Olympus scope litigation as of August 2026; individual lawsuits are proceeding. Court costs and litigation expenses are advanced by counsel and repaid from the recovery.