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Olympus Scope — Infection Claims
Hospitalized With an Infection After a Scope Procedure?
If you were told it was “just a complication,” Olympus’s federal guilty plea — and $85 million in penalties — tell a different story. In two minutes, you can know whether your case qualifies.
ACTIVE LITIGATION. 250+ patients · most recent filing: June 2026 · deadlines vary by state — some as short as one year.
Were you hospitalized with an infection within 30 days of an endoscopy or scope procedure?
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Stefanie A. Murphy & Matthew T. Marin
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You’ll get a straight answer even if it’s “you don’t qualify.” Everything you share is confidential — even if you never hire us. No fee unless there is a recovery; costs are advanced and reimbursed only out of a recovery. If you do qualify, our Olympus scope litigation team requests the medical and hospital records — you don’t chase them.
Qualification depends on what the medical records show — the scope involved, the infection, and the timing. We’ll review them and give you a straight answer either way.
Matthew T. Marin, J.D. — Admitted in Rhode Island, South Carolina, Connecticut, and Massachusetts
Stefanie A. Murphy, J.D. — Admitted in Rhode Island, Connecticut, and Massachusetts
The FDA has issued multiple warning letters to Olympus Corporation, imposed a Class I recall on Olympus accessories, and in June 2025 blocked 58 Olympus device models from entering the United States due to ongoing quality system violations at the company’s Japanese manufacturing facility. The complete enforcement record spans more than a decade and includes five major federal actions in addition to a December 2018 criminal guilty plea.
Regulatory Record Summary
Regulatory Body
U.S. Food and Drug Administration
Action Span
2015–2026 (ongoing)
Action Type
Warning Letters & Enforcement Record
Key Outcome
5 major enforcement actions / 58 device models blocked / $85M criminal fine
What Has the FDA Done to Enforce Against Olympus?
Five major FDA enforcement actions across a decade: the February 2015 FDA Safety Communication acknowledging inadequate cleaning instructions; the March 2018 Warning Letter MARCS-CMS 546986 documenting Olympus’s defiance of a mandatory postmarket surveillance order; the December 2024 Class I Recall of the MAJ-891 accessory; the June 2025 Import Alert 89-04 blocking 58 device models; and the October 2025 Urgent Field Safety Notice admitting prior protocols were insufficient.
Each action is more serious than the last. The pattern is not a compliance anomaly. The February 2015 FDA Safety Communication was the first public federal acknowledgment that Olympus’s duodenoscope cleaning instructions were inadequate. By that date, the FDA had received 75 Medical Device Reports involving approximately 135 patients between January 2013 and December 2014. (Source: FDA Safety Communication, February 19, 2015.) The communication stated that manufacturer cleaning instructions “may be inadequate to prevent the transmission of infection” — language notable for its uncertainty despite the FDA having received 75 MDRs documenting the problem.
The timeline context is critical: the February 2015 communication came three years after UPMC Presbyterian Hospital notified Olympus of the first confirmed US CRE outbreak (fall 2012), two years after the Virginia Mason Medical Center outbreak began (November 2012), and more than a year after the 2013 Illinois teaching-hospital outbreak was documented in JAMA (October 2014). (Source: Epstein L et al. JAMA. 2014;312(14):1447–1455. PMID 25291580.) By February 2015, hospital outbreaks had already infected over a hundred patients, killed multiple people, and been documented in peer-reviewed literature.
The Safety Communication was a delayed response to a problem the defendant corporation had failed to report.
What Is the Complete Olympus FDA Enforcement Timeline?
The following timeline documents all five major FDA enforcement actions against Olympus, from the February 2015 Safety Communication through the March 2026 Health Canada recall. Each entry references a confirmed primary source. Together they establish a decade-long pattern of regulatory non-compliance and delayed corrective action.
February 19, 2015
FDA — Safety Communication
The FDA issued its first public acknowledgment that manufacturer cleaning instructions for ERCP duodenoscopes “may be inadequate to prevent the transmission of infection.” At the time of this communication, 75 MDRs involving approximately 135 patients had already been filed with the FDA between January 2013 and December 2014. The Safety Communication came more than two years after Olympus first received hospital notifications of CRE outbreaks linked to its scopes.
Source: FDA Safety Communication, February 19, 2015, fda.gov
January 13, 2016
Senate HELP Committee — “Preventable Tragedies” Report
The Senate HELP Committee published “Preventable Tragedies: Superbugs and How Ineffective Monitoring of Medical Device Safety Fails Patients,” documenting at least 250 patients worldwide, across all three duodenoscope manufacturers, affected by duodenoscope-related infections and identifying this figure as likely a significant undercount. The report documented that Olympus’s December 2012 MDR about the UPMC outbreak appeared never to have been properly entered into the FDA’s adverse event database.
March 2018
FDA — Warning Letter MARCS-CMS 546986
Following the February 2015 Safety Communication, the FDA ordered Olympus to conduct mandatory postmarket surveillance under Section 522 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 360l). The order required Olympus to establish surveillance sites at hospitals actively using duodenoscopes and collect systematic contamination rate, infection transmission, and patient outcome data. More than two years later, the FDA documented that Olympus had established zero surveillance sites. Not one hospital. Not one data point. This surveillance non-compliance occurred simultaneously with the reporting failure that resulted in an $85 million criminal guilty plea in December 2018.
Source: FDA Warning Letter MARCS-CMS 546986, March 2018, fda.gov
December 10, 2018
DOJ — Criminal Guilty Plea
Olympus Medical Systems Corporation and former Vice President Hisao Yabe pleaded guilty to three counts of distributing misbranded medical devices (21 U.S.C. § 331(k)). Case No. 2:18-cr-00727-SRC, U.S. District Court for the District of New Jersey. Combined penalties: $85 million. Olympus admitted failing to file FDA-required adverse-event reports during the period encompassing all four named hospital outbreaks. The guilty plea occurred while the FDA March 2018 warning letter for surveillance non-compliance was still pending remediation.
March 2023
FDA — Warning Letter MARCS-CMS 654013
The FDA issued a second major warning letter addressing Olympus’s failure to investigate cracking of the MAJ-2315 distal end cover — a component of the duodenoscope distal tip assembly — for approximately two years after becoming aware of the defect. The same pattern: Olympus identifies a device problem, takes no corrective action, and eventually faces regulatory consequences. The MAJ-2315 cracking issue is distinct from the elevator mechanism contamination problem but reflects the same corporate response to device safety data. (Source: van der Ploeg et al., Gut, 2024, PMID 38182137.)
Source: FDA Warning Letter MARCS-CMS 654013, March 2023, fda.gov
December 18, 2024
FDA — Class I Recall Z-0905-2025 (MAJ-891)
FDA Class I Recall Z-0905-2025 was initiated for the MAJ-891 Forceps/Irrigation Plug — an Olympus accessory used during ERCP procedures. 30,140 units were distributed in the United States. Class I is the most serious FDA recall classification, reserved for devices where there is a reasonable probability that use will cause serious adverse health consequences or death. FDA-determined cause: labeling design. MAUDE adverse event reports: 120+ reported injuries and 1 confirmed death.
Source: FDA Recall Z-0905-2025, December 18, 2024, accessdata.fda.gov
June 24, 2025
FDA — Import Alert 89-04
FDA Import Alert 89-04 blocked 58 Olympus device models from entering the United States from the Aizu, Japan manufacturing facility. Legal basis: 21 CFR Part 820 Quality System Regulation noncompliance. An import alert authorizes customs detention of a company’s products without physical examination — based on prior documented violations. 58 device models means effectively the entire Olympus medical device product line from the Aizu facility was subject to detention at the US border.
Source: FDA Import Alert 89-04, June 24, 2025, accessdata.fda.gov
October 14–17, 2025
Olympus — Urgent Field Safety Notice
Olympus issued a worldwide Urgent Field Safety Notice admitting: (1) prior reprocessing materials and instructions for TJF-Q190V, TJF-Q290V, and TJF-Q170V duodenoscopes required updates because prior protocols were inadequate; (2) naked-eye visual inspection was declared insufficient; (3) 10X magnification tools — which hospitals had never previously been told to use — were now required to detect damage and contamination invisible to the naked eye; (4) 2 confirmed deaths and 5 serious injuries were linked to these scopes at the time of the notice. Ten years after the February 2015 Safety Communication, Olympus admitted its protocols had been inadequate throughout the entire claims period.
Source: Olympus Urgent Field Safety Notice, October 14–17, 2025 (on file; retrieved via Estonian RAVIMIAMEET archive; confirmed by HPRA Ireland)
March 2026
Health Canada — Recall
Health Canada recalled Olympus MAJ-1443 and MAJ-1444 valve accessories — the most recent global regulatory action against Olympus as of this sprint’s launch. The Health Canada recall confirms that Olympus’s device safety issues are not limited to US regulatory jurisdiction but represent a global pattern of product failures requiring multi-agency response.
Source: Health Canada Recall, March 2026 (on file)
What Does the Olympus Enforcement Record Mean for Patient Claims?
Why the FDA Enforcement Record Matters for Patient Claims
Each warning letter, recall, and enforcement action in the Olympus FDA record is potential evidence in a product liability claim. The legal standard for failure-to-warn and punitive damages requires showing that the manufacturer knew or should have known of a safety defect and failed to warn users. The Olympus enforcement record — spanning five major federal actions plus a criminal guilty plea — provides a decade of documented notice to the defendant. The pattern is not isolated negligence; it is systematic failure to act on known safety data. (Source: Bomman S et al., Clinical Endoscopy, January 2022, PMC8831410.)
- The enforcement timeline establishes continuous notice. The February 2015 Safety Communication, the March 2018 warning letter, the December 2018 guilty plea, the March 2023 warning letter, and the June 2025 import alert collectively establish that Olympus had documented notice of device safety issues from 2012 through the present. A defendant cannot claim ignorance of contamination risk when the FDA and DOJ have been documenting that risk for more than a decade.
- The surveillance defiance is direct evidence of the reporting failure. The March 2018 warning letter documents that Olympus — while simultaneously under criminal investigation for failing to report adverse events — established zero postmarket surveillance sites after a mandatory FDA order. Surveillance would have generated data confirming ongoing contamination rates. The failure to establish surveillance is consistent with a deliberate strategy of avoiding documentation of the contamination problem.
- The October 2025 UFSN is retroactive evidence of protocol inadequacy. Olympus’s October 2025 admission that prior reprocessing protocols for TJF-Q190V, TJF-Q290V, and TJF-Q170V duodenoscopes were inadequate extends the evidentiary foundation across the entire claims period. Every ERCP performed before October 2025 with those scopes was performed with a device that Olympus now admits could not be adequately inspected using the protocols that were in place. This is not a prospective safety improvement — it is a retroactive admission of prior inadequacy.
Why Does the June 2025 Import Alert Represent a Systemic Quality Failure?
The Part 820 Quality System violations cited in the June 2025 Import Alert are particularly significant because they are systemic — they reflect deficiencies in the quality management system governing how Olympus devices are designed, manufactured, and quality-controlled at the facility level. This is not a finding that one specific device failed one specific test. It is a finding that the quality controls governing everything Olympus manufactures at the Aizu facility were deficient.
(Source: FDA Import Alert 89-04, June 24, 2025.) 21 CFR Part 820 is the FDA’s Quality System Regulation — the comprehensive federal standard governing medical device design, manufacturing, testing, and quality control. A Part 820 violation at the primary manufacturing facility means that every Olympus medical device produced at the Aizu facility was subject to a quality management system that the FDA found deficient.
In product liability litigation, a systemic quality system failure is a much stronger predicate for punitive damages than an isolated device defect. It establishes that the failure was organizational, not accidental. The legal argument underlying this litigation is direct: Olympus — not the hospital — was responsible for providing safe cleaning instructions and devices. Hospitals reported following the reprocessing instructions provided by Olympus at the relevant time.
Whether those instructions were adequate, and whether they were in fact followed in every case, are contested issues that have been examined in litigation and in 2016 Senate HELP Committee findings. Olympus knew those instructions were inadequate, failed to warn hospitals and patients, failed to comply with FDA surveillance orders, and ultimately admitted in federal court that it failed to report this information. The FDA enforcement record provides the documentary foundation for that argument across every individual case.
(Source: Ross AS et al., Gastrointest Endosc., 2015, PMID 26092616; Humphries RM et al., Clin Infect Dis., 2017, PMID 29579235.)
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Frequently Asked Questions About Olympus’s FDA Enforcement Record
Sources (16 primary sources)
- FDA Safety Communication, February 19, 2015. fda.gov.
- FDA Warning Letter MARCS-CMS 546986, March 2018. fda.gov.
- FDA Warning Letter MARCS-CMS 654013, March 2023. fda.gov.
- FDA Recall Z-0905-2025 (MAJ-891 Forceps/Irrigation Plug), December 18, 2024. accessdata.fda.gov.
- FDA Import Alert 89-04, June 24, 2025. accessdata.fda.gov.
- Olympus Urgent Field Safety Notice, October 14–17, 2025. Retrieved via Estonian RAVIMIAMEET archive; confirmed by HPRA Ireland. (on file)
- Health Canada Recall (MAJ-1443 and MAJ-1444), March 2026. (on file)
- DOJ press release, December 10, 2018. justice.gov. Case No. 2:18-cr-00727-SRC, U.S. District Court for the District of New Jersey.
- 21 U.S.C. § 360l — Statutory authority for Section 522 postmarket surveillance orders under the Federal Food, Drug, and Cosmetic Act.
- 21 CFR Part 820 — FDA Quality System Regulation for medical devices.
- Ross AS, Baliga C, Verma P, Duchin J, Gluck M. Gastrointest Endosc. 2015;82(3):477–83. PMID 26092616.
- Epstein L, Hunter JC, Arwady MA, et al. JAMA. 2014;312(14):1447–1455. PMID 25291580.
- Humphries RM, Yang S, Kim S, et al. Clin Infect Dis. 2017;65(7):1159–1166. PMID 29579235.
- van der Ploeg K et al. Gut. 2024;73(4):613–621. PMID 38182137. DOI: 10.1136/gutjnl-2023-330355.
- Bomman S et al. Clinical Endoscopy. January 2022. PMC8831410.
- Senate HELP Committee. “Preventable Tragedies: Superbugs and How Ineffective Monitoring of Medical Device Safety Fails Patients.” January 13, 2016.
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Marin & Murphy Law Firm is investigating Olympus scope infection claims for patients in Rhode Island, South Carolina, Connecticut, Massachusetts, and nationwide. Contact us at
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Related Olympus scope lawsuit resources
- Main Olympus scope lawsuit page
- Olympus criminal history
- Exposure notification letters explained
- What is a duodenoscope?
- Colonoscopy scope contamination claims
- What CRE is and why it matters
- ERCP and duodenoscope contamination
- New York deadlines for duodenoscope claims
- Analysis of FDA adverse-event data
- What the MAJ-891 recall covers
- Bronchoscopy infection claims
- TB after a scope procedure
- Upper endoscopy infection lawsuit
- When an endoscope fails mid-procedure
- FDA detention of Olympus products
- Infections reported at Cedars-Sinai Medical Center
- Valuing an Olympus scope infection claim
- Sepsis after an endoscopy procedure
- Olympus scope lawsuit news and filings