Olympus Scope Lawsuit New York — Legal Rights for New York Patients

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Olympus Scope — Infection Litigation

The Olympus Scope Infection Litigation, Explained

Olympus pleaded guilty in federal court to failing to report scope infections — $85 million in penalties, 250+ patients affected. Here is what is publicly known.

ACTIVE LITIGATION. Most recent filing: June 2026 · deadlines vary by state — some as short as one year.

Marin & Murphy is not licensed in New York; details below.

Stefanie A. Murphy & Matthew T. Marin

Partners

Super Lawyers® honorees · members of the American Association for Justice · concentrating in personal injury and mass-tort litigation.

Whether any individual has a claim depends on their medical records and the law of their state. The information below covers the litigation itself.

What Is the Olympus Scope Lawsuit?

The Olympus scope lawsuit is a product liability litigation against Olympus Corporation for providing hospitals with inadequate cleaning and reprocessing instructions for its endoscopes. Product liability claims against Olympus in New York are grounded in design defect (the elevator channel in Olympus duodenoscopes cannot be reliably decontaminated by standard HLD, a fact known to Olympus prior to widespread clinical deployment), failure to warn (Olympus did not timely disclose known CRE transmission risks), and negligence (Olympus had a duty to ensure its devices were safe for clinical use but delayed action on post-market surveillance data).

On December 10, 2018, Olympus Medical Systems Corporation pleaded guilty to three counts of distributing misbranded medical devices and paid $85 million in penalties — admitting it failed to file FDA-required adverse-event reports. (DOJ press release, December 10, 2018; Case No. 2:18-cr-00727-SRC, D.N.J.) See our Olympus criminal history page for the full record of the guilty plea. The October 2025 Urgent Field Safety Notice admitted that prior reprocessing protocols for current-generation TJF duodenoscopes were insufficient and confirmed 2 deaths and 5 serious injuries.

The December 2024 MAJ-891 Class I Recall affected 30,140 units with 120+ reported injuries and 1 confirmed death. (FDA Recall Z-0905-2025.) Coordinated filings are expected in May 2026; Cases are proceeding as individual lawsuits in federal and state courts. Filing early may help preserve evidence and documentation.

Why New York Patients Are at Risk

Olympus holds approximately 70–80% of the U.S. endoscope market. The vast majority of New York hospitals performing ERCP, colonoscopy, and bronchoscopy use Olympus devices. Major New York facilities where ERCP and biliary procedures are routinely performed at high volume include:

• NYU Langone Health (New York City, NY): Major academic medical center and ERCP referral destination in Manhattan.
• Mount Sinai Hospital (New York City, NY): Academic medical center with active gastroenterology and biliary endoscopy programs.
• Montefiore Medical Center (Bronx, NY): Large academic health system serving the Bronx; performs high-volume GI endoscopy.
• Strong Memorial Hospital / URMC (Rochester, NY): Regional academic medical center performing ERCP and complex GI procedures for upstate NY.

No specific outbreak data for these institutions is being asserted here — Olympus’s dominant U.S. market share makes these facilities statistically likely users of Olympus devices.

Criteria for This Litigation

The following criteria define eligibility for this litigation:

• ☐  Underwent ERCP, biliary stenting, sphincterotomy, or related procedure at a New York facility on or after January 1, 2015.
• ☐  Procedure performed with an Olympus duodenoscope (TJF-Q180V or similar model).
• ☐  Subsequently diagnosed with CRE, carbapenem-resistant Klebsiella, carbapenem-resistant E. coli, or other antibiotic-resistant infection.
• ☐  Suffered documented harm: extended hospitalization, additional antibiotic treatment, serious complications, or death.
• ☐  IV antibiotic treatment during hospitalization required.
• ☐  Infection and hospitalization within 30 days of scope procedure.
• ☐  Claim within New York’s 2.5-year statute of limitations from the date of injury (CPLR § 214).

Note: Wrongful death claims in New York must be filed within 2 years of the decedent’s death and must be brought by the personal representative of the estate. Survivors may also pursue separate claims for personal injury.

Frequently Asked Questions: New York Duodenoscope Lawsuit

Can New York patients file an Olympus duodenoscope lawsuit?

Yes — New York patients harmed by a contaminated Olympus duodenoscope can file a product liability lawsuit in New York state or federal court. New York’s statute of limitations is 2.5 years (two years and six months) from the date of injury under CPLR § 214.

What is New York’s statute of limitations for a duodenoscope case?

New York applies a 2.5-year (two years and six months) statute of limitations for personal injury claims under CPLR § 214, running from the date of injury. New York also recognizes a discovery rule in certain cases involving latent injuries or fraudulent concealment. Note: Wrongful death claims in New York must be filed within 2 years of the decedent’s death.

What is CRE and why is it so dangerous?

CRE (Carbapenem-Resistant Enterobacteriaceae) are bacteria resistant to carbapenem antibiotics — drugs considered last-resort treatments. When CRE is transmitted via a contaminated duodenoscope, patients often have no warning and few treatment alternatives. Serious CRE infections carry mortality rates approaching 50% in severe cases, and treatment may require prolonged hospitalization and combinations of toxic antibiotics.

What compensation may be available in a New York duodenoscope case?

Potential damages in a New York product liability or negligence case may include medical expenses, lost wages and future earning capacity, pain and suffering, emotional distress, and in wrongful death cases, loss of consortium and pecuniary losses. Punitive damages may be available where manufacturer conduct was particularly egregious. The value of any specific claim depends on individual facts. Prior results do not guarantee a similar outcome.

How do I know if my ERCP involved an Olympus duodenoscope?

Request your procedure records from the hospital, including device identification logs and operative reports. Major New York academic centers regularly used Olympus TJF-Q180V duodenoscopes during the period of documented contamination risk (2012–2019).

Is it too late to file if my ERCP was years ago?

It depends on your specific timeline. New York’s 2.5-year statute runs from the date of injury. If you were not informed of the contamination risk until years after your procedure, a discovery rule or fraudulent concealment argument may potentially extend your deadline in limited circumstances. New York deadlines are strictly enforced, though the discovery rule and fraudulent-concealment doctrine may apply in limited circumstances.