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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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I think so / not sure

Free · confidential · no fee unless there is a recovery · answering doesn’t commit you to anything. Court costs and litigation expenses are advanced by counsel and repaid from the recovery. You are not responsible for court costs or litigation expenses if there is no recovery, unless a court directs otherwise. The attorney’s fee is a percentage of the gross recovery, calculated before expenses are deducted.

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Attorneys Stefanie A. Murphy and Matthew T. Marin of Marin & Murphy Law Firm

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.

Rhode Island patients who developed infections after Olympus scope procedures may have legal rights in the Olympus scope lawsuit. Marin & Murphy Law Firm is a Rhode Island-licensed firm that has represented clients throughout Rhode Island since 2008. Rhode Island’s statute of limitations for personal injury claims is three years from the date of injury. Call (401) 316-9423 for a free case evaluation.

70–80%

Olympus U.S. Market Share — Flexible Scopes

$85M

Olympus Guilty Plea Penalty — DOJ 2018

445+

Five-Star Google Reviews — Firm-Wide

3 Years

RI SOL — Filing Deadline

⚠  RI PATIENTS: 3-YEAR FILING DEADLINE

Rhode Island has a three-year statute of limitations for personal injury claims. Contact an attorney promptly to protect your rights.

Free Case Evaluation — No Fee Unless There Is a Recovery

(401) 316-9423

Available 24/7  ·  Contact Marin & Murphy today for a free case evaluation. Court costs and litigation expenses are advanced by counsel and repaid from the recovery. You are not responsible for court costs or litigation expenses if there is no recovery, unless a court directs otherwise. The attorney’s fee is a percentage of the gross recovery, calculated before expenses are deducted.

Olympus scope claims are handled together with co-counsel, who carry principal responsibility for these matters; Marin & Murphy maintains joint responsibility. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principal responsibility. Whether a claim is accepted is determined after review, and no attorney-client relationship is created until a written engagement agreement is signed.

⚖️

See if you qualify

A few quick questions about your scope procedure, the infection you were diagnosed with, and whether you were hospitalized. This is the initial intake screening, not a full case review. Most people finish in about two minutes.

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Why Rhode Island Patients Must Act Immediately

Rhode Island patients who developed infections after Olympus scope procedures may have legal rights in the Olympus scope lawsuit. This is a national product liability litigation targeting Olympus Medical Systems Corporation for designing and distributing endoscopes with a fixed elevator mechanism that cannot be fully cleaned using standard hospital reprocessing protocols. Rhode Island patients are eligible to file claims in this litigation on the same basis as patients in any other state.

Marin & Murphy Law Firm is Rhode Island’s home-state firm in this litigation. Matthew T. Marin, J.D., has been admitted to the Rhode Island Bar since 2008 (Bar No. 7934). Stefanie A. Murphy, J.D., is also admitted in Rhode Island. The firm has represented Rhode Island clients since its founding in December 2008 and maintains offices in Cranston, East Greenwich, South Kingstown, and Providence. For Rhode Island patients, there is no need to retain an out-of-state firm for this litigation — your home-state attorney is directly involved. Rhode Island’s statute of limitations for personal injury claims is three years from the date of injury.

For an Olympus scope infection, the clock typically begins on the date the infection was diagnosed, or the date a reasonable person would have known to connect the infection to the scope procedure. Most Rhode Island patients infected in 2022, 2023, or 2024 are within their three-year window. Patients infected in 2021 should contact an attorney immediately to confirm their deadline. Patients who believe their deadline may have passed should still contact us before assuming they have no options Contact Marin & Murphy today for a free case evaluation: (401) 316-9423.

What Is the Olympus Scope Lawsuit?

The Olympus scope lawsuit is a product liability litigation against Olympus Medical Systems Corporation and its parent, Olympus Corporation, for manufacturing endoscopes that are defective because their design makes them impossible to fully sterilize using standard hospital cleaning protocols. The design defect centers on the fixed elevator mechanism at the tip of duodenoscopes — a recessed chamber beneath a movable metal flap that fills with patient bacteria during procedures and cannot be reliably penetrated by standard high-level disinfection.

When a scope is used on the next patient, those bacteria can be introduced directly into that patient’s body. Multiple independent peer-reviewed studies confirm this failure. A 2024 analysis spanning eight years of duodenoscope cultures found that approximately 15% of patient-ready duodenoscopes remained contaminated with gastrointestinal microorganisms despite reprocessing, and that the interventions studied did not clearly reduce contamination rates.

(van der Ploeg et al., Gut, 2024.) The legal watershed in this litigation was Olympus’s December 2018 federal criminal guilty plea. Olympus Medical Systems Corporation and former senior executive Hisao Yabe pleaded guilty to three counts of distributing misbranded medical devices and paid $85 million in penalties, for failing to file FDA-required adverse-event reports about infections. (Source: DOJ press release, December 10, 2018.) Olympus pleaded guilty in 2018 and paid an $85 million criminal penalty (United States v. Olympus Medical Systems Corp., D.N.J. 2018).

Whether and how that record affects the available defenses or proof of causation in any individual case is decided by the court applying the law to the facts. The most recent major development is Olympus’s October 2025 Urgent Field Safety Notice, in which Olympus updated its reprocessing instructions and issued a Visual Inspection Guide recommending 10X magnification, and reported 2 deaths and 5 serious injuries from infection potentially related to these devices since 2024 — while stating it could not determine whether the devices caused the infections.

As of June 2026, no MDL has been filed or is currently pending; cases are proceeding as individual lawsuits in federal and state courts.

Why Rhode Island Patients Are at Risk

Olympus holds approximately 70–80% of the U.S. flexible endoscope market, making Olympus devices the most likely endoscope brand encountered in virtually any Rhode Island hospital that performs ERCP, colonoscopy, bronchoscopy, or upper GI endoscopy. High-volume ERCP centers in Rhode Island that perform these procedures are consistent with national Olympus market-penetration figures. No specific outbreak data is being asserted as to any individual Rhode Island facility.

If you had a scope procedure at a Rhode Island hospital and developed an infection within 30 days, contact us.

Do You Qualify? Confirming Your Potential Claim

The confirmed intake criteria for the Olympus scope litigation establish the minimum threshold for a qualifying Rhode Island claim. A Rhode Island patient qualifies when all of the following criteria are met.

You may qualify if ALL of the following apply:

✓  Procedure date: On or after January 1, 2015

✓  Device class: Olympus bronchoscope, upper GI endoscope (duodenoscope, gastroscope, or enteroscope), or colonoscope

✓  Confirmed infection: Documented in medical records

✓  Hospitalized: Inpatient admission required

✓  IV antibiotics: Administered during inpatient hospitalization

✓  Timeline: Infection and hospitalization within 30 days of scope procedure

✓  No exclusions: Not on active dialysis or chemotherapy

✓  Device disintegration: Scope or component broke apart during procedure — separate claim theory, no 30-day window

Qualifying infection types include:

CRE bloodstream infections carry a mortality rate approaching 50% per CDC data (CDC MMWR Vital Signs, March 5, 2013). Device disintegration during procedure is a separate product liability theory — contact us to discuss. There is no 30-day window for device disintegration cases.

Even if you believe your filing deadline may have passed, contact us before assuming you have no options. Depending on the circumstances of your case and how a potential global resolution is structured, there may still be options worth exploring with an attorney. Contact Marin & Murphy today for a free case evaluation: (401) 316-9423.

Not sure if you qualify? We’ll evaluate your situation for free.

(401) 316-9423

No Fee Unless There Is a Recovery  ·  Available 24/7  ·  Contact Marin & Murphy for a free case evaluation.

What Should Rhode Island Patients Do Now?

If you are a Rhode Island patient, you have three years to act. Complete these five steps — starting today.

1

Call an attorney before anything else.

Rhode Island’s three-year statute of limitations means your first call should be to a mass tort attorney. Call (401) 316-9423 for a free, confidential evaluation. We can assess your situation directly as your home-state attorneys.

2

Gather your procedure and infection records.

You will need: the procedure record identifying the hospital, date, and type of scope used; infection or diagnosis records; hospitalization records; and culture or laboratory reports identifying the organism. Your attorney can help you obtain these records.

3

Calculate your three-year filing deadline.

Rhode Island’s three-year statute of limitations typically runs from the date your infection was diagnosed — or the date you reasonably knew the infection was connected to the scope procedure. Acting before your state’s filing deadline protects your ability to pursue an individual claim.

4

Who Does the Hospital’s Risk Management Team Represent?

The hospital’s risk management department is employed by the hospital — not by you. Risk management’s role is to protect the hospital’s legal and financial interests. Any statements you make to hospital risk management may be used to limit your claim. If you are contacted by hospital risk management, inform your attorney before responding.

5

Do NOT sign any release, waiver, or settlement document.

Signing any document without attorney review could permanently extinguish your legal rights. Do not sign anything relating to your scope procedure or resulting infection without speaking to a mass tort attorney first.

Frequently Asked Questions

Can Rhode Island patients file an Olympus scope lawsuit?

Yes. Rhode Island patients who developed infections after Olympus scope procedures may have legal rights in this national product liability litigation. Rhode Island’s statute of limitations is three years from the date of injury. Marin & Murphy is a Rhode Island-licensed firm that has represented RI clients since 2008. Call (401) 316-9423 for a free evaluation.

What is the filing deadline for Rhode Island Olympus scope claims?

Rhode Island’s statute of limitations for personal injury claims is three years from the date of injury. For most patients, this begins on the date the scope-related infection was diagnosed. Patients infected in 2022 or later are almost certainly within their window. Patients infected in 2021 should contact an attorney immediately. Even patients who believe their deadline has passed should contact us before assuming they have no options.

Which Rhode Island hospitals use Olympus scopes?

Olympus holds approximately 70–80% of the U.S. flexible endoscope market. Major Rhode Island facilities that perform ERCP, colonoscopy, bronchoscopy, and upper GI endoscopy — including the state’s academic medical centers and high-volume GI referral hospitals — are consistent with the national Olympus market penetration figures. We are not claiming any confirmed RI-specific outbreaks. If you had a scope procedure at any Rhode Island hospital and developed an infection within 30 days, contact us.

I had an ERCP at a Rhode Island hospital and developed an infection — what should I do?

Contact Marin & Murphy immediately for a free evaluation. Gather your procedure records (name of hospital, date, type of scope used) and your infection records (diagnosis, hospitalization dates, IV antibiotic treatment). Calculate your three-year filing deadline from the infection date. Acting before your state’s filing deadline protects your ability to pursue an individual claim.

What is the Olympus scope lawsuit?

The Olympus scope lawsuit is a national product liability litigation against Olympus Medical Systems Corporation for designing and distributing flexible endoscopes with a fixed elevator mechanism that cannot be fully cleaned using standard reprocessing protocols. Olympus pleaded guilty in December 2018 to federal criminal charges and paid $85M, for failing to file FDA-required adverse-event reports about infections.

As of June 2026, no MDL has been filed or is currently pending; cases are proceeding as individual lawsuits in federal and state courts.

Who qualifies to file in Rhode Island?

Rhode Island patients qualify when: (1) procedure with an Olympus bronchoscope, upper GI endoscope, or colonoscope on or after January 1, 2015; (2) confirmed infection diagnosis; (3) inpatient hospitalization for the infection; (4) IV antibiotic treatment during hospitalization; (5) infection within 30 days of the scope procedure; (6) no active dialysis, chemotherapy, or abdominal procedure in the 30 days prior to the scope procedure.

How much is a Rhode Island Olympus scope claim worth?

Case value depends on the specific facts — the severity of the infection, the length of hospitalization, whether there was organ damage, permanent disability, or death, and the economic damages such as medical bills and lost income. Cases involving serious infections, extended hospitalization, or catastrophic outcomes generally carry higher potential value than cases resolved with shorter treatment. Because this litigation is still in its early stages, there is no established settlement matrix, and no specific dollar outcome can be predicted for any individual case.

The most significant publicly reported jury verdict in duodenoscope litigation came in a 2017 King County, Washington case (Bigler v. Olympus), in which the jury awarded $6.6 million to the hospital and $1 million to the patient’s family on a failure-to-warn theory while rejecting the design-defect claim — but prior results do not guarantee a similar outcome. See our Olympus scope lawsuit settlement value guide for more information.

That verdict was obtained by the plaintiffs’ trial counsel in that case — not by Marin & Murphy Law Firm, which had no role in the Bigler litigation. In January 2018 the court granted the patient’s family a new trial after finding that Olympus had withheld internal safety records, and the family’s claims were later resolved by confidential settlement. It is cited here as public-record context only; results vary, and no outcome in another case predicts or guarantees a similar result in any other matter.

Does Marin & Murphy handle Olympus scope cases for Rhode Island patients?

Yes. Marin & Murphy is a Rhode Island-licensed firm that has represented RI clients since 2008. Matthew T. Marin (RI Bar #7934, since 2008) and Stefanie A. Murphy are both admitted in Rhode Island. This is a home-state representation — you are not being referred to an out-of-state law firm. We maintain four Rhode Island office locations and are actively investigating Olympus scope claims for RI patients. Contact us at (401) 316-9423 for a free consultation.

Ready to discuss your potential Rhode Island case?

(401) 316-9423

Free confidential evaluation  ·  No Fee Unless There Is a Recovery  ·  Available 24/7 Contact Marin & Murphy Law Firm for a free case evaluation.

Sources — Click to expand
  1. Bomman S, Ashat M, Nagra N, et al. Clinical Endoscopy. 2022;55(1):33–40. PMID 34974676; PMC8831410. Pooled contamination rate of 5% in post-enhanced-reprocessing (ESRT) patient-ready duodenoscopes; 0.8% for high-risk organisms.
  2. van der Ploeg K, et al. Gut. 2024;73(4):613-621. PMID 38182137. Approximately 15% of patient-ready duodenoscopes remained contaminated over an 8-year analysis; implemented interventions showed no clear association with reduced contamination.
  3. U.S. Department of Justice. Press Release. Olympus Corporation and Executive pleaded guilty. December 10, 2018. Case No. 2:18-cr-00727-SRC.
  4. Olympus Corporation. Urgent Field Safety Notice: TJF-Q190V, TJF-Q290V, TJF-Q170V Duodenoscopes. October 14–17, 2025. 2 deaths, 5 injuries. Prior protocols insufficient. (on file)
  5. U.S. Food and Drug Administration. Recall No. Z-0905-2025 (MAJ-891). December 18, 2024. 30,140 units. 120 injuries, 1 reported death (cystoscope procedures).
  6. U.S. Food and Drug Administration. Import Alert 89-04: Detention Without Physical Examination of Olympus Medical Devices. June 24, 2025. 58 device models blocked (four device categories), Aizu facility.
  7. U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee. “Preventable Tragedies: Superbugs and How Ineffective Monitoring of Medical Device Safety Fails Patients.” January 13, 2016. At least 25 duodenoscope-associated outbreaks affecting approximately 250 patients worldwide.
  8. Ross AS, Baliga C, Verma P, Duchin J, Gluck M. Gastrointest Endosc. 2015 Sep;82(3):477-83. PMID 26092616. Virginia Mason Medical Center outbreak — no HLD breach found.
  9. King County Superior Court, Seattle, WA (Bigler v. Olympus), July 24, 2017. Jury awarded $6.6 million to the hospital and $1 million to the patient’s family on a failure-to-warn theory; design-defect claim rejected. (on file)
  10. U.S. Food and Drug Administration. Safety Communication: Design of Olympus Duodenoscopes and Potential Risks of Infection. February 19, 2015.
  11. January 2026.

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.

Attorney Advertising. Marin & Murphy Law Firm. Prior results do not guarantee a similar outcome.

A June 2026 Washington wrongful-death filing, Bruto Da Costa v. Olympus (W.D. Wash.), is among the most recent Olympus duodenoscope cases — see the Olympus scope lawsuit overview for details.