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 Tennessee; 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.
If you had an endoscopy, colonoscopy, bronchoscopy, or ERCP in Tennessee and developed a confirmed infection, you may have a claim in the Olympus scope litigation. Tennessee has a 1-year filing deadline — the shortest of any state in this litigation — so time is critical. This page is provided as general information about Tennessee’s filing deadline and the public record of the Olympus litigation.
Tennessee’s 1-Year Filing Deadline
Tennessee has a one-year statute of limitations for personal-injury claims — the shortest deadline of any state involved in the Olympus scope litigation. In some cases the discovery rule may affect exactly when that year begins to run, but Tennessee patients should not assume they have time. If you had a scope procedure and later developed a serious infection, the single most important step is to have the timing of your claim reviewed quickly, because waiting can permanently bar an otherwise valid case.
What the Olympus Scope Litigation Is About
The litigation is based on a nationwide defect in Olympus reusable scopes — not on any single hospital. Olympus makes roughly 85% of the duodenoscopes used in the United States. The FDA has documented that these devices’ complex channels and elevator mechanism can retain blood, tissue, and bacteria between patients even when staff follow the manufacturer’s cleaning instructions. In 2018, Olympus Medical Systems Corporation pleaded guilty to distributing misbranded medical devices — for failing to file FDA-required adverse-event reports about infections — and paid an $85 million criminal penalty.
In 2025, the FDA blocked 58 Olympus device models from entering the country over quality-system violations. Tennessee patients who had a qualifying scope procedure may have claims on the same basis as patients in any other state; no specific Tennessee facility outbreak is asserted here.
Who Qualifies to File in Tennessee
You may have a qualifying Olympus scope claim if all of the following apply:
- Your procedure was performed on or after January 1, 2015, using an Olympus bronchoscope, upper-GI endoscope (including a duodenoscope, gastroscope, or enteroscope), or colonoscope;
- You were diagnosed with a confirmed infection;
- You required inpatient hospitalization for that infection;
- You received IV antibiotic treatment; and
- The infection occurred within about 30 days of the scope procedure.
Patients who were undergoing dialysis or chemotherapy, generally do not qualify. Because Tennessee’s deadline is so short, the fastest way to know whether you qualify is a free review of your records.
What to Do If You Had a Scope Procedure in Tennessee
- If you received a letter from a hospital or surgical center about a possible infection or exposure, keep it.
- Request and preserve your procedure records, including the scope model if available.
- Note the date of your procedure — it drives the one-year deadline.
- Contact Marin & Murphy for a free, confidential review before the deadline runs.
Frequently Asked Questions — Olympus Scope Lawsuit, Tennessee
How long do Tennessee patients have to file?
Tennessee has a one-year statute of limitations for personal-injury claims — the shortest of any state in this litigation. The discovery rule may affect the exact start date, but Tennessee patients should have their timing reviewed quickly, because waiting can bar a valid claim.
Was a specific Tennessee hospital named?
This litigation is based on a nationwide defect in Olympus scopes and the company’s regulatory record, not on any single facility. No specific Tennessee outbreak is asserted here. Tennessee patients who had a qualifying scope procedure and developed a confirmed infection may have a claim regardless of the facility involved.
Who qualifies to file an Olympus scope lawsuit in Tennessee?
Generally: a scope procedure on or after January 1, 2015; a confirmed infection; inpatient hospitalization; IV antibiotic treatment; and onset within about 30 days of the procedure. Patients undergoing dialysis or chemotherapy, or with a recent abdominal procedure, generally do not qualify. A free review can confirm where you stand.
Is Olympus the defendant?
The primary defendant is Olympus, the device manufacturer, based on the defective, hard-to-clean design of its scopes and inadequate cleaning instructions. Depending on the facts, the facility may also be involved.
Can I still file if my procedure was more than a year ago?
Possibly — the discovery rule can affect when Tennessee’s one-year period begins. Do not assume your claim is too late; have the specific dates reviewed before deciding.
Attorney Advertising. This page is for general informational purposes for Tennessee residents, is not legal advice, and does not create an attorney-client relationship.
Whether any individual has a claim depends on the specific facts and must be evaluated by an attorney. Prior results do not guarantee a similar outcome.
Related Olympus scope lawsuit resources
- Main Olympus scope lawsuit page
- Bruto Da Costa case summary
- Olympus adverse-event reporting record
- Olympus 2025 safety notice
- FDA enforcement against Olympus
- 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
- What the Senate report says about Hartford Hospital
- Litigation timeline and recent filings
- Olympus scope lawsuit — the full guide
Attorney Advertising. Marin & Murphy Law Firm is licensed only in Rhode Island, South Carolina, Connecticut, and Massachusetts, and is not licensed to practice law in Tennessee. This page is provided for general informational purposes only. It is not legal advice, does not create an attorney-client relationship, and does not constitute an offer to represent any Tennessee resident. Prior results do not guarantee a similar outcome.
Where we practice
Marin & Murphy Law Firm attorneys are licensed in Rhode Island, Connecticut, Massachusetts, and South Carolina. We are not licensed in Tennessee. The firm does not accept Tennessee legal matters; inquiries from Tennessee residents are referred to attorneys licensed in Tennessee. This page is attorney advertising and is provided for general information; it is not legal advice, and reading it does not create an attorney–client relationship.