The Alvarez Law Firm
(305) 444-7675 Free Case Review
Olympus Endoscope Lawsuit Attorneys — Nationwide

Contaminated Scopes.
Deadly Infections.
We Hold Olympus Accountable.

Olympus endoscopes have design defects that make them impossible to properly clean between patients — spreading superbugs, HIV, tuberculosis, sepsis, and other deadly infections to millions of unsuspecting patients.

The FDA blocked 58 Olympus endoscope models due to known contamination risks. Board Certified trial lawyers and a medical-legal expert with an M.D. & J.D. are ready to fight for you. No fee unless we win.

Free Endoscope Case Review (305) 444-7675
M.D. + J.D.
Medical-Legal Expert on Team
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FDA Import Alert
50 States
Nationwide Cases
Alex Alvarez, Board Certified Trial Lawyer, and Herb Borroto, M.D., J.D. — Olympus endoscope lawsuit team at The Alvarez Law Firm
Alex Alvarez
Board Certified Civil Trial Lawyer
Herb Borroto
M.D. & J.D. — Medical-Legal Expert
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No Fee Unless We Win Nationwide Representation M.D. & J.D. on Staff Free Confidential Case Review
Understanding the Danger

What Are Contaminated Olympus Endoscopes?

Olympus manufactures reusable endoscopes used in millions of medical procedures each year. Design defects in these devices make them impossible to fully disinfect between patients — spreading dangerous, often deadly infections from one patient to the next.

How Olympus Scopes Spread Deadly Infections

Olympus endoscopes — including duodenoscopes, colonoscopes, bronchoscopes, gastroscopes, and enteroscopes — are reusable medical devices inserted into patients' bodies during diagnostic and therapeutic procedures. After each use, these scopes must be thoroughly cleaned and disinfected before being used on the next patient. But Olympus's design makes that impossible:

  • Design defects trap biological material — the internal channels and elevator mechanisms of Olympus scopes have crevices where blood, tissue, and bacteria become trapped and cannot be reached by standard cleaning procedures

  • Inadequate cleaning instructions — even when hospitals follow Olympus's own manufacturer-recommended cleaning protocols to the letter, studies have found substantial biological material remaining on the scopes

  • Superbug and pathogen transmission — contaminated scopes have transmitted antibiotic-resistant superbugs, HIV, tuberculosis, E. coli, Klebsiella, Pseudomonas, Staphylococcus aureus, and other life-threatening pathogens

  • Sepsis, organ failure, and death — patients who contract infections from contaminated scopes face hospitalization, IV antibiotics, sepsis, organ failure, and in many cases, death

Millions of Patients at Risk:

Up to 20 million colonoscopies, 12 million gastroscopies, and 700,000 ERCP procedures are performed annually in the United States alone. A 2022 study detected bacteria in reprocessed Olympus scopes, confirming that even scopes cleaned according to protocol remain contaminated. On June 24, 2025, the FDA issued an import alert covering 58 Olympus endoscope models, effectively blocking these dangerous devices from entering the country.

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Colonoscopies Per Year in the U.S.

Up to 20 million colonoscopies are performed annually using reusable endoscopes like those manufactured by Olympus

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Blocked by FDA Import Alert

The FDA issued an import alert on June 24, 2025, covering 58 Olympus endoscope models due to contamination risks

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Blocked by FDA Action

FDA import alert bars 58 Olympus endoscope models from entering the United States due to contamination risks

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ERCP Procedures Per Year

Approximately 700,000 ERCP procedures are performed annually in the U.S. using the most contamination-prone scopes

Who Is Responsible

Who Is Responsible for Your Infection?

Contaminated endoscope infections typically involve multiple responsible parties. We investigate every angle to identify all defendants and maximize your recovery.

Olympus Corporation

Design Defects & Failure to Warn

Olympus designed and manufactured endoscopes with internal channels and mechanisms that are impossible to properly clean and disinfect. The company knew about the contamination risks but failed to warn hospitals and patients and provided inadequate cleaning instructions. The FDA has since blocked 58 Olympus scope models from import.

Design Defect Failure to Warn Product Liability

Hospitals & Medical Facilities

Failure to Follow Protocols & Continued Use Despite Warnings

Hospitals and endoscopy centers may also bear responsibility when they failed to follow proper scope reprocessing protocols, continued using Olympus scopes despite FDA warnings and safety alerts, failed to conduct adequate surveillance for post-procedure infections, or neglected to notify patients about potential pathogen exposure after learning of contamination risks.

Medical Negligence Reprocessing Failures Failure to Warn Patients

We Investigate Every Potential Cause

Defective Device

Was your procedure performed with an Olympus endoscope that could not be properly disinfected due to design defects?

Hospital Negligence

Did the facility fail to follow proper reprocessing protocols or continue using scopes despite known safety risks?

Both — Maximum Recovery

When both the manufacturer and the hospital share blame, we pursue product liability and negligence claims simultaneously

Lawsuit Eligibility

Do I Qualify for an Olympus Endoscope Lawsuit?

You may have a claim if you developed a serious infection after an endoscopic procedure since 2015. Here are the key factors we evaluate.

Endoscopic Procedure Since 2015

You had a colonoscopy, ERCP, bronchoscopy, gastroscopy, enteroscopy, or other endoscopic procedure performed since 2015

Hospitalization with Infection

You were hospitalized with an infection requiring IV antibiotics within 30 days of your endoscopic procedure

Sepsis, HIV, TB, or Organ Failure

You developed sepsis, HIV, tuberculosis, or organ failure within 30 days of your endoscopic procedure

Superbug / Antibiotic-Resistant Infection

You were diagnosed with a superbug or antibiotic-resistant infection within 30 days of an endoscopic procedure

Exposure Notification

You received a notice from your hospital or healthcare provider warning of potential exposure to dangerous pathogens from a contaminated endoscope

Wrongful Death

A family member passed away from an infection, sepsis, or organ failure following an endoscopic procedure

Not Sure If You Qualify?

Every case is different. If you developed a serious infection after an endoscopic procedure, we want to hear your story. Herb Borroto, who holds both a medical degree and a law degree, personally reviews medical records to determine whether a contaminated scope caused your infection and who bears responsibility.

Get Your Free Case Review
Your Legal Team

A Trial Lawyer and an M.D./J.D.
That's the Alvarez Advantage.

Contaminated endoscope cases demand two kinds of expertise: the legal skill to take on a global corporation like Olympus, and the medical knowledge to prove exactly how a defective scope caused your infection. We have both.

Alex Alvarez — Board Certified Trial Lawyer and Managing Partner at The Alvarez Law Firm

30+

Years Fighting
for Justice

Managing Partner

Alex Alvarez
Board Certified Civil Trial Lawyer (NBTA)

Before becoming one of Florida's most respected trial lawyers, Alex Alvarez served as a Miami-Dade detective who led the historic "Miami River Cops" investigation — resulting in the conviction of 18 corrupt officers. That same relentless investigative instinct drives every contaminated endoscope case he takes on against Olympus.

Alex traces the entire chain of liability — from Olympus's design defects and deliberate concealment to the hospital's reprocessing failures and continued use of dangerous scopes. As a Board Certified Civil Trial Lawyer — a distinction held by less than 1% of Florida attorneys — Alex is prepared to take your case all the way to a jury.

Board Certified (NBTA)
Former Detective
30+ Years Experience
Nationwide Practice
M.D. & J.D.

Herb Borroto, M.D., J.D.
Dual Medical & Legal Training Dedicated to Analyzing Your Infection

Most endoscope infection lawyers hire outside medical experts to review your case. At The Alvarez Law Firm, that medical expertise is on your legal team. Herb Borroto earned his medical degree (M.D.) before attending law school — giving him the unique ability to analyze procedure records, infection pathology, and scope reprocessing logs with the understanding of someone trained in medicine.

In contaminated endoscope cases, the medical records tell the story. Herb Borroto identifies exactly what happened — what procedure was performed, what scope was used, whether the facility followed proper reprocessing protocols, and how the infection developed. This dual medical and legal training is an advantage that most law firms simply cannot offer.

"When I review a patient's records after an endoscope infection, I bring the lens of my medical training — I can see the clinical timeline in a way that changes everything about the case."

— Herb Borroto, M.D., J.D.
Medical Degree (M.D.)
Juris Doctor (J.D.)
Infection Pathology Analysis
Florida Bar Member
Herb Borroto, M.D., J.D. — reviewing medical records for contaminated endoscope cases at The Alvarez Law Firm
M.D. & J.D.
Medical-Legal Expert
Our Proven Process

How We Build Your Endoscope Infection Case

1

Free Case Review & Medical Record Request

Call us or submit our form. We'll gather your procedure records, infection diagnoses, hospital reprocessing logs, and any exposure notifications you received. Herb Borroto personally reviews the medical records to identify the clinical timeline and establish causation.

2

Medical & Product Investigation

Herb Borroto analyzes the infection pathology and procedure records with his medical training while Alex investigates all potential defendants. We identify the specific scope model used, determine whether it falls under the FDA import alert, and evaluate both Olympus's liability and the hospital's compliance with reprocessing protocols.

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Expert Testimony & Case Construction

We assemble a team of infectious disease specialists, medical device engineers, epidemiologists, and life care planners to prove causation and calculate the full scope of your damages — including medical costs, lost wages, pain and suffering, and long-term health consequences.

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Aggressive Pursuit of Maximum Compensation

We fight for every dollar you deserve. Whether through settlement negotiations or trial, our Board Certified trial lawyer is prepared to take on Olympus, hospitals, or anyone responsible for your infection. You pay nothing unless we win.

Frequently Asked Questions

Olympus Endoscope Lawsuit Questions & Answers

We understand you have questions. Here are answers to the most common questions about contaminated Olympus endoscope lawsuits.

Olympus manufactures reusable endoscopes — including duodenoscopes, colonoscopes, bronchoscopes, gastroscopes, and enteroscopes — used in millions of medical procedures each year. These devices have design defects that make them impossible to properly clean and disinfect between patients, even when hospitals follow Olympus's own cleaning instructions. Studies have found substantial biological material remaining on the scopes after reprocessing, leading to the transmission of dangerous infections including antibiotic-resistant superbugs, HIV, tuberculosis, sepsis, and other life-threatening conditions.

You may qualify if you had an endoscopic procedure — such as a colonoscopy, ERCP, bronchoscopy, gastroscopy, or enteroscopy — since 2015 and subsequently developed a serious infection. Qualifying injuries include hospitalization with an infection requiring IV antibiotics within 30 days, sepsis, HIV, tuberculosis, organ failure, a superbug or antibiotic-resistant infection diagnosis within 30 days, or receiving an exposure notice to dangerous pathogens from your healthcare provider. The Alvarez Law Firm evaluates every case individually and handles claims from all 50 states.

Contaminated Olympus endoscopes have been linked to transmission of antibiotic-resistant superbugs, HIV, tuberculosis, Staphylococcus aureus, E. coli (Escherichia spp), Enterococcus, Klebsiella, Pseudomonas, sexually transmitted infections, and other dangerous pathogens. These infections can lead to sepsis, organ failure, prolonged hospitalization, and death. According to NIH research, contaminated medical devices affect millions of patients and contribute to tens of thousands of deaths annually in the United States.

On June 24, 2025, the FDA issued an import alert covering 58 Olympus endoscope models, effectively blocking these devices from entering the United States due to contamination risks. This followed years of safety concerns about the inability to properly disinfect Olympus scopes. The FDA action represents one of the most significant regulatory actions ever taken against a medical device manufacturer and underscores the severity of the contamination problem.

The statute of limitations for contaminated endoscope lawsuits varies by state, typically ranging from 2 to 6 years. In many jurisdictions, the clock starts when you discovered or should have discovered that your infection was caused by a contaminated scope — not necessarily the date of the procedure itself. This "discovery rule" is particularly important in endoscope cases because many patients did not learn about the contamination risk until years after their procedure. Contact us for a free review — we can evaluate the specific deadlines that apply to your situation.

There is absolutely no upfront cost. The Alvarez Law Firm handles all contaminated endoscope cases on a contingency fee basis, meaning we only get paid if we win your case. You will never receive a bill from us. Our free case review is completely confidential and comes with zero obligation. We advance all costs of litigation, including medical record retrieval, expert witnesses, and court fees.

Yes, and this is one of The Alvarez Law Firm's greatest strengths. Herb Borroto, who holds both a medical degree and a law degree, can evaluate whether the hospital failed to follow proper scope reprocessing protocols, continued using Olympus scopes despite FDA warnings, failed to conduct infection surveillance, or neglected to notify patients of potential exposure. When hospital negligence contributed to your infection, we pursue negligence claims alongside product liability claims against Olympus — maximizing your total recovery by holding all responsible parties accountable.

Contaminated endoscope lawsuits can seek compensation for past and future medical expenses (including hospitalization, IV antibiotics, surgeries, and ongoing treatment), lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of quality of life, and in wrongful death cases, funeral expenses and loss of companionship. Cases involving superbugs, HIV transmission, organ failure, or death typically involve the most significant damages. The specific amount depends on the severity of injury, duration of treatment, long-term health consequences, and other factors unique to each case.

The Alvarez Law Firm is uniquely positioned for contaminated endoscope cases because our team includes both a Board Certified Civil Trial Lawyer (Alex Alvarez, certified by the National Board of Trial Advocacy) and Herb Borroto, who holds both a medical degree (M.D.) and a law degree (J.D.), and reviews procedure records and infection pathology with unique dual expertise. This means we can independently analyze scope reprocessing protocols, identify clinical deviations, and build both product liability and hospital negligence claims simultaneously. Most law firms send your case to a "settlement mill" — we prepare every case as if it's going to trial.

Time-sensitive. Medical records degrade and statutes of limitations apply. Get your free case review now →

Start Your Endoscope Infection Case Today

You Trusted a Medical Procedure.
We'll Fight for Justice.

No patient expects to contract a life-threatening infection from a routine endoscopic procedure. If you developed a serious infection after a colonoscopy, ERCP, bronchoscopy, gastroscopy, or enteroscopy, you have the right to hold Olympus and any negligent hospital accountable.

Your consultation is free, completely confidential, and comes with zero obligation. Herb Borroto, M.D., J.D., will review your medical records with both medical and legal expertise, and give you an honest assessment of your claim.

100% Free Consultation No Fee Unless We Win Nationwide Representation

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Understanding Endoscope Infection Lawsuits

What is the Olympus endoscope lawsuit about?

The Olympus endoscope lawsuit involves claims against Olympus Corporation of the Americas for designing and selling reusable endoscopes with critical defects that make them virtually impossible to fully sterilize between patients. These contaminated scopes have transmitted dangerous drug-resistant infections including CRE (carbapenem-resistant Enterobacteriaceae), E. coli, Pseudomonas, and Klebsiella to thousands of patients during routine endoscopic procedures. The FDA has issued multiple Class I recalls — the most serious classification — and in 2025 issued an unprecedented import alert covering 58 Olympus endoscope models. Despite knowing about the contamination risks since at least 2012, Olympus continued selling these devices without adequate warnings to hospitals or patients. The Alvarez Law Firm, led by Board Certified Civil Trial Lawyer Alex Alvarez and medical-legal expert Herb Borroto, M.D., J.D., represents patients who developed infections after endoscopic procedures performed with contaminated Olympus scopes.

Which endoscopic procedures are linked to scope infections?

Multiple endoscopic procedures have been linked to contaminated scope infections, with the highest risk associated with ERCP (endoscopic retrograde cholangiopancreatography) procedures using duodenoscopes. The FDA identified duodenoscopes as having the most serious contamination problems because their complex elevator mechanism is extremely difficult to clean. However, infections have also been documented following colonoscopies, upper endoscopies (EGD), bronchoscopies, cystoscopies, and other procedures involving reusable endoscopes. According to FDA reports, contamination rates for properly reprocessed duodenoscopes still range from 3% to 35%, meaning even hospitals following manufacturer cleaning instructions cannot eliminate the infection risk. Symptoms of a scope-transmitted infection typically appear within days to weeks after the procedure and include fever, chills, abdominal pain, jaundice, and in severe cases, sepsis. The Alvarez Law Firm investigates each case to determine whether the infection resulted from a defective scope design, improper reprocessing, or both.

What has the FDA done about contaminated endoscopes?

The U.S. Food and Drug Administration has taken escalating enforcement actions against Olympus Corporation over contaminated endoscopes. The FDA issued multiple Class I recalls — its most serious recall classification, reserved for situations where there is a reasonable probability that use of the product will cause serious adverse health consequences or death. In 2025, the FDA issued an unprecedented import alert covering 58 Olympus endoscope models, effectively blocking these devices from entering the United States. FDA safety communications dating back to 2015 warned healthcare facilities about the infection risks associated with reusable duodenoscopes, and subsequent investigations revealed that Olympus had received hundreds of adverse event reports linking its scopes to patient infections. These regulatory actions significantly strengthen legal claims against Olympus by establishing that federal authorities recognized the devices as dangerous. Herb Borroto, M.D., J.D., at The Alvarez Law Firm uses this regulatory history to build compelling cases for patients harmed by contaminated scopes.

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