Can Reusable Duodenoscopes Still Transmit Infections? New Olympus Lawsuit Alleges Fatal VRE Case

A wrongful death lawsuit filed in the US District Court for the Western District of Washington alleges that a contaminated reusable Olympus duodenoscope transmitted a vancomycin-resistant Enterococcus (VRE) infection to a patient following an endoscopic retrograde cholangiopancreatography (ERCP), ultimately leading to septic shock, organ failure, and death.

The complaint, filed June 5, 2026, by Michelle Bruto Da Costa, alleges that her husband, Mark Bruto Da Costa, developed a VRE bloodstream infection after undergoing an ERCP on June 12, 2023, at the University of Washington Medical Center in Seattle. According to the lawsuit, the procedure was performed using an Olympus TJF-Q190V duodenoscope.

The lawsuit states that 4 days after the procedure, Bruto Da Costa underwent paracentesis, during which blood cultures identified gram-positive cocci. By June 18, an infectious disease specialist documented a significant clinical decline, including persistent leukocytosis, worsening hyperbilirubinemia, and substantial weight loss. The complaint alleges that VRE had not been detected in any blood cultures obtained before the ERCP and contends that the infection was introduced during the endoscopic procedure.

Despite treatment efforts, the infection reportedly could not be eradicated. Bruto Da Costa died on June 28, 2023. The lawsuit alleges that VRE acquired from the contaminated duodenoscope caused septic shock, organ failure, and his death.

Longstanding Concerns About Reusable Endoscopes

The lawsuit revisits longstanding concerns surrounding reusable duodenoscopes and other flexible endoscopes used during gastrointestinal procedures.

More than 22 million gastrointestinal endoscopic procedures are performed annually in the US, including approximately 650,000 ERCP procedures. Because these devices are reused between patients, they require meticulous cleaning, high-level disinfection, and reprocessing after every procedure.

For more than a decade, investigators, regulators, and health care facilities have raised concerns that the intricate design of some reusable endoscopes may make complete cleaning difficult. Narrow internal channels, forceps elevators, and other complex components may harbor residual organic material, biofilm, or microorganisms even after manufacturers' recommended reprocessing procedures have been followed.

The lawsuit alleges that Olympus knew its reusable scopes could remain contaminated despite adherence to cleaning instructions and that the company failed to adequately redesign the device or provide sufficient warnings to clinicians and patients.

FDA Surveillance Findings Cited

The complaint references a 2022 FDA-ordered postmarket surveillance study, alleging that only 34.8% of sampled endoscopes showed no detectable contamination.

According to the lawsuit, research using borescopes and magnification has demonstrated that reusable endoscopes with narrow channels frequently develop internal damage, scratches, residue, and debris after relatively few uses. The complaint alleges that these defects can promote biofilm formation and bacterial persistence, potentially increasing the risk of patient-to-patient transmission if contamination is not detected.

The lawsuit also alleges that Olympus did not recommend additional surveillance measures that some facilities have adopted to assess reusable endoscopes, including borescope inspections, moisture testing, adenosine triphosphate (ATP) testing, microbial culturing, and other methods designed to identify damage or residual contamination.

Claims Against Olympus

Michelle Bruto Da Costa alleges that Olympus failed to adequately warn physicians, hospitals, and patients that reusable duodenoscopes could retain microorganisms, including multidrug-resistant organisms, despite proper reprocessing.

The complaint includes claims of defective design, manufacturing defect, failure to warn, negligence, gross negligence, breach of warranty, negligent misrepresentation, fraud, fraudulent concealment, wrongful death, and loss of consortium. The plaintiff seeks compensatory and punitive damages, as well as damages related to medical expenses, funeral costs, emotional distress, and other losses.

The allegations remain unproven, and the lawsuit represents the plaintiff's claims. Olympus has not been found liable in connection with the allegations described in the complaint.

Ongoing Infection Prevention Considerations

Concerns regarding endoscope-associated infections have prompted significant changes in recent years, including updated reprocessing recommendations, increased surveillance, enhanced inspection practices, and the development of duodenoscopes with disposable or partially disposable components designed to reduce infection risk.

For infection prevention and sterile processing professionals, the case underscores the continuing importance of meticulous endoscope reprocessing, routine inspection for device damage, adherence to manufacturers' instructions for use, and ongoing evaluation of technologies and quality assurance practices intended to minimize the risk of patient-to-patient transmission of infectious organisms.