A federal wrongful death lawsuit against Olympus is moving forward in Washington state, highlighting concerns that reusable medical scopes may transmit life-threatening infections even when hospitals follow the manufacturer's cleaning instructions.
The case involves Mark Bruto Da Costa, who allegedly contracted a drug-resistant bacterial infection after undergoing an endoscopic procedure in June 2023.
His widow, Michelle Bruto Da Costa, filed suit against Olympus and several of its subsidiaries, alleging that the company's duodenoscope was defectively designed and allowed infectious material to remain trapped inside the device.
Late last month, U.S. District Judge Robert S. Lasnik issued an amended scheduling order requiring both sides to submit a joint status report and discovery plan by November 19, 2026. The order also asks the parties to address potential settlement discussions and estimate when the case could be ready for trial.
The lawsuit is one of several cases challenging the safety of reusable Olympus medical scopes.
Fatal Infection Allegedly Followed ERCP Procedure
According to the lawsuit, Bruto Da Costa underwent an endoscopic retrograde cholangiopancreatography (ERCP) procedure in June 2023.
ERCP allows doctors to diagnose and treat problems involving the bile ducts and pancreas. The procedure uses a specialized flexible endoscope called a duodenoscope, which is passed through the mouth and digestive tract.
The lawsuit alleges that an Olympus TJF-Q190V duodenoscope used during the procedure transmitted vancomycin-resistant Enterococcus (VRE), a type of bacteria that can cause infections and is resistant to the antibiotic vancomycin.
Bruto Da Costa reportedly developed septic shock and organ failure before dying later that month.
His widow claims that the infection originated from contamination inside the reusable medical device.
Central to the lawsuit is the allegation that the scope's design made it difficult or impossible to reliably remove all infectious material, even when hospital personnel followed the manufacturer's cleaning and disinfection instructions.
Why Reusable Duodenoscopes Can Be Difficult to Clean
Duodenoscopes contain cameras, flexible tubing, narrow channels and specialized mechanisms that help physicians perform procedures inside the digestive system.
These intricate components can also make cleaning and disinfecting the devices particularly challenging.
Unlike single-use medical instruments, reusable duodenoscopes must undergo a multistep cleaning and high-level disinfection process between patients, known as reprocessing.
The concern is that bacteria or other biological material may remain hidden in small crevices or difficult-to-reach areas.
This isn't a new issue.
The U.S. Food and Drug Administration has investigated infections associated with contaminated duodenoscopes for more than a decade.
The agency previously found that some infections occurred even when healthcare providers followed manufacturers' recommended cleaning and disinfection procedures.
Those findings prompted federal regulators to recommend transitioning away from older duodenoscopes with fixed endcaps toward newer models incorporating disposable components or fully disposable designs.
The FDA has reported improvements in contamination rates with newer designs, although it continues to emphasize proper reprocessing and infection prevention.
Court Orders Both Sides to Outline Next Steps
Judge Lasnik ordered both sides to submit a joint status report by November 19, outlining the disputed issues, plans for exchanging evidence and the possibility of settlement discussions.
The court also set a January 4, 2027, deadline for initial disclosures and indicated that the case should generally be ready for trial within a year.
No trial date has been set, and the court has not determined whether an Olympus scope caused Bruto Da Costa's fatal infection.
Other Olympus Lawsuits Raise Similar Concerns
The Washington lawsuit is part of a broader pattern of product liability claims involving reusable Olympus scopes.
In another case filed in 2026, a Kentucky man alleges that his wife developed a serious bacterial infection following an ERCP procedure involving an Olympus duodenoscope.
His lawsuit claims the infection progressed to septic shock and multiple organ failure, requiring repeated surgeries before her death in November 2025.
A separate Illinois lawsuit alleges that a woman developed a recurring Clostridioides difficile (C. diff) infection after undergoing a colonoscopy involving an Olympus colonoscope.
Although the medical procedures and bacterial infections differ, the lawsuits share a central allegation that design features of reusable scopes may allow contamination to persist despite cleaning and disinfection.
These are individual lawsuits, not a consolidated federal multidistrict litigation.
What the Case Means for Patient Safety
The Washington lawsuit highlights an important distinction between an infection caused by improper hospital cleaning and one allegedly caused by a medical device that cannot be reliably disinfected.
That distinction may help determine whether responsibility lies with a healthcare provider, a manufacturer or another party.
For patients, the broader issue is whether medical device design adequately protects against the transmission of dangerous pathogens.
ERCP and other endoscopic procedures remain important diagnostic and therapeutic tools. The existence of infection-related lawsuits does not mean patients should avoid medically necessary procedures.
However, the litigation underscores why regulators, hospitals and device manufacturers continue to scrutinize reusable endoscope designs and reprocessing methods.
As the Bruto Da Costa case advances, the key legal question will be whether evidence supports the allegation that the Olympus device's design contributed to a fatal infection.
References:
U.S. District Court for the Western District of Washington. Bruto Da Costa v. Olympus America Inc. et al. Case No. 2:26-cv-01977-RSL. Amended Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement. October 29, 2026.
U.S. Food and Drug Administration. Infections Associated with Reprocessed Duodenoscopes. Medical Device Safety Communications and Updates.
U.S. District Court for the Western District of Washington. Bruto Da Costa v. Olympus America Inc. et al. Civil Complaint. June 5, 2026.