Parker Waichman LLP

Olympus Receives FDA Warning Letter for Failing to Notify Agency about Superbug Infections in Required Time

Gastrointestinal scope maker Olympus Corp. waited three years to alert federal regulators about 16 patient superbug infections the company learned about in 2012. The Food and Drug Administration (FDA) cited that lapse in reporting and other safety-related violations in warning letters to Olympus and two other scope manufacturers. The letters were posted online Monday, the […]

Olympus Receives FDA Warning to Notify about Superbug

Olympus Receives FDA Warning to Notify about Superbug

Gastrointestinal scope maker Olympus Corp. waited three years to alert federal regulators about 16 patient superbug infections the company learned about in 2012.

The Food and Drug Administration (FDA) cited that lapse in reporting and other safety-related violations in warning letters to Olympus and two other scope manufacturers. The letters were posted online Monday, the Los Angeles Times reports.

These findings offer further evidence that manufacturers knew about problems with the gastrointestinal scopes well before deadly infections became a major issue this year. Under federal rules, manufacturers are supposed to report potential injuries and deaths related to their devices to the FDA within 30 days. Medical experts and federal lawmakers welcomed the agency’s action, but continue to question why regulators have taken so long to act despite earlier warnings about the risk, according to the Times. Rep. Ted Lieu called the revelations “disturbing” and a reason to hold congressional hearings right away. The reporting delay is “flat out unacceptable,” Lieu said, and lives might have been saved if manufacturers had reported the infections in a timely manner.

Duodenoscopes are used in a procedure known as ERCP—endoscopic retrograde cholangiopancreatography. A flexible scope is put down a patient’s throat to diagnose and treat problems in the digestive tract such as cancers and blockages in the bile duct. Nearly 700,000 such procedures are performed annually in the U.S. The problem is that the tip of the instrument is difficult to clean and dangerous bacteria can remain trapped in a channel that holds guide wires and catheters even when the manufacturer’s cleaning instructions are carefully followed, the Times explains.

The FDA warning letters cited a range of violations found in inspections of Olympus, Pentax Medical and Fujifilm facilities in March and April. The companies have 15 business days from receipt of the August 12 letters to respond to the violations. Olympus, which controls 85 percent of the specialty endoscope market in the U.S., has been linked to six of nine recent superbug outbreaks, including at UCLA where three patients died, the Times reports.

The FDA said Olympus became aware of one incident in November 2013 and another in June 2014 and the company submitted data on both events to the FDA in March — a month after the Times reported the UCLA outbreak. The 2012 incident appears to be an outbreak that occurred at a Netherlands hospital. As a result of the Dutch outbreak, Olympus sent an urgent warning to European hospitals in January 2013, telling them to use a special brush in cleaning the duodenoscopes. But Olympus did not notify U.S. hospitals or the FDA. The FDA says it did not learn of the European alert until last year. In addition to the ongoing FDA investigation, the Justice Department has sent subpoenas to the three scope makers in connection with the recent outbreaks.

Despite the risks, the FDA said on Monday that the scopes should remain on the market because there is no better alternative for patients who can benefit from their use.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
My sister was exposed to 9/11 toxins and developed several types of cancer. She chose Parker Waichman to engage the September 11th Victim Compensation Fund and was assigned Tina Morace as her paralegal. Tina was helpful, professional and compassionate in helping us gather medical records and other important information required for the case. Tina was clear and concise in followup queries from the Fund and was quick to respond to our questions. When my sister's condition deteriorated and she passed, Tina was so thoughtful, patient and helpful when I had to address continued Fund followup questions. I will always be thankful for having Tina in our lives. She helped make my sister's last years easier in this aspect. And she was a knowledgeable friend to me, assisting in information gathering and consoling me in my loss. Thank you Parker Waichman. Thank you Tina Morace. Thank you Tina Morace.
Karen Carr
a year ago
5 Star Reviews 150
I have had such charming experiences when calling. Both Catherine Nunez and Jillian have been such great helps, they answer every question I may have and are always willing to help. This is my first time dealing with a law firm so was scared at first but they have both made this process so easy thus far. Great in every aspect. Also, the nurse consultant Joanne Stevens has been on top of my medical injuries & treatment making sure all that needs to get done is. They’ve all been making this process as smooth as they can for me.
Carmen Rodriguez
5 years ago
5 Star Reviews 150
Thank you for reaching out to the public through your tv ad! Your staff was always available and very helpful during the entire process of being eligible for the 9/11 compensation fund. The fund continues to assist us with my husbands illness. Without you, our eyes would have never been open to his eligibility. We can never thank you enough! Martha-jean Rosiello xox
martha-jean rosiello
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038