Endoscope Infection Lawsuit Overview
The endoscope is a remarkable medical device that has been in existence for over thirty years. The reusable device consists of a camera and light that allows the doctor to see inside a patient’s organs and body without the need for an invasive surgery. Not only are endoscopes cheaper and less invasive than surgeries, they can also be cost-effective for hospitals and health insurance carriers as they can be reused multiple times.
Endoscopes are typically used to:
- Discover and treat gallstones;
- Uncover cirrhosis in the liver or other organs;
- Find ulcers and observe damage to the esophagus resulting from acid reflux disease;
- Diagnose of liver cancer, throat cancer, and stomach cancer.
Beginning in 2009, the Food and Drug Administration (FDA) became aware that improperly-sanitized endoscopes may be spreading harmful and drug-resistant bacteria between patients. This was conclusively established by the Centers for Disease Control and Prevention (CDC) in 2013.
Bacteria was thought to be spread because:
- The endoscope device has small areas that are difficult to clean; these areas can facilitate the growth and spread of dangerous bacteria; and/or
- Sterilization procedures currently in use may not be sufficient to kill drug-resistant bacteria.
As a result of these developments, lawsuits are being filed against endoscope manufacturers for manufacturing a device that can easily facilitate the spread of deadly infections without warning patients of this fact.
Endoscope Infection Lawsuits and the Harm from Superbugs
Drug-resistant bacteria (sometimes called “superbugs”) are dangerous strains of bacteria that can cause death because few, if any, current antibiotics are capable of fighting the infection. It is estimated that one-half of all patients who are infected with a superbug die from that infection.
Signs of a superbug infection include:
- A high fever that does not break. A fever is usually the first sign of any infection, and so patients who recently underwent an endoscopic procedure (or any other procedure) should talk with their doctor right away;
- Urinary tract infections;
- Sepsis, a condition in which the patient’s blood becomes infected and the blood thereafter carries the infection to all other parts of the body.
Many of the endoscope infection lawsuits that are being filed against endoscope manufacturers allege that the devices are defective and dangerous. These suits claim that the manufacturers of these devices created them in such a way that they would be “breeding grounds” for bacteria and that the manufacturers failed to adequately warn patients of these risks.
Endoscope Manufacturers’ Liability in Endoscope Infection Lawsuits
The creator of any product (like a medical device) owes a duty to potential consumers to construct a device or product that is free from defects. Design defects exist when the product is designed in such a way that it is dangerous or harmful to an average consumer. A manufacturing defect is one in which a product is dangerous because it is not manufactured according to its design or blueprint. A warning defect exists when the manufacturer fails to post warnings or communicate warnings about the product’s dangers to consumers so that they might protect themselves. Whenever a defect exists and it is shown that the manufacturer of the product could have created a safer or defect-free product using reasonable and affordable methods, the manufacturer may be held responsible for the injuries the defective product causes.
You Need an Endoscope Infection Lawsuit Attorney to Assist You
Compensation is not available simply because you had a procedure in which the doctor used an endoscope, even if the particular endoscope used has been connected with infection in other patients. Even developing an infection after your endoscopic procedure does not guarantee legal recovery. There must be a connection between the use of an endoscope to complete a procedure on you and as a result you developed an infection. In other words, your ability to recover compensation depends on your ability to present evidence showing that your infection was the result of bacteria that remained on the endoscope after its prior use and/or after being improperly sanitized. Making this connection is not something that can be done with your testimony alone: absent an admission of liability by the endoscope manufacturer, medical experts and others will need to evaluate your case and the relevant facts in order to determine if you are entitled to compensation.
Stern Law, PLLC is accepting medical malpractice cases from clients who developed “superbug” infections or other bacterial infections after undergoing an endoscopic procedure. We have the resources to help determine the cause of your infection and, if your infection originated from an improperly-sterilized endoscope or an endoscope that could not be thoroughly sanitized because of its design, we will assist you in filing and presenting your claim. You may be able to obtain financial compensation for your medical bills, pain and suffering, time missed from work, and other losses. Call Stern Law, PLLC today at (844) 808-7529 for help.
