Upper endoscopy (EGD) is among the most commonly performed endoscopic procedures. If you developed a serious infection after an EGD using an Olympus gastroscope, you may have legal options.
Upper endoscopy, also called esophagogastroduodenoscopy (EGD), uses a flexible gastroscope to examine the esophagus, stomach, and duodenum (first part of the small intestine). Gastroenterologists perform EGD to evaluate symptoms including heartburn, difficulty swallowing, unexplained nausea, upper abdominal pain, and upper GI bleeding.
During EGD, the physician can take biopsies, remove polyps, dilate strictures, treat bleeding lesions, and place feeding tubes. The procedure is typically performed under sedation and takes 15-30 minutes. Over 7 million upper endoscopies are performed annually in the United States.
The gastroscope used in EGD has multiple internal channels for suction, air/water delivery, and instrument passage. These channels must be thoroughly reprocessed between patients to prevent cross-contamination—a process that studies have shown is not always 100% effective.
EGD contamination and infection risks
Upper endoscopy patients are exposed to contamination risk through the gastroscope's internal channels. During the procedure, the device contacts mucosal surfaces of the esophagus, stomach, and duodenum—picking up blood, tissue, gastric fluid, and bacteria. If the next patient's scope retains any of this material, infection transmission can occur.
Studies have documented viable bacteria on reprocessed gastroscopes, including organisms associated with serious infections. The high volume of EGD procedures means that even a small contamination rate affects a large population of patients.
EGD is often performed for relatively routine indications—heartburn evaluation, screening for Barrett's esophagus, dyspepsia workup. Patients reasonably expect that these low-risk procedures will not expose them to life-threatening infections from contaminated equipment.
Injuries from EGD infections
Patients who develop infections after upper endoscopy with a contaminated gastroscope may suffer:
Esophageal and gastric infections following biopsy or therapeutic procedures
Bacteremia from organisms introduced through the contaminated gastroscope
H. pylori cross-contamination between patients
Sepsis requiring hospitalization and intensive antibiotic treatment
Perforation of the esophagus or stomach from device malfunction
Mediastinitis from esophageal perforation with contamination
Hepatitis or other pathogen transmission in cases of severe reprocessing failure
Legal theories in EGD infection cases
EGD infection lawsuits against Olympus pursue product liability claims including defective design (internal channels that resist adequate cleaning), failure to warn (insufficient guidance about contamination risks for routine upper GI procedures), and negligent post-market surveillance (inadequate response to reports of gastroscope-related infections).
The routine nature of EGD and the reasonable patient expectation of safety strengthen these claims. Courts recognize that patients undergoing standard diagnostic procedures should not face preventable infection risks from contaminated medical devices.
Evidence for EGD infection claims
EGD procedure report identifying the Olympus gastroscope model
Post-procedure cultures documenting the infecting organism
Hospitalization records for treatment of the post-EGD infection
Records of any pre-procedure health status to establish baseline
Follow-up gastroenterology records documenting ongoing care
Primary sources
When researching infection risk, reprocessing, or regulatory history, verify facts using official agency materials. Summaries on this site are for education and intake screening, not medical or legal advice.
Reprocessing reusable medical devices — U.S. Food and Drug Administration. FDA hub for flexible endoscope reprocessing requirements, labeling, and safety communications.
For overlapping questions about screening, timelines, and how Top Tier Legal connects inquiries with counsel, see the Olympus endoscope lawsuit FAQ on the main practice page rather than duplicating those answers on every procedure page.
If your situation involves an Olympus endoscope upper endoscopy (egd) procedure and a qualifying injury, start your free, confidential case review below.
Top Tier Legal, LLC is not a law firm and does not provide legal advice. Submitting information does not create an attorney-client relationship. If you qualify, we may connect you with an independent law firm.
