Mass Tort

Contaminated Endoscopes

University of Colorado Hostpital: Deadly E. Coli Outbreak Linked to Contaminated Endoscopes

In early 2016, patients at the University of Colorado Hospital developed infections with E.Coli bacteria following endoscopy procedures.

The Denver Post reported that, of the 19 patients who underwent procedures with the same duodenoscope at CU over a six-week period, nine developed antibiotic-resistant E.coli infections. Three of those patients later died.

The infected patients had all undergone surgical procedures called endoscopic retrograde cholangiopancreatography (ERCP). In an ERCP, an endoscope is guided down the patient’s throat and used to examine the digestive system.

The contaminated endoscope used at CU was manufactured by Olympus Medical Systems. Olympus’ scope is “reprocessed” or cleaned after surgery so that it can be re-used. Because of its design, the scope cannot be properly sterilized to eliminate all bacteria, which results in the bacteria spreading from patient to patient.

Lawsuits Against Manufacturer Olympus

If you or a loved one was affected by this outbreak, you may have a legal claim. Burg Simpson is investigating claims against Olympus and other manufacturers of contaminated endoscopes. Contact us by filling out the Free Case Evaluation or calling 303-792-5595 for more information.

Additional Information

The FDA is investigating whether Olympus took proper action to report and correct this problem.
The FDA sent Olympus a Warning Letter on August 12, 2015 stating that the company had failed to properly inform the FDA that patients contracted infections after undergoing endoscopic procedures with the Olympus device. The FDA’s letter states that Olympus knew about the risk of serious infections as early as May 16, 2012. Despite this knowledge, Olympus failed to take steps to warn its U.S. customers of this risk until early 2015.

Read more about the FDA’s ongoing investigation of infections associated

When Olympus learned of outbreaks of infections in Europe, the company alerted European hospitals that its scope may be contaminated. However, although employees of Olympus in the United States asked whether they should notify their U.S. customers, company executives said “No.” As a result, many hundreds of U.S. patients have been exposed to this avoidable risk, including many who were infected and some who died.

Read more about Olympus’ decision to put profits over patient safety.

In addition to the University of Colorado outbreak, hospitals around the country have reported infections linked to contaminated endoscopes.

  • Two patients died and six more were infected by an outbreak at UCLA’s Centers for Disease Control and Prevention, spread of antibiotic-resistant strains of bacteria is also a serious threat to public health.

Patients who developed bacterial infections following ERCP procedures with an infected endoscope may have a compensable claim.
Specific bacteria strains can include:

  • E-coli (Escherichia coli)
  • Klebsiella pneumoniae
  • CRE (Carbapenem-resistant enterobacteria)
  • Pseudomonas aeruginosa
  • ESBL (Extended-spectrum beta-lactamase)
  • Enterococcus
  • Stenotrophomonas maltophilia
  • Enterobacter cloacae complex
  • Citrobacter freundii ESBL positice
  • Staphylococcus epidermis
  • Sepsis/septicemia

No. We offer clients a free, no-obligation case evaluation. We pay for the cost of obtaining your medical records, any expert reviews, and court filing fees. We only receive reimbursement and a fee for our work if the drug company pays your claim. If you do not receive a recovery, then you owe us nothing.

Act now. Some lawsuits have already been filed. Indecision could mean losing the opportunity to receive just compensation. The time you have in which to file a claim depends on a variety of factors, including the state in which you live.

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

 February 6, 2017

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

Michael S. Burg Named One of America’s 50 Most Influential Trial Lawyers Burg Simpson Eldredge Hersh & Jardine Named One of America’s 25 Most Influential Law Firms The Trial Lawyer magazine honorees to be celebrated at The National Trial Lawyers’ annual summit Denver, CO – Burg Simpson Eldredge Hersh & Jardine, PC is proud to… Read more »

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

 January 23, 2017

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to announce that seven shareholders have recently been named to 5280 Magazine’s 2017 Top Lawyers list. Founded in 1993, 5280 is the largest local magazine in Colorado. The Burg Simpson attorneys selected for inclusion in 5280 Top Lawyers are: Michael S. Burg –… Read more »

2016: Another Year Burg Simpson Changed Lives

 December 8, 2016

2016: Another Year Burg Simpson Changed Lives

The Burg Simpson attorneys had another outstanding year changing the lives of those they represent. The firm’s ability to properly value cases—whether personal injury, medical malpractice, construction defect, or mass tort—and fight tirelessly as a cohesive team to obtain the compensation its clients deserve sets Burg Simpson apart. Here is just a small sample of… Read more »

Janet Abaray Profiled in Super Lawyers Magazine

 December 7, 2016

Janet Abaray Profiled in Super Lawyers Magazine

The most recent edition of Super Lawyers Magazine features a profile on Burg Simpson Ohio’s managing shareholder, Janet Abaray. In the feature, Ms. Abaray discusses some of the highlights of her career, the art of “looking around corners” in a case, taking on big pharma, and a well-known class action against the Bengals. Amongst her… Read more »

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

 February 17, 2017

Recall Alert: Comprehensive Reverse Shoulder Recalled by Zimmer Biomet

Zimmer Biomet has issued a Class I Recall of its Comprehensive Reverse Shoulder due to higher than reported fracture rates.  Zimmer Biomet issued the recall on December 15, 2016.  The Zimmer recall includes thousands of Comprehensive Reverse Shoulders.  The recalled devices were distributed between October 2008 and September 2015.  As part of the shoulder recall,… Read more »

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

 August 18, 2016

Mike Burg Holds First Book Signing for Trial by Fire at Tattered Cover

Last month at the Tattered Cover Book Store in Denver, Colorado, a crowd of over 100 were treated to an evening with Burg Simpson attorney and author, Mike Burg. Speaking about his new book, Trial By Fire: One Man’s Battle to End Corporate Greed and Save Lives, Mike discussed his childhood and his motivations that… Read more »

Talcum Powder and Ovarian Cancer?

 August 12, 2016

Talcum Powder and Ovarian Cancer?

Many cases of ovarian cancer diagnosed each year may have been caused by the regular use of talcum powder. Talc is a mineral made up of silicon, magnesium and oxygen. Because of its unique ability to absorb moisture, talc is common ingredient in Johnson & Johnson Baby Powder, Shower to Shower, and other household products… Read more »

Contaminated Olympus Endoscope Lead to Outbreak of Fatal Bacterial Infections

 July 28, 2016

Contaminated Olympus Endoscope Lead to Outbreak of Fatal Bacterial Infections

Olympus’ Surgical Scope Exposes Patients to Risk of Infection Medical device manufacturer Olympus Medical Systems Corp. (Olympus) is under investigation because its surgical device has been linked to serious infections, including some strains of drug-resistant bacteria known as “superbugs.” Olympus manufactures and sells a device called a duodenoscope that is used in endoscopic retrograde cholangiopancreatography… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

Net Neutrality

 November 18, 2015

Net Neutrality: A Panel Discussion

Rick D. Bailey contributes his opinion on Net Neutrality in this panel article published in Best Lawyers® Business Edition, Summer, 2015. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Rick Bailey - Hearing and Mishearing

 November 18, 2015

Hearing and Mishearing: Psychoanalytic Observations on the Attorney-Client Relationship

Trial lawyer Rick D. Bailey co-authored this white paper with David Stevens, a practicing psychoanalyst/clinical psychologist and associate professor at the university of Colorado Health Sciences Center. They address the attorney-client relationship throught the lens of psychoanalysis and cognitive neuroscience. Download full article PDF

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 US News 2014 Plantiffs Top 25 Most Influential Lawyers