Endoscopes are medical devices used to view, diagnose, and treat conditions within the body. These devices—including colonoscopes, gastroscopes, cystoscopes, hysteroscopes, bronchoscopes, and duodenoscopes—are routinely used in a wide range of procedures involving the digestive, respiratory, and urinary systems. While they play a critical role in modern medicine, concerns have been raised about whether certain endoscope products may expose patients to an increased risk of infection.
Siskinds LLP and its Québec-based affiliate, Siskinds, Desmeules, have launched a proposed class action proceeding on behalf of Canadians who suffered serious infections and related complications following procedures involving certain endoscope products manufactured and distributed by the Olympus group of companies.
Canadian class action alleges defective endoscope products
The class proceeding alleges that certain endoscope devices are defective in design and/or manufacture and that the defendants failed to adequately warn patients and healthcare providers of the risks associated with their use.
In particular, it is alleged that these endoscope products:
- Are designed in a manner that makes them difficult or impossible to properly clean and disinfect between uses;
- Contain complex internal components—such as narrow channels, joints, and elevator mechanisms—that can trap biological material and microorganisms; and
- Increase the risk of contamination and infection despite adherence to recommended cleaning and sterilization procedures.
The class action further alleges that the defendants were aware, or ought to have been aware, of these risks based on prior infection outbreaks, regulatory findings, and reported adverse events. Despite this knowledge, it is claimed that adequate corrective measures were not taken and that safer alternative designs—such as devices with improved sterilization capabilities or disposable components—were not implemented.
Infections and complications linked to endoscope use
Inadequate cleaning and persistent contamination of certain endoscope devices may lead to the transmission of harmful microorganisms, including antibiotic-resistant bacteria.
Complications associated with contaminated endoscopes may be severe and, in some cases, life-threatening. These include:
- Infections, including those caused by drug-resistant organisms
- Urinary tract infections
- Bloodstream infections (bacteremia)
- Sepsis and septic shock
- Hospital-acquired pneumonia
- Endocarditis
- Organ damage and other infection-related complications
- Prolonged hospitalization and intensive care treatment
- Failure of antibiotic treatment due to antimicrobial resistance
- Death
These risks may arise even where healthcare providers follow manufacturer-recommended cleaning and disinfection protocols.
Our class action lawyers are here to help
If you or a member of your family experienced complications following a procedure involving an endoscope, you may be part of this class action.
Siskinds’s class action team can:
- Review your medical history and determine whether you may be included in the proceeding
- Help identify the specific device used during your procedure
- Gather the evidence needed to support your claim
- Pursue compensation for injuries and losses suffered
Are you part of the endoscope class action?
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Sign up for class action updates today.
Click the Join button and complete the form to register in our database and receive all updates and notices regarding this class action.
Still have questions?
Email us at [email protected], or contact us by phone toll free at 1.800.461.6166.
By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.
Developments
Quebec
On April 13, 2026, Siskinds, Quebec filed an application for authorization to institute a class action before the Superior Court of Quebec against Olympus Corporation and related entities.
The application alleges manufacturer and distributor liability on the basis that Olympus endoscope products contain safety defects, including deficiencies in design and manufacture, and that there was a lack of sufficient disclosure regarding the risks of infection and contamination associated with their use.
The plaintiff seeks authorization to represent a national class of individuals who suffered bodily injury following procedures involving these devices and is seeking damages for bodily, moral, and material harm.
You can consult the application for authorization(French only).
FAQs
Who is affected by this class action litigation?
You are affected by the class action and are a “class member” if you have suffered a serious infection and/or related complications following procedures involving certain endoscope products manufactured and distributed by the Olympus group of companies.
You can see more details about the relevant products and injuries in the court documents filed in the class proceedings linked in the documents section below.
You may also be eligible for the class action if you are a family member of a class member (for example: if you are the spouse, parent, child, etc., of the person who suffered physical injuries).
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
If you want to be kept updated about the class action, including receiving news about certification and settlement, complete the form on this webpage to subscribe to our database and receive all updates and notices regarding the class action lawsuit.
What should I do to protect my rights throughout the class action?
To protect your rights, you should:
- Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
- Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
- If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.
- Keep copies of any medical documentation that you receive, if any, from any doctors or facilities that you attend for your injuries.
- Register to receive case updates by clicking on the Join button and complete the form to subscribe to our database to receive all updates and notices regarding this class action.
If you have not done so already, contact Siskinds so that we can evaluate your potential claim and see if we can assist you. As time passes, it can be more difficult to collect medical records. If you are interested in seeing whether we can assist you, contact us as soon as possible.
All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.
I still have a question. Who should I contact?
For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.
If you have any other questions about this case, please complete the form on this webpage, call us toll free at 1.800.461.6166 or email us at [email protected].
For communication in French or to reach our Quebec City office, Siskinds Desmeules, please contact us by phone at 418.694.2009 or toll-free at 1.877.735.3842, or email us at [email protected].
By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.