LOS ANGELES — The first lawsuit in the superbug debacle has been filed in the Los Angeles Superior Court against the defective medical device manufacturer responsible for the superbug-spreading equipment.

The teenage patient who contracted the superbug that plagued the UCLA Medical Center in February has filed the first lawsuit against the medical device manufacturer responsible for the tainted medical scopes. Aaron Young was one of 200 individuals who contracted the deadly bacteria Carbapenem-resistant enterobacteriaceae (CRE). This is a completely antibiotic-resistant family of bacteria known to infect and kill patients with already compromised immune systems.

Product Liability Lawsuit

Young is pursuing a product liability lawsuit for fraud and negligence against the medical device manufacturer Olympus America, Inc – the manufacturer of the particular scopes used at the medical center. The scopes in question were redesigned in 2014, but the company did not offer an updated protocol for cleaning and maintaining the device. The lawsuit alleges that instead the company merely provided hospitals, doctors, and other buyers of the scopes with the safety cleaning protocol from the older design. The company is believed to have known that its new complicated design makes it difficult to access and clean.

This difficulty in properly cleaning the scopes is believed to be the cause of the outbreak and allowed for the superbug to spread to multiple patients. Olympus America’s duodenoscope is a type of endoscope that is inserted into the throats of patients, down into the stomach, and into the intestine. They are used to treat cancer, gallstones, and other intestinal issues. However, this exposes the devices to a multitude of bodily fluids and bacteria and thus they must be thoroughly cleaned prior to re-use.

CRE happened to be the superbug spread in this particular instance, but defective devices such as these scopes can spread a variety of diseases. Sick patients – most of whom already have compromised immune systems – are the ones left suffering. The risk of injury, illness, and death could be reduced if companies such as Olympus America focused on updating their devices and protocols so that doctors and hospitals may confidently use the products without fear of harming patients.

The Defective Device No Fee Promise

If you or a loved one has been harmed by a defective device, you may have a claim against the manufacturer. Our award winning attorneys specialize in filing lawsuits for people who have been wronged by serious side-effects of prescription medications and defective medical devices. We operate under our No Fee Promise, which means you will not pay a dime until your case has been accepted and you receive your settlement. We will put it in writing for you.

To get started on your case, simply call our offices any time of the day at (866) 280-4722 or fill out the Free Case Review Form on the side of this page. We will listen to your story, explain what rights you have, and determine if you have a potential lawsuit against the device manufacturer. Remember, there are strict time deadlines to filing defective drug and device claims and if you do not act quickly your claim will be lost forever.

 

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