A Snohomish County widow has filed a federal lawsuit against medical device manufacturer Olympus, alleging a contaminated endoscope used during a procedure at a Seattle hospital exposed her husband to a drug-resistant infection that ultimately killed him.
Michelle Bruto Da Costa, of Woodway, filed the suit June 5 in Seattle federal court on behalf of herself and the estate of her late husband, Mark Bruto Da Costa.
According to the complaint, Mark underwent an endoscopic procedure at University of Washington Medical Center on June 12, 2023. An Olympus duodenoscope was used during the procedure, according to the lawsuit.
The lawsuit alleges Bruto Da Costa developed a vancomycin-resistant Enterococcus, or VRE, infection within days of the procedure and died on June 28, 2023.
“As a direct and proximate result of Defendants’ misconduct, Decedent died,” attorneys for the family wrote in the complaint.
Family Claims Infection Came From Medical Device
According to the lawsuit, Bruto Da Costa showed no signs of VRE infection before the procedure.
The complaint alleges he sought treatment four days later, and blood cultures revealed the presence of the drug-resistant bacteria.
An infectious disease specialist noted that Bruto Da Costa had “taken a definitive turn for the worse with significant weight loss and persistent leukocytosis and worsening hyperbilirubinemia,” according to medical records cited in the lawsuit.
Despite treatment efforts, the infection could not be eradicated, the complaint states.
The lawsuit alleges the VRE infection led to septic shock, organ failure and ultimately Bruto Da Costa’s death.
The family is seeking compensatory and punitive damages.
Lawsuit Targets Olympus Endoscope Design
At the heart of the case is a reusable medical device known as a duodenoscope.
The lawsuit alleges Olympus designed and marketed endoscopes that could not be reliably cleaned and disinfected between patients, even when hospitals followed the company’s instructions.
According to the complaint, the devices contain tiny channels, crevices and moving parts where bacteria can remain hidden after cleaning.
“Medical providers were not able to safely and effectively sanitize and clean the Endoscope Device even if the providers strictly complied with Defendants’ reprocessing instructions,” the lawsuit alleges.
The complaint further claims residual debris, moisture, and bacteria can remain trapped inside the devices, exposing future patients to infection.
The lawsuit cites scientific studies, FDA inspections, and prior outbreaks involving endoscopes as evidence Olympus knew or should have known about the risks.
Among the allegations is that a post-market study ordered by the Food and Drug Administration found Olympus cleaning instructions were “not sufficient to consistently ensure user adherence” during key stages of reprocessing.
The lawsuit also references prior regulatory actions involving Olympus and claims thousands of reports involving infections, sepsis, and deaths have been associated with endoscopes in FDA databases.
A Growing Debate Over Reusable Endoscopes
The lawsuit comes as hospitals and regulators continue to grapple with concerns about infections linked to reusable endoscopes.
The devices are used millions of times each year in the United States and play a critical role in diagnosing and treating digestive disorders.
Because they are reused from patient to patient, they must undergo extensive cleaning and disinfection procedures after every use.
The Bruto Da Costa family’s lawsuit argues those procedures were not enough to eliminate dangerous bacteria from Olympus devices.
The complaint alleges Olympus failed to adequately warn doctors and patients about the risk of contamination and infection.
“Defendants knew or should have known that their Endoscope Devices and accompanying inadequate reprocessing protocol unreasonably exposed patients, like Decedent, to the risk of serious harm,” the lawsuit alleges.
Seeking Accountability
Mark Bruto Da Costa was 44 years old when he died.
The lawsuit says his wife has suffered the loss of her husband after nearly 20 years of marriage. The couple married in 2003 and lived in Woodway.
The case seeks damages for wrongful death, pain and suffering, medical expenses and other losses. No trial date has been set.
Puget Press has reached out to Olympus for comment.
