Pennsylvania · Olympus ERCP Scope
Olympus ERCP Scope Claims in Pennsylvania
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| Filing deadline | 2 years from discovery of duodenoscope-linked infectionPa. C.S. § 5524 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Pennsylvania?
Pennsylvania Consolidated Statutes 42 Pa. C.S. § 5524 provides a 2-year statute of limitations for personal injury claims including product liability. The discovery rule applies — the clock begins when the plaintiff discovered or should have discovered the connection between their infection and the contaminated duodenoscope. Pennsylvania does not have a statute of repose for medical device product liability claims. A lawyer can confirm yours.
Source: Pa. C.S. § 5524
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Pennsylvania is a significant jurisdiction for Olympus duodenoscope litigation due to the University of Pennsylvania Health System and other major Philadelphia-area hospitals that performed high-volume ERCP procedures. Philadelphia's plaintiffs' bar has extensive experience in medical device and pharmaceutical product liability litigation. Pennsylvania applies a 2-year statute of limitations under 42 Pa. C.S. § 5524, with the discovery rule tolling the clock for latent infection injuries.
Pennsylvania duodenoscope cases may be filed in Philadelphia County Court of Common Pleas — historically one of the most favorable jurisdictions in the country for medical device product liability — or in the U.S. District Courts for the Eastern or Western Districts of Pennsylvania. Philadelphia's plaintiffs' bar has deep experience with complex medical device litigation and access to world-class infectious disease expert witnesses from Penn Medicine and Temple University. Pennsylvania applies a risk-utility test for design defect claims and uses the Frye standard for expert admissibility in state courts.
How this works nationally
For the overall process and updates, read the Olympus ERCP Scope overview. This page covers the local information available for Pennsylvania.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Pennsylvania? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
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- Pa. C.S. § 5524