Virginia · Olympus ERCP Scope
Olympus ERCP Scope Claims in Virginia
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| Filing deadline | 2 years from the date of injury, not discovery, with narrow statutory exceptions (Va. Code §§ 8.01-230, 8.01-243(A))Va. Code § 8.01-230 |
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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 Virginia?
Virginia Code § 8.01-243 provides a 2-year statute of limitations for personal injury claims. Virginia generally starts the 2-year clock when the injury happens, not when it is discovered (Va. Code § 8.01-230); a narrow exception covers latent injuries from a substance or product that could not be diagnosed within those 2 years (Va. Code § 8.01-249(4a)). Virginia does not have a general statute of repose for product liability claims against manufacturers. A lawyer can confirm yours.
Source: Va. Code § 8.01-230
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?
Virginia is significant in Olympus duodenoscope litigation due to its proximity to the FDA and the concentration of major hospital systems — including Inova, VCU Health, and the University of Virginia — that perform high volumes of ERCP procedures. Virginia applies a 2-year statute of limitations for personal injury under Va. Code § 8.01-243, which generally runs from the date of injury, not from when the link to the device was discovered (Va. Code § 8.01-230).
Virginia duodenoscope cases may be filed in Circuit Courts in Fairfax County, Arlington County, or the City of Richmond, or in the U.S. District Courts for the Eastern or Western Districts of Virginia. Virginia's proximity to the FDA headquarters in Silver Spring, Maryland, means that regulatory documents and FDA personnel are readily accessible for discovery and testimony. Virginia applies a risk-utility analysis for design defect claims and follows the Daubert standard for expert testimony in federal court. The state's 2-year limitations period generally runs from the date of injury, not from when a patient connected the infection to the duodenoscope (Va. Code § 8.01-230). Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can tell you.
How this works nationally
For the overall process and updates, read the Olympus ERCP Scope overview. This page covers the local information available for Virginia.
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 Virginia? 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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- Va. Code § 8.01-230