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Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: June 12, 2026
Statute of Limitations
Washington's Product Liability Act (RCW 7.72) provides a 3-year statute of limitations for product liability claims. The discovery rule applies — the clock starts when the plaintiff discovers or reasonably should have discovered the connection between their infection and the contaminated duodenoscope. Washington has a 12-year statute of useful life limitation under RCW 7.72.060(1), but this can be rebutted by showing the product was unreasonably dangerous.
3 years from discovery of duodenoscope-linked infection
Where to File in Washington
Washington duodenoscope cases have been filed in King County Superior Court (Seattle) and the U.S. District Court for the Western District of Washington. The Virginia Mason outbreak in 2013 was among the first documented U.S. duodenoscope infection clusters, giving Washington courts early familiarity with the science of elevator mechanism contamination and CRE transmission. Washington applies a risk-utility test for design defect claims under the Product Liability Act and uses the Frye standard for expert admissibility. The state's 3-year limitations period provides additional filing time compared to 2-year states.
Exposure in Washington
Source: Virginia Mason Medical Center / CDC investigation
Source: CDC Morbidity and Mortality Weekly Report
Source: Infection Control & Hospital Epidemiology journal