State litigation guide · Washington

Olympus Duodenoscope Lawsuit in Washington

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Statute of limitations — Washington

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

Filing venue

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.

Washington data

Exposure in Washington

Patients exposed to CRE at Virginia Mason Medical Center in Seattle during the 2013 duodenoscope outbreak — one of the earliest documented U.S. cases

39+

Source: Virginia Mason Medical Center / CDC investigation

Year of the Virginia Mason outbreak — two years before the UCLA outbreak that brought national attention to the duodenoscope contamination problem

2013

Source: CDC Morbidity and Mortality Weekly Report

Virginia Mason implemented enhanced post-ERCP infection surveillance protocols that became a model for other hospitals nationwide, demonstrating the scope of unreported contamination

Enhanced surveillance

Source: Infection Control & Hospital Epidemiology journal

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