Olympus Q180V ERCP Duodenoscope
Serving Clients Nationwide From Our Texas Offices in Corpus Christi, San Antonio, Austin, and Dallas
Duodenoscopes are flexible tubes that are sent through the mouth, throat, and stomach to access the top of the small intestine. The scopes are traditionally used during a procedure to diagnose and treat pancreas and bile duct issues called endoscopic retrograde cholangiopancreatography (ERCP).Olympus Corp. manufactures the vast majority of ERCP scopes used in the United States.
However, in 2013, the Centers for Disease Control and Prevention (CDC) alerted the Food and Drug Administration (FDA) about a link between these scopes and a multi-drug resistant bacteria. The FDA has opened an ongoing investigation into duodenoscopes and their link to life-threatening infections caused by the bacteria.
What is Carbapenem-Resistant Enterobacteriaceae (CRE)?
Carbapenem-Resistant Enterobacteriaceae (CRE) is an antibiotic-resistant bacteria that is most often observed in patients with compromised immune systems. These infections typically occur in patients in hospitals, nursing homes, and other healthcare settings. Ventilators, catheters, and long courses of certain antibiotic medications can increase the risk of developing CRE. Unfortunately, CRE infections are extremely deadly. Due to their difficult nature to treat, CRE infections contribute to death in 50 percent of patients that contract the infection.
The FDA issued a safety communication regarding cleaning and disinfecting instructions for reusable duodenoscopes.
Modified Olympus Duodenoscope Linked to Same Deadly Bacteria
According to a report filed by the FDA, five patients in a foreign medical facility underwent procedures with a duodenoscope and contracted the same deadly bacteria that had infected hospitals in the United States. However, the duodenoscope used in this case was Olympus’ remodel of their original Q180V scope. In January 2016, Olympus issued a recall on the current model, stating that a new model with a more easily cleanable mechanism would be replacing them. Alongside the new model would be new cleaning procedures as well.
Olympus attempted to correct the mechanism previously in 2010, but investigations revealed that biological material and bacteria could still enter the internal channel of the scope and remain present thereafter following the prescribed cleaning instructions.
According to the Los Angeles Times, Olympus knew of potential flaws after an outbreak occurred in the Netherlands. In addition, the Japan-based company did not alert American hospitals or the FDA regarding the potential design flaws of their endoscopic retrograde cholangiopancreatography scope until after the Southern California CRE outbreaks.
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The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.
This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.
The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.
Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!
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Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.
To learn more about what it takes to speak with an injury attorney about your claim here.
Do I Need a Personal Injury Attorney Help Me Settle My Case?
Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.
By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.
If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.
What is a Contingency Fee?
In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.
Most lawyers prefer not to work on contingency cases for two reasons:
- There is a risk the firm will be paid nothing
- Any payment is delayed until money is collected from the opposing party
Generally, a lawyer who accepts contingency fee cases:
- Regularly represents clients who lack the financial resources to pay hourly attorney’s fees (as is often the case for personal injury victims).
- Is more selective about the cases they accept.
- Is very confident in their ability to win the cases they choose to handle.
How Much Does it Cost to Hire a Personal Injury Attorney?
The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.
Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.
This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.
Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.
How Much Is My Personal Injury Case Worth?
In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.
Learn more about how to estimate the value of your personal injury claim here.
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We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.
Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.
If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.
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