The short version: Some Olympus endoscope models — the flexible scopes hospitals use for colonoscopies, ERCP, and bronchoscopies — have been the subject of FDA recalls, a federal criminal proceeding, and a 2025 import alert covering 58 specific Olympus models. If you developed a serious infection after a scope procedure, knowing which device was used on you is one of the most important pieces of information for your case. The hospital is required to give you that information under federal law — you just have to ask the right way.
Why the Make and Model Matter
Not every endoscope has been the subject of FDA action. Olympus has — in a way few medical device makers ever have. The U.S. Food and Drug Administration issued a sweeping import alert in June 2025 covering 58 specific Olympus models after a string of documented hospital outbreaks (FDA Import Alert 89-08, 2025). Years earlier, an Olympus subsidiary pleaded guilty in federal court for failing to report serious infection outbreaks linked to its duodenoscopes (DOJ press release, December 10, 2018).
The make and model of the device used in your procedure tells you whether you were exposed to a scope from the documented Olympus problem set — or to a different manufacturer's device. That single fact can change everything about your case.
The FDA also tracks every medical device with a Unique Device Identifier (UDI). Federal regulations require manufacturers to label devices with these identifiers, and hospitals are required to record them in patient health records (FDA UDI rule, 21 CFR Part 830). The UDI of the scope used on you — if the hospital captured it — lets you trace the exact device, including its serial number and reprocessing history.
Your HIPAA Right of Access
Under the federal Health Insurance Portability and Accountability Act — HIPAA — you have a legal right to your own medical records. The U.S. Department of Health & Human Services has issued explicit guidance on this right (45 CFR § 164.524), and it is one of the strongest patient-records protections in U.S. law.
What that right covers, in plain English:
- You can request a copy of your designated record set — medical records, billing records, and information used to make decisions about your care.
- The hospital has 30 days to respond. They can ask for one 30-day extension, but they have to tell you why in writing.
- Fees are limited to a "reasonable, cost-based" amount — usually not more than the cost of copying.
- You can ask for the records in electronic format if the hospital maintains them electronically — which they do.
- You do not need to give a reason. The hospital cannot ask why you want them.
What to Ask For
Most hospital records portals only show summary documents — discharge instructions, follow-up notes, lab values. To get the device information you actually need, you have to file a formal records request and ask for the full procedure record. A request that gets results usually includes:
- Your full procedure note — including the operating physician's dictation and the procedure log entry.
- The device identification record — the make, model, serial number, and Unique Device Identifier (UDI) of every device used during your procedure. Modern endoscopy suites scan a barcode at the start of every procedure that captures this data.
- The reprocessing record — documentation showing when and how the specific scope was cleaned before your procedure, and which technician handled it.
- The pathology and microbiology reports — biopsy results from the procedure itself, and any culture results from infection workups afterward.
- All physician notes from any infection-related care — emergency department visits, hospital admissions, infectious-disease consultations.
Submit the request in writing to the hospital's medical records or "Health Information Management" department. Most hospitals have a HIPAA records-request form on their website. If they do not, a simple letter referencing the HIPAA Right of Access works fine. Keep a copy of what you sent and the date you sent it.
What to Do If the Hospital Pushes Back
Some hospitals push back on requests for device-identification information. They may claim the data is proprietary, that it lives in a separate system, or that they need additional authorization. Most of those answers do not hold up under HIPAA. The procedure record — including device identifiers captured during your care — is part of your designated record set.
If you hit resistance:
Resubmit in writing, citing the law.
Reference the HIPAA Right of Access (45 CFR § 164.524) and ask for a written explanation if the hospital is denying any portion of the request.
Ask for the privacy officer.
Every HIPAA-covered hospital is required to designate one. They are usually faster to respond than the records department.
File a complaint with HHS.
The Office for Civil Rights at the Department of Health & Human Services investigates HIPAA Right of Access denials. They have published enforcement actions against hospitals that drag their feet, and a complaint costs nothing to file at hhs.gov/ocr/complaints.
Talk to a lawyer.
A records request signed by a law firm often gets faster, more complete compliance — and an attorney can also subpoena the records as part of a case if voluntary disclosure fails.
What to Gather Before You Reach Out
Most of the records work above can wait until after you have started a case check — law firms handle the records requests for their clients, and a firm's request often gets a faster, more complete response than a patient's. But if you want to start gathering what you have right now, the most useful items are:
- The date and name of the procedure (colonoscopy, ERCP, bronchoscopy, etc.) and the hospital or surgery center where it was done.
- The name of the operating physician.
- Any culture or microbiology reports from after the procedure — particularly anything that names a specific bacterium.
- A rough timeline of symptoms — when fever started, when antibiotics began, when you were admitted (if you were).
- Discharge paperwork from any hospitalization or emergency department visit related to the infection.
That is enough for a productive first conversation. Everything else — the formal records request, the device identification, the medical review — gets handled from there at no cost to you.
Why Hospitals Make This Harder Than It Should Be
Hospitals are caught between two pressures. On one side: federal HIPAA rules and accreditation standards that require them to maintain and disclose device-identification records. On the other side: a real institutional reluctance to hand over information that could support a case against the hospital itself, or against a major device maker the hospital does business with. The result is records departments that are slow, evasive, or "unable to locate" specific items.
The patients in published Olympus outbreak investigations — UCLA, Virginia Mason, Cedars-Sinai — were generally not told the scope was the source until investigators pieced it together months or years after the fact (NEJM/JAMA outbreak studies, 2014–2016). That pattern still holds for individual cases today. The records exist; they are accessible under federal law; and pulling them is exactly the kind of legwork a free case check covers.
You may have legal options. Find out for free.
If you had a colonoscopy, ERCP, bronchoscopy, or other endoscopic procedure since 2015 and developed a serious infection afterward, a real person will review your situation at no cost. No Fees Unless We Recover Money for You.
Start Free Case Check →Where to Learn More
If you want to read more about the underlying Olympus scope problem — the design defect, the FDA timeline, and which procedures are at risk — the full lawsuit overview is on Lawsuit Loop's Olympus duodenoscope superbug infection page. That page covers who qualifies, what kinds of infections are documented, and how the cases are being filed.
Sources
- U.S. Department of Health & Human Services, Office for Civil Rights. "Individuals' Right under HIPAA to Access their Health Information (45 CFR § 164.524)." hhs.gov/hipaa/for-professionals/privacy/guidance/access. Accessed Apr 2026.
- U.S. Department of Health & Human Services. HIPAA Right of Access enforcement actions and resolution agreements. hhs.gov/hipaa/for-professionals/compliance-enforcement/agreements.
- U.S. Food & Drug Administration. "Unique Device Identification System (UDI)." 21 CFR Part 830. fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/unique-device-identification-system-udi-system.
- Centers for Medicare & Medicaid Services. "Unique Device Identifier (UDI) Information." cms.gov/medicare/coverage/coverage-research/uniquedeviceidentifier.
- U.S. Department of Justice. "Olympus Medical Systems Corporation Pleads Guilty to Distributing Endoscopes After Failing to File FDA-Required Adverse Event Reports of Serious Infections." Press release, December 10, 2018. justice.gov/opa/pr/olympus-medical-systems-corporation-pleads-guilty-distributing-endoscopes-after-failing-file.
- U.S. Food & Drug Administration. Import Alert 89-08, June 2025 — 58 Olympus endoscope models blocked from U.S. market. accessdata.fda.gov/cms_ia/importalert_189.html.
- Epstein L, et al. "New Delhi Metallo-β-Lactamase Producing Carbapenem-Resistant E. coli Associated with Exposure to Duodenoscopes." JAMA, 2014. UCLA outbreak investigation.