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Bigler v. Olympus: New wrongful death superbug trial updates, media coverage

Luvera Law Firm has been granted a retrial for our client Theresa Bigler’s wrongful-death lawsuit against Olympus Corporation on behalf of her husband Richard Bigler, after a judge found Olympus concealed key documents during the first trial.

Stay tuned to this page for ongoing trial updates, along with the latest media coverage and expert commentary from our attorneys. 

Update: January 19, 2018 

Judge grants new trial against Olympus for wrongful death case, after scope maker concealed key documents

A new trial has been granted to our client Theresa Bigler in her wrongful-death lawsuit against Olympus Corporation on behalf of her husband Richard Bigler, who died from a superbug infection linked to an Olympus TJF-Q180V duodenoscope.

King County Superior Court Judge Steve Rosen found that Olympus concealed key evidence showing it knew its medical scopes had safety issues years before the devices were connected to superbug outbreaks and deaths around the world.

Read the full press release here.

King Co. judge grants new trial for family of man killed by superbug tied to Olympus scope


The legal fight has been revived over a deadly superbug tied to scopes used at Virginia Mason Hospital in Seattle.

KIRO 7 anchor John Knicely asked David Beninger how the Bigler family has reacted.

“It’s bittersweet. They got victimized again, so it’s been hard. They’re doing this for other people. This won’t bring Rick back, but it may safeguard products and practices so it doesn’t happen again and that’s what gives them strength.”

Watch the segment and read the story here.

Judge orders new trial in Seattle-area superbug death linked to medical device

Seattle Times

“In the wrongful-death case filed by the widow of a man treated at Virginia Mason Medical Center, a King County judge said medical-scope maker Olympus Corp. failed to properly disclose years-old emails showing safety concerns.”

Read the full story here.


Update: January 18, 2018

Judge orders new superbug trial after finding that Olympus didn’t properly disclose safety concerns

Los Angeles Times

A Seattle judge said Olympus Corp. failed to properly disclose internal emails that raised safety concerns about a redesigned medical scope as early as 2008, several years before the device was publicly tied to deadly superbug outbreaks.

Olympus Faces New Trial Over Medical Scopes Tied to Superbug Deaths

The Washington Post

“Olympus robbed the Bigler family of a full and fair trial. They hid the documents and hid the witnesses,” said plaintiff’s attorney David Beninger, whose team became aware of the emails after an Olympus executive mentioned hospital tests during the first trial. “The family is grateful they will get another chance to hold Olympus accountable.”

Read the full story here.

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