STORY FROM: Drugs & Medical Devices

N.C. Federal Magistrate Judge Says Olympus Contaminated Endoscope Action Time-Barred

DURHAM, N.C. — A North Carolina federal magistrate judge has recommended awarding summary judgment to Olympus America Inc. in a case involving an endoscope that was allegedly contaminated, finding the action is time-barred under state law.

On June 1, Magistrate Judge Joe L. Webster opined that the plaintiff discovered his injury following his May 2011 procedure. There is no sufficient evidence that the injury did not become reasonably apparent until more than two and a half years after the procedure, the judge said.

Chance Williams underwent an endoscopy procedure at the Womack Army Medical Center in Fort Bragg, N.C. and, ...

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