Tenn. Judge Declines to Set Aside Ruling for Olympus in Bronchoscope Bacteria Case

MEMPHIS, Tenn. — A Tennessee federal judge has declined to set aside his award of summary judgment to Olympus America Inc. (PINK: OCPNY) in a suit alleging that its bronchoscope was defectively designed, finding that the plaintiff failed to present newly discovered evidence.

On March 15, Judge S. Thomas Anderson of the U.S. District Court for the Western District of Tennessee further found the plaintiff did not show by clear and convincing proof that the defense witness misrepresented Olympus's role in handling and processing the bronchoscope at issue.

Cecil Young’s widow Julia sued Olympus, alleging it distributed and sold a …