Virginia Mason joins widow in 'superbug' lawsuit against manufacturer

SEATTLE — Virginia Mason is joining forces with the widow who sued them for her husband's death. On Monday, Virginia Mason filed a cross-claim against Olympus America, the maker of the scope linked to the "superbug" outbreak at the hospital that sickened 39 patients.

Quick facts:

• Theresa Bigler's husband died after infected by contaminated medical scope
• She filed lawsuit against Olympus America in March
• VM joined her in the lawsuit
• Doctor calls Olympus 'unethical'

Theresa Bigler, of Woodway, is seeking damages for the death of her husband, Richard Bigler, 57. The lawsuit was filed in March in King County Superior Court against Virginia Mason and Olympus America. Theresa Bigler wants to hold those responsible for killing her husband accountable.
 
Richard Bigler was one of 18 patients who died after being infected by a contaminated medical scope made by Olympus America and used during diagnostic and treatment procedures at Virginia Mason from late 2012 to 2014, according to the hospital.  Bigler was diagnosed with pancreatic cancer in November 2012. The following summer, he developed a blocked bile duct. After an endoscope procedure, he developed a drug-resistant E. coli infection and died in two weeks.
 
At a news conference Monday, Virginia Mason answered questions and spoke openly about how it handled the original outbreak.
 
"We did not want to incite unnecessary panic. We did not want patients to avoid necessary medical procedures based on information that could have incited panic," said Dr. Andrew Ross, gastroenterology, Virginia Mason.
 
The hospital was previously criticized for not notifying patients. Theresa Bigler found out her husband died from an E. coli infection linked to the scopes through media reports.
Monday, the hospital acknowledged 39 patients contracted the bacteria and 18 of those patients have died. Seven of those deaths occurred within 30 days of the procedure and are more closely linked to the bacteria than the illness, according to the hospital's attorney. Virginia Mason says all patients involved have been notified, or their relatives contacted.  Patients scoped in the same period also were notified.
 
Virginia Mason says the scope is nearly impossible to clean.  It says it followed all cleaning protocols established by the manufacturer.
 
Dr. Ross thinks Olympus knew it made a product that could not be decontaminated. "Their silence on this important issue was unethical, irresponsible and put patient lives at risk," said Ross.
 
John Gagliardi, Bigler's attorney, thinks Olympus misled and misinformed Virginia Mason. "We have come to believe that many of the injuries and premature deaths that have been caused by these contaminated scopes could have been prevented if Olympus had acted responsibly," said Gagliardi.
 
Bigler and Gagliardi think fighting side by side with Virginia Mason will have a greater impact -- the hospital has first-hand knowledge of the outbreak and the device.
 
"I hope by joining with us, it will strengthen our fight for changes and safer medical practices and safer devices and hopefully other families won't have to through what we did," said Theresa Bigler.
 
Virginia Mason started an intense cleaning procedure. The hospital purchased 20 more of the scopes, at a cost of $750,000. The hospital how has 28 of the scopes in question. The scopes are cleaned, cultured, then quarantined for 48 hours. If the tests come back negative for bacteria, the scope can be used. The hospital is sharing the new cleaning protocol with doctors across the country.
 
Bigler is still suing Virginia Mason for her husband's death; the hospital is not dropped from the suit. Bigler's attorney said the focus is now on Olympus America.
 
KIRO-7 contacted Olympus America and is awaiting a response.
 
The lawsuit is the latest development in a growing national problem of hard-to-clean medical scopes spreading dangerous bacteria among patients at hospitals. At least 135 patients who underwent so-called ERCP procedures, or endoscopic retrograde cholangiopancreatography, between 2013 and 2014 developed multidrug-resistant infections, according to the federal Food and Drug Administration.
 
The Seattle outbreak, one of the nation's largest, involved strains of multidrug-resistant E. coli bacteria.
 
It was followed by reports of seven infections, two deaths and scores of patients being notified that they'd been potentially exposed to dangerous carbapenem-resistant Enterobacteriacea, or CRE, at a Los Angeles hospital between October and January.

Information from The Associated Press is included in this report.

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