THE WELCH COMPANY
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San Francisco, CA 94111-2496
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rod@welchco.com
S U M M A R Y
DIARY: July 26, 2016 11:17 AM Tuesday;
Rod Welch
EGD dilation procedure report deaths linked to scope infections.
1...Summary/Objective
........35 deaths linked to scope infections after Olympus told execs
........not to warn hospitals
........Olympus told its U.S. executives no warning about tainted
........medical scopes was needed, despite superbug outbreaks
..............
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CONTACTS
SUBJECTS
Default Null Subject Account for Blank Record
0403 -
0403 - ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 32 0000. ref SDS 31 0000.
040502 -
040503 -
040504 -
040505 -
040506 -
040508 - ..
0406 -
0407 -
0408 - Progress
0409 -
040901 - National reporting by CNBC today says...
040902 -
040903 - 35 deaths linked to scope infections after Olympus told execs
040904 - not to warn hospitals
040905 -
040906 - http://www.cnbc.com/2016/07/25/35-deaths-linked-to-scope-infections-after-olympus-told-execs-not-to-warn-hospitals.html
040907 -
040908 - Dan Mangan @_DanMangan
040909 - Monday, 25 Jul 2016 | 12:04 PM ET
040911 - ..
040912 - Don't tell ? unless they ask.
040914 - ..
040915 - Thirty-five people died in the United States after contracting
040916 - infections from contaminated medical scopes made by Olympus
040917 - Corp. in the years after a company official told American
040918 - executives not to issue widespread warnings to U.S. hospitals
040919 - "about potentially deadly infections from tainted medical
040920 - scopes," a new report says.
040922 - ..
040923 - That decision not to proactively issue warnings to US hospitals
040924 - was made despite the fact that Tokyo-based Olympus ? which
040925 - controls 85 percent of the American gastrointestinal scope
040926 - market ? was already warning European customers that a scope
040927 - made by the company had a risk of contamination after two dozen
040928 - infections were reported in hospitals in France and Holland,
040929 - according to the joint Los Angeles Times and Kaiser Health News
040930 - story that cited internal company emails.
040931 -
040933 - ..
040934 - An Olympus vice president in Pennsylvania in January 2013,
040935 - knowing about the cases in Europe, and also knowing that
040936 - Olympus was investigating a similar case in a Pittsburgh
040937 - hospital, asked in an email, "Should [we] also be
040938 - communicating to our users the information that [Olympus
040939 - Europe] is communicating to their European users?"
040941 - ..
040942 - Olympus's chief manager for market quality administration in
040943 - Tokyo in a Feb. 6, 2013, email, replied to that query.
040945 - ..
040946 - "Although it is not need[ed] to communicate to all the users
040947 - actively, you should communicate with the user who has asked a
040948 - question" wrote the manager, Susumu Nishina, according to the
040949 - email linked in the L.A. Times/Kaiser story.
040951 - ..
040952 - Nishina's email continued, telling the American vice president
040953 - that Olympus' "risk assessment" had indicated that that risk
040954 - was "acceptable."
040956 - ..
040957 - The story noted that in the three years after that email, at
040958 - least 35 people have died in American hospitals after
040959 - contracting infections from contaminated Olympus scopes.
040961 - ..
040962 - And the article said, "At the time of the safety alert in
040963 - Europe, Olympus was already aware that design flaws could make
040964 - it difficult to clean its duodenoscope for the next patient.
040965 - Used in about 700,000 procedures annually in the U.S., the
040966 - snake-like device is put down a patient's throat to diagnose
040967 - and treat problems in the digestive tract such as cancers and
040968 - blockages in the bile duct."
040970 - ..
040971 - Olympus only announced a U.S. recall of its duodenoscopes,
040972 - which is expected to be completed by next month, this past
040973 - January.
040975 - ..
040976 - The emails, and others cited in the article, are contained in
040977 - a court case file in Pennsylvania, where a patient is suing
040978 - Olympus, which also is under investigation by federal
040979 - prosecutors in New Jersey.
040981 - ..
040982 - Olympus declined to comment on the emails for the story,
040983 - citing pending litigation.
040985 - ..
040986 - The article said that Olympus, in a statement said, "patient
040987 - safety is our top priority. The duodenoscope issue continues
040988 - to receive the highest level of attention at Olympus, and we
040989 - remain committed to working with the proper authorities and
040990 - our stakeholders to understand and address the potential root
040991 - causes."
040993 - ..
040994 - The company has not yet responded to CNBC's request for
040995 - comment.
040996 -
040998 - ..
040999 - Another version of this article is....
041000 -
041001 - Los Angeles Times
041002 -
041003 - Olympus told its U.S. executives no warning about tainted
041004 - medical scopes was needed, despite superbug outbreaks
041005 -
041006 - http://www.latimes.com/business/la-fi-olympus-scopes-emails-20160721-snap-story.html
041007 -
041008 - By Chad Terhume
041009 - July 24, 2016 3:00 AM
041011 - ..
041012 - Faced with superbug outbreaks in three countries by early 2013,
041013 - Japanese device giant Olympus Corp. told U.S. executives not to
041014 - issue a broad warning to American hospitals about potentially
041015 - deadly infections from tainted medical scopes, internal emails
041016 - show.
041018 - ..
041019 - After two dozen infections were reported in French and Dutch
041020 - hospitals, the company alerted European customers in January
041021 - 2013 that a scope it manufactured could become contaminated.
041023 - ..
041024 - A top Olympus executive in the U.S. grew concerned because the
041025 - company was investigating a similar outbreak at a Pittsburgh
041026 - hospital.
041027 -
041028 - "Should [we] also be communicating to our users the
041029 - information that [Olympus Europe] is communicating to their
041030 - European users?" Laura Storms, vice president of regulatory and
041031 - clinical affairs in Center Valley, Pa., asked in an email to
041032 - Tokyo headquarters on Jan. 31, 2013.
041034 - ..
041035 - No, that?s not necessary, said Susumu Nishina, the company?s
041036 - chief manager for market quality administration in Tokyo in a
041037 - Feb. 6, 2013, reply.
041039 - ..
041040 - It is ?not need[ed] to communicate to all the users actively,?
041041 - Nishina wrote, because a company assessment of the risk to
041042 - patients found it to be ?acceptable.? However, he added that
041043 - Storms should respond to questions from a customer.
041045 - ..
041046 - Outbreaks of infection at hospitals in Los Angeles, Milwaukee,
041047 - Denver and other cities followed over the next three years.
041048 - All told, at least 35 people at U.S. hospitals have died since
041049 - 2013 - three of them at UCLA's Ronald Reagan Medical Center -
041050 - after suffering infections from contaminated gastrointestinal
041051 - scopes manufactured by Olympus, according to hospitals and
041052 - public health officials.
041054 - ..
041055 - Olympus' actions - and inaction - are being closely examined in
041056 - lawsuits by American patients and their families who contend
041057 - that the manufacturer was negligent and might have prevented
041058 - the outbreaks and deaths had it been more forthcoming. In
041059 - addition, federal prosecutors are investigating Olympus?
041060 - handling of the infections ? and the emails could become
041061 - crucial evidence in any future case.
041063 - ..
041064 - The company's internal emails reveal conflicts inside Olympus
041065 - over how to respond to a growing threat to patient safety,
041066 - pitting U.S. executives against their superiors in Japan who
041067 - had the final say. The emails were filed in a Pennsylvania
041068 - court this month as part of a patient lawsuit and obtained by
041069 - Kaiser Health News working in collaboration with the Los
041070 - Angeles Times.
041072 - ..
041073 - Olympus, which controls 85% of the U.S. market for
041074 - gastrointestinal scopes, declined to comment on the emails,
041075 - citing the pending litigation. It also declined to discuss the
041076 - ongoing investigation by the US attorney's office in New
041077 - Jersey.
041079 - ..
041080 - Storms, Nishina and other company officials named in the emails
041081 - didn't respond to requests for comment.
041083 - ..
041084 - Read the Olympus internal emails
041086 - ..
041087 - In a statement, the company said "patient safety is our top
041088 - priority. The duodenoscope issue continues to receive the
041089 - highest level of attention at Olympus, and we remain committed
041090 - to working with the proper authorities and our stakeholders to
041091 - understand and address the potential root causes." The company
041092 - declined to address why it didn't feel it was necessary to
041093 - inform U.S. hospitals when it was alerting those in Europe.
041095 - ..
041096 - At the time of the safety alert in Europe, Olympus was already
041097 - aware that design flaws could make it difficult to clean its
041098 - duodenoscope for the next patient. Used in about 700,000
041099 - procedures annually in the U.S., the snake-like device is put
041100 - down a patient's throat to diagnose and treat problems in the
041101 - digestive tract such as cancers and blockages in the bile
041102 - duct.
041104 - ..
041105 - Progress Notes for EDG Dilation Procedure on 151204 says in part...
041106 -
041107 - After a bite block was placed in the patient's mouth, an
041108 - Olympus GIF-H180J video gastroscope was advanced under
041109 - direct vision into the esophagus. ref SDS 18 P66H
041111 - ..
041112 - Patient had another EGD dilation with conscious sedation on 160617,
041113 - and afterwards experienced stroke symptoms. ref SDS 19 5F6F
041115 - ..
041116 - The next day, Doctor Yoo reported MRA found large area of inflammation
041117 - covering the brain, reported on 160618 0800, ref SDS 20 MX8L At that
041118 - time the doctor said this condition could be caused by...
041119 -
041120 - 1. Bacteria
041121 - 2. Virus infection
041122 - 3. Tumor/cancer growth
041124 - ..
041125 - Research a few days later on 160621 found...
041126 -
041127 - Infectious complications related to diagnostic endoscopy
041128 - result either from the procedure itself or from the use of
041129 - contaminated equipment. Transient bacteremia may occur
041130 - during a diagnostic endoscopic procedure and is found more
041131 - often for therapeutic procedures. The incidence is
041132 - relatively low and the rate of bacterial endocarditis or
041133 - other complications in patients not at risk for
041134 - endocarditis (e.g. normal cardiac valves) is extremely low
041135 - and estimated to be 1 in 5 to 10 million. ref SDS 24 UQ8O
041137 - ..
041138 - Seems like a matter that should be considered for upgrading
041139 - performance at VA GI Clinics. This should be cleared before Neurology
041140 - clears patient for another EGD dilation scheduled on 160909,
041141 - previously submitted to Doctor Lee in a letter from Doctor Yoo on
041142 - 160715 1630. ref SDS 27 MO6F
041144 - ..
041145 - Article continues...
041146 -
041147 - As The Times reported in December, an investigator hired by
041148 - Olympus and a Netherlands hospital concluded in a June 2012
041149 - report that the scope's design could allow blood and tissue to
041150 - become trapped, spreading bacteria from one patient to another.
041151 - The independent expert called on Olympus to conduct a worldwide
041152 - investigation and recall all its scopes if similar problems
041153 - turned up.
041155 - ..
041156 - A Senate report released this year said Olympus knew about at
041157 - least three outbreaks - at hospitals in the Netherlands,
041158 - France and Pittsburgh - affecting an estimated 46 patients
041159 - when the European alert went out in early 2013.
041161 - ..
041162 - Inside Olympus, the debate about how to respond to the emerging
041163 - outbreaks in the U.S. came to a head on Feb. 6, 2013, the
041164 - emails show.
041166 - ..
041167 - Just a few hours after her exchange with the Tokyo official,
041168 - Storms was confronted by her own U.S staff.
041170 - ..
041171 - Read Olympus' legal response
041172 -
041173 - http://documents.latimes.com/olympus-legal-response-patient-lawsuit/
041175 - ..
041176 - Donny Shapiro, a director of regulatory affairs for Olympus in
041177 - San Jose, Calif., sent an email to Storms and seven other
041178 - employees with "Duodenoscope safety recall??" in the subject
041179 - line. He cited the problems in Europe and results from the
041180 - company's microbiology lab showing Olympus scopes had tested
041181 - positive for bacteria at the University of Pittsburgh Medical
041182 - Center.
041183 -
041184 - "Why was the alert only issued in Europe?" Shapiro asked his
041185 - colleagues.
041187 - ..
041188 - Six minutes later, Storms wrote back: "Donny, [Olympus Japan]
041189 - has determined that a global communication is not required."
041191 - ..
041192 - In these emails, Storms seemed to accept the decision by the
041193 - corporate office. But in other messages to headquarters that
041194 - same day, she challenged Japan executives' handling of the
041195 - investigation into the University of Pittsburgh Medical
041196 - Center, or UPMC, outbreak. The hospital initially linked one
041197 - contaminated scope to 18 sickened patients but later
041198 - downgraded that total to one case.
041200 - ..
041201 - In a follow-up email to Nishina, Storms questioned the
041202 - company's determination that the hospital was at fault by
041203 - failing to clean the scopes properly - known as "insufficient
041204 - reprocessing."
041206 - ..
041207 - "Can you please explain how OMSC [Olympus Japan] reached the
041208 - conclusion that insufficient reprocessing was the cause for
041209 - this MDR [medical device injury report]? Since OMSC was not
041210 - on-site at UPMC and did not investigate this facility, how is
041211 - OMSC reaching this conclusion?" she asked.
041212 -
041213 - "Specifically what evidence does OMSC have that supports
041214 - inadequate reprocessing by UPMC? You do not cite any objective
041215 - findings, testing, etc. for this endoscope model," Storms
041216 - wrote.
041218 - ..
041219 - Nishina replied that the company?s cleaning instructions work
041220 - when followed and "no major observations were noted during the
041221 - inspection" of the scope in question. In the emails, he
041222 - discounted lab results showing bacterial growth on Olympus
041223 - scopes, suggesting that contaminants could have been
041224 - introduced during testing.
041226 - ..
041227 - This became the company's standard response in the US after
041228 - each outbreak over the next two years, according to federal
041229 - injury reports, company documents and interviews with
041230 - hospitals. Olympus contended that its scopes did not cause the
041231 - infections and blamed the hospitals for not cleaning the
041232 - reusable instruments properly. The company treated each case
041233 - as an isolated incident, not telling hospitals about outbreaks
041234 - elsewhere in the US.
041236 - ..
041237 - Pressure on the company increased in January 2014 when
041238 - physicians representing the American Society for
041239 - Gastrointestinal Endoscopy asked Olympus to fund testing at
041240 - hospitals on the effectiveness of scope cleaning against
041241 - antibiotic-resistant bacteria. Though Olympus months later
041242 - contributed to the research, the initial response was cautious.
041244 - ..
041245 - In Tokyo, Shigeki Okuno, who worked in regulatory affairs and
041246 - quality assurance, expressed concern about getting a "negative
041247 - result" because of improper testing procedures. Okuno
041248 - suggested that the company have a hand in the testing by
041249 - providing the data itself or working closely with the medical
041250 - society.
041252 - ..
041253 - In March 2014, an infection-control expert at the University of
041254 - North Carolina raised more red flags in an email to Olympus,
041255 - according to the correspondence filed in court.
041257 - ..
041258 - William Rutala, a UNC professor of infectious diseases,
041259 - notified the company that 40% of scopes tested at his academic
041260 - medical center were contaminated, even after following the
041261 - company's cleaning protocol.
041263 - ..
041264 - "This is a critical issue for US hospitals to
041265 - resolve/understand to ensure patient safety and I need your
041266 - input," Rutala wrote to Mary Ann Drosnock, head of infection
041267 - control at Olympus in the US at the time. "Despite substantial
041268 - time and effort we have been unable to discover the exact cause
041269 - of these positive cultures and implement a strategy to prevent
041270 - contamination."
041272 - ..
041273 - Drosnock shared the information with officials at Olympus under
041274 - the subject line "Urgent: Confidential."
041276 - ..
041277 - Rutala declined to comment for this story on the test results
041278 - at North Carolina or the company's response.
041280 - ..
041281 - The US Food and Drug Administration began looking into reports
041282 - of scope-related infections in September 2013. By May 2014,
041283 - the government investigation was intensifying and the agency
041284 - requested information from Olympus on a "potential safety
041285 - concern involving infections," according to FDA records and the
041286 - company emails.
041288 - ..
041289 - Storms forwarded the notice to the Tokyo headquarters and
041290 - labeled it "urgent."
041291 -
041292 - "I am respectfully requesting that [Olympus Japan] assign
041293 - their best English writers to work on this letter draft," she
041294 - wrote in her email. "Please give this FDA letter urgent
041295 - priority. This letter is a clear indication of the FDA?s
041296 - concern."
041298 - ..
041299 - As Olympus carried out its decision not to warn American
041300 - hospitals, the number of patient infections linked to dirty
041301 - scopes continued to climb. Overall, as many as 350 patients at
041302 - 41 medical facilities worldwide were infected or exposed to
041303 - contaminated scopes made by Olympus or two other companies from
041304 - January 2010 to October 2015, according to the FDA.
041306 - ..
041307 - Eventually, in February 2015 - more than two years after
041308 - Olympus first warned European hospitals ? the FDA issued a
041309 - safety alert saying that patients had become infected even when
041310 - the manufacturer's cleaning instructions were followed
041311 - correctly.
041313 - ..
041314 - At the same time, Olympus notified customers that it was aware
041315 - of 95 infection complaints in the U.S. about its newest
041316 - duodenoscope model, and the scope required "careful attention
041317 - to cleaning."
041319 - ..
041320 - The FDA alert came one day after an outbreak was reported at
041321 - UCLA's Ronald Reagan Medical Center. Three patients died and
041322 - five more were sickened after being treated with Olympus
041323 - scopes there, according to UCLA. The university said one of
041324 - the patients who died also had cancer.
041326 - ..
041327 - Olympus didn't announce a US recall of its duodenoscopes until
041328 - January 2016 - two days after a congressional report
041329 - criticized the company for failing to notify patients, doctors
041330 - and hospitals sooner about a serious safety hazard.
041332 - ..
041333 - The Olympus devices remain on the market and in use while the
041334 - company recalls them for repairs. The recall is expected to be
041335 - completed nationwide next month.
041337 - ..
041338 - Some doctors and researchers say the problems will persist
041339 - unless Olympus completely redesigns the duodenoscope to keep
041340 - bacteria from becoming trapped in tiny crevices at the tip.
041342 - ..
041343 - In the meantime, US hospitals are trying a variety of new
041344 - cleaning and surveillance methods to prevent more infections.
041346 - ..
041347 - And patients are continuing to wage their legal fight against
041348 - Olympus. The internal emails were filed in the pending
041349 - Philadelphia County Court case of Daniel Nietzold, a patient in
041350 - Gastonia, N.C.
041352 - ..
041353 - Nietzold, who sued Olympus in February for negligence, said he
041354 - was exposed to a contaminated scope during multiple procedures
041355 - at Carolinas Medical Center in Charlotte between January 2013
041356 - and July 2015. The hospital declined to comment.
041358 - ..
041359 - The company is fighting Nietzold in court, saying Nietzold had
041360 - "failed to allege particular facts." This month, the
041361 - Philadelphia judge dismissed the Japanese headquarters as a
041362 - defendant on jurisdictional grounds but allowed the case to
041363 - proceed against the company?s US unit.
041365 - ..
041366 - Pete Kaufman, a Los Angeles attorney representing Nietzold and
041367 - nearly 20 other patients in scope-related lawsuits around the
041368 - country, said the internal documents show that Olympus knew
041369 - patients were in jeopardy but chose not to act.
041371 - ..
041372 - Charles McIntyre of Waxhaw, NC, another Kaufman client, said he
041373 - suffered a superbug infection after being treated with an
041374 - Olympus scope in February 2015 at the Charlotte hospital. The
041375 - 61-year-old auto mechanic, who sued the device maker earlier
041376 - this year in Philadelphia, said he's still struggling to regain
041377 - his strength after spending much of last year in the hospital
041378 - fighting the infection.
041380 - ..
041381 - "Olympus had plenty of time to tell everybody in the US that
041382 - they had an issue with the scope,? McIntyre said. "I feel
041383 - betrayed."
041385 - ..
041386 - Chad Terhune is a senior correspondent with California
041387 - Healthline, a service of the California Health Care
041388 - Foundation published by Kaiser Health News.
041389 -
041390 - eterhune@kff.org
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