Prevention of Future Deaths reports · 2014

Shayla Walmsley

Regulation 28 report to prevent future deaths, reference 2014-0323, written 14 Jul 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Jul 2014
Reference2014-0323
DeceasedShayla Walmsley
CoronerR Brittain
Coroner areaInner North London
CategoryOther related deaths
Organisation namedBarts Health NHS Trust
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:
(1) ­ President, EMEA & Canada, Medtronic Ltd (Medtronic)
(2) ­ Central Alerting System Manager ­ Department of Health (DH) and
Medicines and Healthcare products Regulatory Agency (MHRA);
(3) ­ President of The Royal College of Pathologists;
1 CORONER
I am R Brittain, Assistant Coroner for Inner North London
2 CORONER’S LEGAL POWERS
I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.
3 INVESTIGATION and INQUEST
The investigation into the death of Shayla Anne Walmsley was opened on 21 May 2013
and concluded at the end of the inquest on 4 July 2014. The cause of death was
unascertained and the conclusion of the inquest was narrative
4 CIRCUMSTANCES OF THE DEATH
Miss Walmsley was found deceased at her home residence on 9 May 2013. She had a
background medical history of diabetes mellitus. Owing to difficulties with controlling her
diabetes she was started on a Medtronic insulin pump in 2009. She found this to be
beneficial and I heard evidence at the inquest that she did not report any concerns about
its functioning.
In December 2012 the MHRA asked all insulin pump manufacturers to provide details of
issues that had been raised regarding these devices. Medtronic were unable to provide this
detail until May 2013. I heard evidence that this data was held at Medtronic’s facilities in
the USA and that it could not be made available to non­US regulators in any shorter
timescale. For the sake of clarity, there was no evidence that this delay contributed to
Miss Walmsley’s death.
In April 2013 Medtronic issued a Field Safety Notice (FSN) into three issues that had been
reported as affecting the function of insulin pumps. I was provided with evidence that Miss
Walmsley received this FSN by recorded delivery. Two further FSNs were issued later in
2013, although by that time Miss Walmsley had died.
I heard evidence from a representative of the Governance Department of the NHS Trust,
which provided Miss Walmsley with the insulin pump, regarding the systems in place for
receiving and cascading FSNs. It was clear that FSNs (in generality) were often not
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addressed to the most appropriate department or individual within the Trust and, as such,
sometimes did not reach those who could take the necessary action. On occassion
patients had raised concerns to the Trust, following their receipt of an FSN, before the
appropriate individuals within the trust had themselves been made aware of the issuing of
an FSN.
I heard from Medtronic and the MHRA that, if insufficient feedback has been received from
the recipients of an FSN, this could trigger the MHRA to issue a Medical Device Alert
(MDA) through the Central Alerting System (CAS). This is an online reporting tool which
links directly to NHS Trusts (amongst others). MDAs were issued through CAS for each of
the FSNs which related to Medtronic insulin pumps in 2013.
A post mortem examination was undertaken as part of the investigation into Miss
Walmsley’s death, which did not elucidate a cause of death. The presence of a ‘Medical
Device’, which I concluded was the insulin pump, was noted during the examination but
was not further analysed. I heard evidence from the pathologist who undertook the post
mortem that he did not know the nature of the device and had received no instruction to
analyse the device from the Coroner who requested the post mortem.
Medtronic provided evidence that insulin pumps have, on occasion, been returned to them
for analysis from police officers and pathologists who are investigating deaths of pump
users. Unfortunately this did not occur as part of the investigation into the death of Miss
Walmsley. The cause of her death remained unascertained at the conclusion of the
inquest.
5 CORONER’S CONCERNS
During the course of the inquest the evidence revealed matters giving rise to concern. In
my opinion there is a risk that future deaths will occur unless action is taken. In the
circumstances it is my statutory duty to report to you.
The MATTERS OF CONCERN are as follows. –
(1) Interval to availability of Medtronic data ­ I am concerned that the investigatory role
of non­US regulators could be hampered by the timescale within which Medtronic can
provide data on request. Given the potential consequences of a delay in production of this
safety data, I believe that future deaths could result and that this warrants consideration by
Medtronic.
(2) Inconsistency in issuing FSNs ­ I am concerned that the apparently ad hoc nature by
which FSNs are issued delays appropriate individuals within NHS Trusts being aware of
safety concerns and that this could result in future deaths. It is clear the the CAS
distributes MDAs to NHS Trust governance departments in a reliable manner. I believe that
consideration should be made as to whether CAS could be used also to distribute FSNs.
I heard evidence from the governance department representative that this would not lead to
‘alert fatigue’ (where receipt of numerous alerts results in less attention being paid to
them). This is because governance departments should be receiving these FSNs in any
case and taking steps to distribute as appropriate. I heard concerns from the MHRA that
this view may not be shared by all governance departments but, in my judgement, there
should be consideration of the use of CAS for FSN distribution.
(3) Non­analysis of medical devices at post mortem ­ I am concerned that future
investigations into the deaths of medical device users could be impaired by the lack of
analysis of medical devices at post mortem. It is clear that these devices are increasingly
being used by patients and, if death is unexplained in such a patient, appropriate analysis
should be considered. As such, I believe that it is necessary to emphasise, to those
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involved in death investigation, the potential importance of device analysis.
6 ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe the addressees
have the power to take such action regarding:
Concern 1 ­ Medtronic
Concern 2 ­ CAS (Department of Health) and MHRA
Concern 3 ­ Royal College of Pathologists
7 YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date of this report,
namely by 8 September 2014. I, the coroner, may extend the period.
Your response must contain details of action taken or proposed to be taken, setting out
the timetable for action. Otherwise you must explain why no action is proposed.
8 COPIES and PUBLICATION
I have sent a copy of my report to the Chief Coroner and to the following Interested
Persons (a) Miss Walmsley’s Family and (b) Barts Health NHS Trust.
I am also under a duty to send the Chief Coroner a copy of your response.
The Chief Coroner may publish either or both in a complete or redacted or summary form.
He may send a copy of this report to any person who he believes may find it useful or of
interest. You may make representations to me, the coroner, at the time of your response,
about the release or the publication of your response by the Chief Coroner.
9 14 July 2014
Assistant Coroner R Brittain
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