Prevention of Future Deaths reports · 2016

Terence Brooks

Regulation 28 report to prevent future deaths, reference 2016-0056, written 12 Feb 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 Feb 2016
Reference2016-0056
DeceasedTerence Brooks
CoronerPeter Harrowing
Coroner areaAvon
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedRoyal United Hospitals Bath NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

NOTE: This form is to be used after an inquest.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

Royal United Hospitals Bath NHS Foundation Trust
He, Daughter of the Deceased |
Care Quality Commission

Bath & North East Somerset Clinical Commissioning Group
Chief Coroner

QPRONS

4 | CORONER

| am Dr. Peter Harrowing, LLM, Assistant Coroner, for the coroner Area of Avon

2 | CORONER’S LEGAL POWERS

| 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

On 30th July 2015 | commenced an investigation into the death of Mr. Terence brooks
age 68 years. The investigation concluded at the end of the inquest on 9th February
2016. The conclusion of the jury was that the medical cause of death was

\(a) Legionella pneumophila pneumonia; I(b) Neutropenic sepsis; l(c) Acute myeloid
leukaemia (treated with chemotherapy) and the conclusion as to the death was that “The
deceased was fatally infected with legionella contracted from the William Budd Ward
due to a malfunctioning water supply and distribution system, which had subsequently
tested positive for Legionella”

4 | CIRCUMSTANCES OF THE DEATH

From around January 2014 Mr. Brooks was diagnosed with low grade non-Hodgkin's
lymphoma. He was under the care of the consultant haematologist at the Royal United
Hospitals Bath NHS Foundation Trust (the ‘hospital’) and a ‘watch and wait’ approach
was adopted. Although no treatment was provided at that time he remained under
regular review at the hospital.

In April 2015 Mr. Brooks attended the hospital for an out-patient appointment when
blood tests showed he had anaemia. He also reported experiencing drenching sweats,
tiredness and breathlessness on minimal exertion. He underwent a bone marrow
trephine biopsy and later it was confirmed he was suffering with acute myeloid
leukaemia which was unrelated to his lymphoma.

On 5th May 2015 Mr. Brooks was admitted to the William Budd ward of the hospital with
symptoms of a chest infection. Following admission the diagnosis of acute myeloid
leukaemia was confirmed and he was commenced on standard first-line remission
induction chemotherapy. As a result of the chemotherapy Mr. Brooks inevitably became
neutropenic and he had a long period of pancytopenia.

By 18th June 2015 his neutrophil count had recovered and Mr. brooks was feeling better
and he was discharged home on 23rd June 2015. On 24th June 2015 he returned to
hospital for a bone marrow biopsy which was later reported as showing incomplete
remission from the chemotherapy. Therefore it was necessary for him to undergo
further chemotherapy and he was re-admitted to the William Budd ward of the hospital
on 29th June 2015.

Between 23rd June 2015 and 29th June 2015 Mr. Brooks visited his own home, as well
as that of his daughter and also a friend. In addition he visited two public houses.

Following his readmission to hospital and commencement of further chemotherapy he

|

spiked a temperature on 9th July 2015. A stool sample was reported as positive for
Clostridium difficile and blood cultures revealed E.coli and Enterobacter cloacae. He
remained on broad spectrum antibiotics.

Owing to worsening chest symptoms Mr. Brooks underwent a CT scan of his chest on
13th July 2015 which showed marked consolidation in the lungs. On 18th July 2015 a
urine sample was sent for testing for Legionella which was reported on 20th July 2015
as being positive. Alternative antibiotics were commenced but Mr. Brooks died on 23rd
July 2015.

Public Health England were notified of the Legionella infection by the hospital. Public
Health England in turn notified the Health & Safety Executive. Numerous water samples
from William Budd ward and its annex were tested for the presence of Legionella of
which a number were reported as being positive including some being positive for
Legionella serotype 1 as well as serotypes 2 - 14. Water samples from some of the
locations visited by the deceased between 23rd and 29th June 2015 were also tested
and reported as being negative for Legionella. None of the water samples from the ward
reported as being positive grew the same subgroup of serotype 1 as found in samples
from the deceased.

The Health & Safety Executive visited the hospital and found deficiencies in the water
system and on 28th August 2015 they issued an Improvement Notice. During the
course of their inspection the HSE were made aware of a hitherto unknown recirculating
pump on the water system of William Budd ward which had failed. This had resulted in
lower water temperatures in the hot water system than that required to suppress the
growth of Legionella. The HSE also identified the schematics of the water system for the
ward were out of date and that the scheme in place for the regular monitoring of the
efficacy of legionella control measures did not encompass the localised loops of
pipework to the William Budd annex.

The hospital conducted its own internal investigation and root cause analysis. They
concluded that since the same subgroup of Legionella serotype 1 had not been found in
the water samples as had been found in samples from the deceased then the William
Budd ward was not the source of the infection.

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) Those who conducted the investigation and root cause analysis on the part of the
hospital did not appreciate that notwithstanding the absence of the specific
subgroup of Legionella serotype 1 in the water samples from the ward as compared
to samples from the deceased that this was not conclusive as to the ward not being
the source of the infection.

(2) There was a lack of understanding on the part of the hospital as to how to interpret
the results of the microbiological analysis of the water samples and the limitations of
testing including the meaning of any results obtained, the reliability which may be
placed on those results and any conclusions which may be drawn from those
results.

(3) Asa result of this lack of understanding the hospital misinterpreted the results and
conducted their investigation and root cause analysis on a false premise which led
them to conclude erroneously that the William Budd ward was not the source of the
Legionella infection.

(4) The hospital, although responding promptly to the infection, had no procedure in
place detailing how the investigation of the cause of a legionella infection should be
undertaken.

(5) The hospital should put in place an approved procedure for the investigation of any

future outbreaks of Legionella infection should they occur. This procedure should

describe and define clearly inter alia the nature, limitations and interpretation of the
results of any microbiological testing undertaken.

The responsibility for putting such a procedure in place should be that of the

Director of Infection Prevention and Control who, in drafting the procedure, should

seek the support and guidance of appropriate professionals including Public Health

(6

2

England and the Health Safety Executive

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe your
organisation has the power to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 8th April 2016. 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.

COPIES and PUBLICATION

| have sent a copy of my report to daughter of the deceased, the
Care Quality Commission, and the Bath & North East Somerset Clinical Commissioning

Group.

| shall send a copy of your response to the Care Quality Commission and
the Bath & North East Somerset Clinical Commissioning Group.

| have sent a copy of my report to the Chief Coroner.

lam 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.

12th February 2016 c Assistant Coroner

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