Prevention of Future Deaths reports · 2016

Christopher Holyoake

Regulation 28 report to prevent future deaths, reference 2016-0163, written 27 Apr 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report27 Apr 2016
Reference2016-0163
DeceasedChristopher Holyoake
CoronerChristina Swann
Coroner areaLeicester City and South Leicestershire
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published3

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:
« Mr Elliott Howard-Jones, Director of Commissioning and Operations, NHS

England, Central Midlands.
. | President of the Chief Fire Officers Association.
« MrRakesh Kapoor, Chief Executive, Reckitt Benckisher Healthcare (UK)

Ltd. (Manufacturer of E45).

7 | CORONER

1am Dr Christina JL Swann, Assistant Coroner for the coroner area of Leicester City and
Leicestershire South

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 16” September 2015 Mrs Hocking, Assistant Coroner commenced an investigation
into the death of Christopher Michael Holyoake.

At inquest on 19” February 2016 | heard evidence which culminated in the conclusion of
accidental death.

4 | CIRCUMSTANCES OF THE DEATH

Mr Holyoake had been diagnosed with a terminal and inoperable brain tumour. He was
essentially bed bound, primarily being cared for by his friend and also having carers
come in to the home four times a day. The carers were responsible for washing and
dressing Mr Holyoake and assisting him with simple activities of daily living. This
included applying E45 daily after his wash. They were also responsible for changing his
bedding and clothing regularly.

Mr Holyoake was deemed to have capacity by the GP who saw him regularly over the
last few months of his life, for continuing physical care needs. E45 had been prescribed
by his GP however this had been done on request from the District nurses. He had
therefore not seen the GP face to face at this time or been issued any warnings
regarding it's highly flammable nature. He was known to smoke whilst sat up in his bed
and had no intention to stop smoking at any point.

On the 7" September Mr Holyoake's friend had momentarily gone into the garden to
take out the rubbish, when suddenly he noticed that smoke was billowing out of the
door. He realized that there was a fire and he bravely attempted to rescue Mr Holyoake
who could not save himself due to being bed bound.

Unfortunately not being a well man himself, he was unable to save Mr Holyoake and
waited for the fire crew to arrive which they did expediently. Mr Holyoake was taken to
the Leicester Royal Infirmary where sadly he was later pronounced deceased

The fire officer felt following his investigation, that the most likely source of the fire would
have been Mr Holyoake’s lighter, coupled with the fact that he and his bedding and
clothing were covered in E45 emollient residue. He described how this would have acted
as an accelerant in this situation, increasing the intensity and speed with which the fire
took hold and therefore giving the deceased very little opportunity to be rescued.

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 MATTER OF CONCERN is as follows. —

1. 45 is highly flammable as it is a paraffin based product, the residue of which
acts as an accelerant. In this case there was a distinct lack of awareness of this
fact, by the carers and the deceased. This was in part due to lack of
communication by the GP but also due to the fact that there were no fire hazard
warnings on the prescription or the product itself.

This product is widely available over the counter to the general public and
commonly used for vulnerable individuals such as children and the elderly.
Worryingly there would appear to be no warnings on the packaging that this is
indeed highly flammable, with the potential risk of ignition.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you have 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 22" June 2016. |, 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 the Chief Coroner and to the following Interested
Persons

.
.
.

| 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.

DATE: 27" April 2016 [SIGNED BY CORONER]

Dr CJL Swann
HMAC Leicester and South Leicestershire

i)

Responses

3 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from NHS Improvement (PDF)
r e

Improvement

Patient Safety
NHS Improvement
Skipton House, Area 6C
80 London Road
SE1 6LH
https:!/www,improvement.nhs.uk

21 July 2016

Dr CJL Swann 
H.M. Coroner 
The Town Hall 
Town Hall Square 
Leicester 
LE1 9BG 

Dear Dr Swann,

Regulation 28 Report concerning Christopher Michael HOLYOAKE

Your reference:

Thank you for your letter dated 24t" May 2016 informing us of the tragic death of
Christopher Michael Holyoake and the inquest findings. You have requested that
NHS Improvement provide a response to your matters of concern outlined in the
original Regulation 28 report-that you had addressed to NHS England, and we
understand you have also written to the Medicines and Healthcare products

Regulatory Agency (MHRA).

NHS Improvement is responsible for overseeing foundation trusts, NHS trusts and
independent providers. We offer the support these providers need to give patients
consistently safe, high quality, compassionate care within local health systems that
are financially sustainable, By holding providers to account and, where necessary,
intervening, we help the NHS to meet its short-term challenges and secure its future.

1

 
 NHS Improvement is the operational name for the organisation that brings together
Monitor, NHS Trust Development Authority, Patient Safety, the National Reporting
and Learning System, the Advancing Change team and the Intensive Support

Teams.

Your letter described how Mr Holyoake had been prescribedE45 cream0 to be
applied daily, and that because E45 cream0 is a paraffin containing product that had
become soaked into his clothing and bedding, it was implicated in a fire resulting in
his death.

Firstly it may be helpful to understand previous advice issued in relation to the risk.
An alert was issued by the National Patient Safety Agency in November 2007,
following a similar fatality which occurred in a hospital.
This alert highlighted the fire hazard risks associated with paraffin based products,
particularly when they become soaked into dressings and clothing, The alert can be
viewed at http~//www.nrls,npsa.nhs.uk/resources/?entr~d45=59876

Since hearing of Mr Holyoake's tragic death we have worked closely with the MHRA
in seeking to take steps to reduce the risk of future deaths.

You may already be aware that the MHRA issued a Drug Safety Update bulletin in
April 2016, which reminds all healthcare professionals of the fire hazard risks
associated with paraffin based products. Please see link to this MHRA update
hops•//www qov uk/drug safety-update/paraffin-based-skin-emollients-an-dressings-
or-clothing-fire-risk and also please see enclosed paper version.

As you are aware, E45 cream0 does not at present have warnings on its packaging
concerning potential fire hazards, however since receiving your letter we have been
informed by the MHRA and the manufacturers of E450, Reckitt Benckiser Group,
that the company plan to introduce a warning onto the packaging of all E450
products as soon as possible. We understand that the MHRA also plan to require
manufacturers of similar aqueous based paraffin containing products to introduce
this warning onto their packaging.

 The British National Formulary (BNF) is a widely used resource that contains
essential information on the safe and effective use of medicines that are prescribed,
monitored, supplied and administered to patients by healthcare professionals.
The BNF already provides important safety information on fire hazard for paraffin
based emollients such as emulsifying ointment, white soft paraffin 50% and liquid
paraffin 50% ointment in their online and paper based publications. NHS
I mprovement have informed the editors of the BNF that the risk also applies to less
concentrated aqueous based paraffin containing products, and the BNF will in future
include a revised warning that will inform healthcare professionals of the risk
applying to all paraffin containing products.

NHS England and the MHRA have a network of Medication Safety Officers (MSOs)
working within NHS trusts and other providers of NHS-funded healthcare. The role of
MSOs is to ensure that systems are in place to improve medication safety. This risk
will  be communicated by NHS Improvement to this MSO network so the risk can be
appropriately communicated and addressed within their organisations.

Whilst the MHRA Bulletin, the MOSO network and the changes to BNF are helpful
for healthcare professionals,. including GPs, as you are aware, E45 cream0 is widely
available to the general public without prescription. The changes of labelling will be
important to ensure awareness of the risk reaches people who buy E45 cream0
without prescription. We appreciate that similar risks may apply even to substances
sold as moisturisers when these are used by less mobile adults and children. AS this
vulnerable group may not always have routine contact with NHS staff we have asked
the Care Quality Commission, the Royal College of Nursing, and networks within the
care home sector to communicate the risk via suitable newsletter and bulletin

articles,

appreciate you making me aware of this risk and giving me and my team the
opportunity to take action to prevent future deaths. Please do pass my sincere
condolences on to Mr Holyoake's friends and family.

 Please accept my best wishes,

NHS National Director of Patient Safety

NHS Improvement
Response from Reckitt Benckiser Group Plc (PDF)
HEALTH » HYGIENE » HOME

16 June 2016

Dr. C JL Swann a
H.M. Coroner

The Town Hall j
Town Hall Square

Leicester £]
LEI 9BG

Dear Dr. Swann,

Firstly, we want to express our deep sorrow towards the family of Mr Holyoake, who we
understand perished tragically.

We have confirmed in our records that no previous adverse events have been reported to RB
relating to the flammability of E45. The labelling and usage instructions of our cosmetic
products is in full compliance with the Cosmetic Product Regulation, or in case of our medicinal
products approved by the Medicines and Healthcare products Regulatory Agency (MHRA).

Despite regularly assessing our products we have taken this tragedy as a reason to conduct an
additional safety assessment and reassess the labelling across our entire E45 product portfolio
in respect to its potential risk of flammability. As a result of our safety review, we will be
submitting an application to the MHRA to update the labelling to include guidance on potential
flammability, of the following medicinal product:

* E45 Cream 50g, 125g, 350g, 500g (PL 00063/0404)
and the following cosmetic products:

E45 Body Lotion Hydrate & Protect 250mI, 400m!

E45 Body Lotion Intense Recovery 250ml, 400m!

E45 Body Lotion Nourish & Restore 250ml, 400m!

E45 Moisturising Lotion 200m!, 500m!

E45 Intense Recovery Fast Action 24H Spray Moisturiser 200m|
E45 Junior Moisturising Lotion 200m!

The above products have been identified due to their use, being leave on products (i.e. not
being removed after application) with potentially high single dose or high frequency of low
dosing containing >5% w/v levels of combined paraffins.

RB Reckitt Benckiser Group pic 103-105 Bath Road, Slough, Berkshire SL1 3UH, United Kingdom
Tel: +44 (0) 1753 217800 Fax: +44 (0) 1753217899 www.rb.com

Od

The below warning will be added to the product labelling: HEALTH » HYGIENE » HOME
“If using large quantities, regularly change clothing, bedding or dressings impregnated with the
product and keep away from fire as it may pose a fire hazard.”
We aim to make these changes according to the following timeline:

* Submission of our variation package to the MHRA in July 2016

* Subject to a favourable approval by the MHRA release products with revised labels in

summer 2017

* Cosmetic range of products will follow a similar timing of release
Thank you for raising this issue with us. We will implement this additional safety information to
ensure the safe use of E45 for all consumers.

Yours sincerely,

Auwtbit

MI «1005, 10, 1s cons, 0FFP, waccP, MaA,oip Pram Med

Director of Regulatory and Medical Affairs
Europe/ANZ/Russia

RB Reckitt Benckiser Group pic 103-105 Bath Road, Slough, Berkshire SL1 3UH, United Kingdom
Tel: +44 (0) 1753217800 Fax: +44(0)1753217899 www.rb.com
Response from Chief Fire Officers Association and Mhra (PDF)
CFOA 
Chief Fire Officers 
Association 

The professional voice of t11e 
UK Fire & Rescue Service 

Chief Fire Officers Association 
9-11 Pebble Close 

Amington
Tamworth 
Staffordshire 
B77 4RD 

Dr CJ L Swann 
Assistant Coroner 
Leicester City and  South Leicestershire 
The Town Hall 
Town Hall Square 
Leicester 
LE1  9BG 

22 June 2016 

Dear Dr Swann 

RE:  Christopher Michael HOL YOAKE 

Thank you for your letter dated 27 April 2016 in respect of the above.  I am  responding as the 
current President of the Chief Fire Officers Association (CFOA) . 
from the service. 

 recently retired 

Accordingly, I can advise you that your letter and attached Regulation 28:  Report to Prevent 
Future Deaths has been circulated to Chief Fire Officers/Chief Executives and other 
practitioners in the fire and rescue services via a number of the CFOA Communities.  Particular 
attention has been drawn to Section 5 of your report i.e the Matter of Concern. 

Chief Fire Officers/Chief Executives will ensure that the information and details contained within 
your report are shared with the appropriate staff. 

Please do not hesitate to contact me if I can  be of any further assistance. 

Yours sincerely 

President 

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 Medicines & Healthcare products 

*Regulatory Agency 

H.M Coroner 
Leicester City and South  Leicestershire 
The Town Hall 
Town Hall Square 
Leicester 
LE1  98G 

30 June 2016 

151  Buckingham Palace Road 
London 
SW1W9SZ 
United Kingdom 

www.gov.uk/mhra 

Regulation 28 Report concerning Christopher Michael HOLYOAKE CEM/GA/02481-2015 

Thank you for your letter of 24th  May 2016 in  which you asked the MHRA to provide a response to the 
Regulation 28 Report to Prevent Future Deaths following the  inquest into the death of Mr Christopher 
Michael Holyoake. 

The MHRA as a regulatory agency has a responsibility to ensure that medicines are efficacious and 
acceptably safe and that guidance on the use of a medicine is appropriately described in the 
authorised product information (summary of product characteristics,  labelling and patient information 
leaflet). 

Your report identified two matters of concern which falls with in the remit of the MHRA. 

1. 

E45 is highly flammable as it is a paraffin based product,  the residue of which acts as 
an accelerant.  In  this case there was a distinct lack of awareness of this fact by the 
carers and the deceased.  This  was in part due to lack of communication by the GP but 
also due to the fact that there  were no fire hazard warnings on the product itself. 

The MHRA issued advice to healthcare professionals in  2008 to inform them that whilst paraffin based 
emollients in themselves are not flammable they can act as accelerants when use in large quantities 
and patients' clothes or bedding become saturated with these products.  A reminder article , reiterating 
that healthcare professionals should advise patients not to smoke or use naked flames whilst 
emollients are in  contact with their dressings, clothing or bedding was issued in our publication  Drug 
Safety Update in April 2016. This article was linked to support materials published by NHS 
Improvement along with details of how to report incidents of harm.  The article is attached at annex 
A. 

Separately the British  National Formulary has been updated  to make reference to this risk of fire with 
predominantly paraffin based topical medicines so that healthcare professionals could be alerted. 

 
 2. 

This product is widely available over-the-counter to the general public and commonly 
used for vulnerable individuals such as children and the elderly.  Worryingly there 
would appear to be no warnings on the packaging that this is indeed highly flammable 
with the potential risk of ignition. 

In  2009 on the basis of the evidence available at the time, the MHRA added label warnings to those 
emollient products which  included predominantly paraffin based ingredients to warn  patients and 
carers of the risks if used in large quantities of acting as an accelerant.  The warning  statement 
which appears on the outer packaging  is 

WARNING:  If this product comes into contact with dressing and clothing,  the fabric can be easily 
ignited with a naked flame.  You  should keep away from the fire and do not smoke when using this 
product. 

Aqueous-based products such as E45 Cream were not included in this review. 
In light of this case 
we will now take action to ensure all emollient medicines, including those aqueous based products 
such as E45 Cream carry a similar warning statement. We aim to have completed regulatory action 
by the end  of the year and will accompany this with appropriate communications to relevant 
healthcare professionals including nurses to reinforce the warning and  advice. 

I will write to you  again when our action is completed . 

Yours sincerely 

Chief Executive Officer 
Medicines and Healthcare products Regulatory Agency 
151  Buckingham Palace Road , London, SW1W 9SZ 
www.mhra.gov.uk 

 
 ANNEX A 

Paraffin-based skin emollients on dressings or clothing: fire risk 
Summary 
Smoking or a naked flame could cause patients' dressings or clothing to catch fire when being treated 
with paraffin-based emollient that is in contact with the dressing or clothing. 
Reminder for healthcare professionals: 

•  Advise patients not to: smoke;  use naked flames (or be near people who are smoking or using 
naked flames); or go near anything that may cause a fire while emollients are in contact with 
their medical dressings or clothing 

•  Change patient clothing and bedding regularly-preferably daily-because emollients soak 

• 

into fabric and can become a fire hazard 
Incidents should be reported to NHS England's Serious Incident Framework (includes Wales), 
Healthcare Improvement Scotland, or to the Health and Social Care Boards in Northern 
Ireland 

Main article 
When patients are being treated with a  paraffin-based emollient product that is covered by a dressing 
or clothing, there is a danger that smoking or using a naked flame could cause dressings or clothing 
to catch fire. We informed healthcare professionals of this risk in January 2008. 
Examples of paraffin-based emollients include: 

•  white soft paraffin 
•  white soft paraffin plus 50% liquid paraffin 
•  emulsifying ointment 

The risk is greater when these preparations are applied to large areas of the body, or when dressings 
or clothing  become soaked with emollient. 
We are aware of a recent fatal  incident reported to the NHS England National Reporting and Learning 
System,  in which a naked flame ignited emollient in contact with a  patient's dressings and clothing. 
Posters have previously been available from the National Patient Safety Agency, and may be a useful 
source of information for local use. 

Article citation.· Drug Safety Update  volume 9 issue 9. April 2016: 9.

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