Prevention of Future Deaths reports · 2016

Michael Dundon

Regulation 28 report to prevent future deaths, reference 2016-0305, written 23 Aug 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report23 Aug 2016
Reference2016-0305
DeceasedMichael Dundon
CoronerDavid Hinchliff
Coroner areaWest Yorkshire (East)
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedLeeds Teaching Hospitals NHS Trust
Sourcejudiciary.uk record · original PDF
Responses published1

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.

ANNEX A

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:

1. Rt Hon Jeremy Hunt MP, Secretary of State for Health, Department of
Heaith, Richmond House, 79 Whitehall, London, SW1A 2NS
1 | CORONER
| am David Hinchliff, Senior Coroner, for the coroner area of West Yorkshire (Eastern).
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 12" November 2015 | commenced an investigation into the death of MICHAEL
DUNDON, aged 73. The investigation concluded at the end of the Inquest on 8° fh August
2016. The conclusion of the Inquest was Accidental Death. “Michael Dundon suffered
with mental health problems which had caused changes to his personality, which had
caused him to become violent on occasions, which made him unsuitable to remain a
resident at Copperhill Nursing Home. He was admitted to St James’s University
Hospital, Leeds where he should have been supervised on a one to one basis, but there
was a period when he was unsupervised, which enabled him to ingest safety gel liquid
absorbing crystals which had been placed in unused urine bottles in his room. The
crystals solidified causing a blockage to his airways and causing his death to be
confirmed at 0615 hours on 11" November 2015 on Ward J14 at St James's University
Hospital. The safety gel was not recognised at the time as being a risk to patients or
visitors by ward staff. The cause of death was 1(a) Aspiration of foreign material into the
airway and (2) Micro-infarcts in the brain with leukomalacia caused by cerebral
arteriolosclerosis.

4 | CIRCUMSTANCES OF THE DEATH

Michael Dundon died due to asphyxiation on safety gel liquid absorbing crystals. He
had access to the liquid absorbing crystals as they had been placed in unused urine
bottles in his room. The manufacturer's guidance states that safety gel sachets should
be placed in urine bottles prior to use. The safety gel was not recognised as a risk to
patients or visitors by staff on the ward.

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) | understand that liquid absorbing crystals in sachet form are used throughout NHS ___|

-

England. The crystals are a nationally recognised product available from the NHS
supply chain and used nationwide. There are variations in practice regarding the use of
the gel sachets.

(2) The liquid absorbing crystals are a dry granule that quickly dissolve to absorb liquid.
The sachet is placed into a urinal bottle, bed pan or vomit bowl to ensure a swift
absorption of unwanted liquids. The sachet opens on contact with a liquid and the
granules quickly absorb up to 4.2 litres of hazardous/unwanted liquid. A manageable
dwell is formed to be safely disposed of which reduces the risk of infections and spillage.
In the original form the sachets could be mistaken for salt or sugar.

(3) The crystals had been pre-inserted into two empty urine bottles in the deceased’s
room. The staff did not recognise that such sachets could be hazardous when left in this
way. The deceased was able, whilst unsupervised, to swallow crystals, causing a
cardiorespiratory arrest and death.

(4) The risks associated with the use of these crystals may not be fully understood.

(5) The manufacturer of the product has been informed and the packaging has already
been changed and a display poster has been produced for display in relevant clinical
areas.

(6) All relevant staff throughout the country need to be made aware as to the harm to a
person if the crystals are ingested, and an appropriate risk assessment should be
carried out.

(7) | request that the Secretary of State bring this to the attention of all NHS Trusts so
that risk assessments, staff awareness and training can be carried out.

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 Tuesday 48" October 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:

ei Officer of the Leeds Teaching Hospitals NHS Trust

Department of Corporate Services Division, Leeds Teaching Hospitals
NHS Trust Headquarters, St James's University Hospital, Beckett Street, Leeds, LS9
TTF

I have also sent it to () who may find it useful or of interest.

| am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both ina 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 | Date 23 August 2016 [SIGNED BY CORONER] | ‘ Ai we e /
lL

Responses

1 response 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 Department of Health (PDF)
we Philip Dunne MP
Minister of State for Health

Department
of Health richmond Mouse
79 Whitehall
London
SWIA 2NS
Tel: 020 7210 4850

David Hinchliff

HM Senior Coroner — West Yorkshire (Eastern)

Coroner’s Office and Court

71 Northgate £3 MAR 2017
Wakefield

WFI 3BS

Thank you for your letter of 23 August 2016 to Secretary of State about the death
of Michael Dundon. I am responding as the Minister with responsibility for patient
safety at the Department of Health.

I was saddened to read of the circumstances surrounding Mr Dundon’s death.
Please pass my condolences to his family and loved ones.

I would also like to apologise for the delay in responding. I am advised that
Departmental officials sought further information about the nature of the product to
help with their enquiries and I am grateful to you for facilitating this.

The Department has liaised with a number of agencies to ascertain where
responsibility lies for determining the most appropriate response to your concerns,

As you may know, as of 1 April 2016, patient safety transferred from NHS
England and is now part of NHS Improvement. NHS Improvement provides a
leadership role for patient safety in the NHS in England and provides advice and
guidance, including through patient safety alerts, to support all providers of NHS-
funded care to identify, understand and manage risks to the safety of patients.

The Department approached NHS Improvement for its advice on 23 January. NHS
Improvement recognises and shares your concerns that the sachets of solidifying
crystals used widely within the NHS in human waste receptacles can present a
choking hazard if put in the mouth by patients.

I am advised that since becoming aware of the findings of the inquest into Mr
Dundon’s death, NHS Improvement’s Patient Safety Team has been working to
identify an effective method of risk reduction.

This work will include consideration of a warning to staff of the risk presented and
the need for risk assessment as you recommend. However, I am advised that initial
considerations by NHS Improvement, are that any such warning would have a
limited effect, as a high proportion of hospital inpatients have some degree of
cognitive or visual impairment, and confused patients might typically pick up urine
bottles or other receptacles from other patients.

NHS Improvement has further advised that any blanket restriction on their use
potentially also risks patient harm through making handling and disposal of bodily
fluids more difficult, with an impact on infection control procedures, as well as
affecting patient comfort and dignity.

A further consideration is that the use of the sachets appears very widespread,
including outside hospital settings. For example, to aid safe disposal of vomit or
urine spills in a variety of settings such as nurseries, nightclubs and police cells.
Although the manufacturers of these products label them with clear instructions
that they are dangerous if put in the mouth, small children, or people who might be
under the influence of drugs or alcohol might not read or understand such
warnings. NHS Improvement will follow up this angle with the Health and Safety
Executive (HSE).

Finally, NHS Improvement is exploring whether a safe alternative or alternative
ways of using the solidifying crystals that would mean reduced risk without a loss
of the benefits they bring to infection control and patient comfort, exists.

Once NHS Improvement has identified the most effective way of managing the
choking hazard while ensuring infection control benefits can be maintained, it
intends to notify providers of NHS-funded care. NHS Improvement will liaise with
the Care Quality Commission to ensure that any advice or guidance is also
distributed to care homes and hospices.

I would add that the Secretary of State for Health announced a package of
measures in December 2016 to improve the way Trusts and Foundation Trusts
identify and learn from deaths of patients in their care. This includes a requirement
for trusts to collect a range of specified information on deaths that were potentially
avoidable and serious incidents and consider what lessons need to be learned ona
regular basis,

cd

Department
of Health

T hope this information is helpful. NHS Improvement has undertaken to update you
as it takes this matter forward and I have asked that my officials are kept informed
of developments. Thank you for bringing the circumstances of Mr Dundon’s death

to our attention.
foes fu )

PHILIP DUNNE

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