Prevention of Future Deaths reports · 2018

Bethany Shipsey

Regulation 28 report to prevent future deaths, reference 2018-0049, written 15 Feb 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Feb 2018
Reference2018-0049
DeceasedBethany Shipsey
CoronerGeraint Williams
Coroner areaWorcestershire
CategoryAlcohol, drug and medication related deaths · Mental Health related deaths
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.

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. Secretary of State For Health
3
CORONER

| am Geraint Urias Williams, Senior Coroner, for the coroner area of Worcestershire

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.

INVESTIGATION and INQUEST

| On 16" February 2017 | commenced an investigation into the death of Bethany Victory
SHIPSEY then aged 21

The investigation concluded at the end of the inquest on 14" February 2018.

The conclusion of the inquest was narrative (attached), the medical cause of death
being Dinitropheno! poisoning
4 | CIRCUMSTANCES OF THE DEATH
j
Bethany Shipsey was a young woman with significant mental health difficulties who, on

15 February 2017, died as the result of suicide having deliberately ingested a quantity of
tablets containing the drug Dinitropheno! which she had purchased over the internet

She did so intending to take her own life and was admitted into the Worcestershire
Royal Hospital at approximately 5:30 PM on that day.

The clinicians having care of her recognised the extreme toxicity of the drug, the lack of
antidote, the risk of rapid deterioration and the need for close monitoring of her condition
with a view to providing supportive treatment.

Notwithstanding this the clinicians failed to take sufficient or adequate steps to monitor
her leaving them unprepared to deal with the rapid deterioration which ensued.

There were significant failings in the care given to her which amounted to a lost
Opportunity to provide supportive treatment which although probably would not have
Saved or prolonged her life may nevertheless have done so,

: INC

During the course of the inquest the evidence revealed matters Giving rise to concem, In
my opinion there is @ risk that future deaths will occur unless action is taken. In the
circumstances it is my statutory duty to report to

The MATTERS OF CONCERN are as follows. -

(1) : The inquest heard evidence from Prof Simon Thomas, the national clinical tead for
Toxbase and an acknowledged expert in dintrophenol toxicity. His unchallenged
evidence was that DNP is extremely toxic, with no known antidote and that itis
becoming increasingly popular with young people as a “diet pill" and is freely available
via the Internet. gave evidence to the effect that this drug is likely to cause
t steps are taken to make It illegal to possess, sell or

further fatalities
supply the drug, Given the tragic death of Ms Shipsey in the circumstances outlined
above | invite the Secretary of State for Health to consider introducing legislation to |
make illegal the possession and supply of DNP-

(2)
(3)
6 | 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.

7] YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by 12" Apri! 2018 |, 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

| have to the Chief Coroner and to the following Interested
Peroone ane, Executive Worcestershire Acute Hospitals Trust,
Chief Executive Worcestershire Health and Care NHS Trust

| |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.

Signed a. A ;

GU Williams 15th day of February 2018
H M Senior Coroner

2

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)
Ree From Steve Brine MP

Parliamentary Under Secretary of State for Public Health and Primary Care

Department
of Health 8 ot ondon
SW1H OEU
020 7210 4850
Our reference: PFD 1120118
Mr Geraint Urias Williams
HM Senior Coroner Worcestershire
Worcestershire Coroner Service
The Civic
Martins Way
Stourport-on-Severn DY13 8UN
24 APR 2018

Thank you for your letter of 15 February to the Secretary of State about the death of
Ms Bethany Shipsey. I am responding as Minister with responsibility for health
protection and I am grateful for the additional time in which to do so.

I was extremely saddened to read of the circumstances surrounding Ms Shipsey’s
death. Please pass my condolences to her family and loved ones. I can only imagine
how difficult a time this must be for them.

I note the conclusion of your Report that Ms Shipsey died following the ingestion of
2,4 dinitropheno! (DNP) and that you wish the Department to consider introducing
legislation to make illegal the possession and supply of DNP.

I would like to assure you that we acknowledge this is an extremely important issue
and I share your concerns at the toxicity of this substance and its availability to those
who may seek to misuse it as a body building or weight loss aide.

I would also like to make clear that it is illegal to sell DNP for human consumption.
DNP is a chemical compound that has legitimate uses within industry (for example,
as a pesticide) but is extremely toxic and is not recommended for human
consumption with severe side effects including nausea, vomiting, restlessness,
sweating, dizziness, headaches, rapid respiration and irregular heartbeat, possibly
leading to coma and death.

There is currently no regulation or licencing requirement to possess DNP, nor is there
any offence of purchasing it. 1 am advised the Home Office has no plans to control
the substance under the Misuse of Drugs Act 1971.

As DNP has no medicinal or health benefit, if it sold for haman consumption it
becomes by default a food and is dealt with as a dangerous food under the Food
Safety Act 1990. The lead for DNP therefore falls to the Food Standards Agency (the
FSA).

While diet pills and supplements are not typically regarded to be medicines, a product
which is intended to treat an adverse medical condition such as obesity is likely to fall
within the definition of a medicinal product and would be a matter for the Medicines
and Healthcare Products Regulatory Agency (the MHRA).

Both agencies are aware of the dangers posed by this substance when used for human
consumption. It might be helpful if 1 explain some of the measures taken to eliminate
the misuse of DNP and ensure that information is available to both health
professionals and members of the public highlighting the dangers.

The FSA’s National Food Crime Unit (NFCU) has responsibility for tackling the
marketing and sale of DNP in the UK and protecting the public in this area is one of
the NFCU’s highest priorities and will continue to be so.

The NFCU has taken a number of actions including:

e Operation Broguish. Launched in April 2015 to target the illegal sale of DNP
for human consumption. The NFCU established an ongoing programme of
submitting ‘abuse complaints’ to domain registrars under international web
usage agreements. By March 2017, 31 abuse complaints had been submitted
with 21 domain names suspended as a result. The NFCU proactively engaged
with Alibaba.com, which hosts multiple sellers of DNP, to highlight the
presence of sellers providing DNP for human consumption — the website now
regularly removes such listings;

e Operation Sycamore. Work to raise awareness among local authorities and law
enforcement partners, and opening channels of communication and intelligence
sharing with organisations such as UK Anti-Doping, Post Office Investigations
and Royal Mail Investigations which will enhance the UK’s response to any
future DNP issues. Closer working with the Border Force and police on
importations of DNP that could lead to misuse; and

e Working with enforcement agencies to bring to justice sellers of DNP for
human consumption.

Department
of Health
I hope you will be encouraged by the actions of the NFCU. I am assured that the

NFCU recognises there is more to do and resources continue to be directed at this
issue.

More widely, to raise awareness among the public and potential users of this
substance, the FSA has run a communications campaign ‘#dnpkills’ since 2015
which has attracted support from a Radio 1 DJ and band Primal Scream, as well as an
eating disorder charity (B-Eat).

You will be further interested to know that the National Poisons Information Service
(NPIS), commissioned by Public Health England (PHE), monitors the enquiries
received through TOXBASE (the database by which health practitioners find
information on toxins) and by telephone on DNP poisonings.

Where there has been a notable increase in the number of cases through this data, the
FSA and PHE have taken action. For example, in 2013the FSA issued warnings about
DNP and PHE put out a news story supporting the FSA warnings. In addition,
educational work was carried out targeting places where DNP might be sold, or
promoted, such as gyms. Also in 2013, the chief medical officers wrote to GPs and
emergency departments to raise awareness of DNP and its hazards.

Following a further increase in cases in 2015, again warnings were issued and
measures taken to increase awareness, and I am advised an associated fall in calls and
access to TOXBASE was seen.

I believe that together these actions have, and will continue to have, an impact on the
inappropriate use of this substance. I am assured that the NPIS will continue to
actively monitor enquiries relating to DNP and that the FSA, NFCU and PHE will
continue to consider what further actions could be taken to tackle this issue.

Thank you for bringing the circumstances of Ms Bethany Shipsey’s death to my
attention. I hope that you find this information helpful.

As agreed, I am copying this response to Robin Walker MP, who has made
representations on this matter to the Department of Health and Social Care.

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