Prevention of Future Deaths reports · 2018

Margaret Clark

Regulation 28 report to prevent future deaths, reference 2018-0050, written 10 Feb 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report10 Feb 2018
Reference2018-0050
DeceasedMargaret Clark
CoronerSimon Jones
Coroner areaLancashire & Blackburn with Darwen
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedBlackpool Teaching Hospitals NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

for Lancashire & Blackburn with Darwen 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:  M H R A 

1 

CORONER 

I am Simon Jones Assistant Coroner ,  for Lancashire & Blackburn with Darwen 
CORONER’S LEGAL POWERS 

2 

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. 
http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 
http://www.legislation.gov.uk/uksi/2013/1629/part/7/made 

3 

INVESTIGATION and INQUEST 

On 6th November 2017 I commenced an investigation into the death of Margaret Elizabeth Clark 
aged 75. The investigation concluded at the end of the inquest on 6th February 2018. The 
conclusion of the inquest was that Margaret Elizabeth Clark died from a rare but recognised 
complication of surgery.   

4 

CIRCUMSTANCES OF THE DEATH 
Margaret Elizabeth Clark suffered an oesophageal tear in the course of a transoesophageal 
echocardiogram [“TOE”] carried out at Blackpool Victoria Hospital on the 9th May 2017. She was 
transferred to Royal Preston Hospital, where the tear was repaired, but she died of sepsis which 
developed as a result of the tear, on the 12th August 2017. 

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.  – 

I was told that in 2017 the types of probes used for TOEs were changed, to a design which 
required covering with a sheath. Using that sheath, three fatal oesophageal tears had occurred 
in the space of 5 months, involving in each case experienced anaesthetists who had conducted 
TOEs routinely for many years without event. [I was told that there had been one previous 
incident in the preceding 16 years].  The sheaths used – Ecolab Ultracover for TEE – were 
replaced at Blackpool Victoria Hospital with alternative [softer] sheaths – Probetection TOE/TEE 
Transducer Kit. Since the replacement sheaths have been used, there have been no incidents of 
tear. I was told that the Ecolab sheaths may still be used in other hospitals and Trusts.  A 
Serious Incident Investigation Report expressed a concern that the tears may have resulted from 
the use of the Ecolab sheaths, which [it was felt] created more resistance on insertion than had 
been the case before their use. 
(1) I believe you should review the use of the Ecolab sheaths and consider whether they should 
not be replaced in all hospitals and Trusts by the Probetection sheaths. 

Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, Lancashire, PR2 9NB 
Tel 01772 536536    |    Fax 01772 530752 

 
 
 
 
 
      
 
 
 
 
 
 
 
 
 
 
 
 
 
 6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I 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 
12th April 2018. 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 
Valerie Clark [daughter of the deceased] and Blackpool Teaching Hospitals NHS Foundation 
Trust. I have also sent it to Alan Wilson [Senior Coroner for Blackpool] who may find it useful or 
of interest. 

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 

Dated 10/02/2018 

Signature
for Lancashire & Blackburn with Darwen 

Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, Lancashire, PR2 9NB 
Tel 01772 536536    |    Fax 01772 530752

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 Mhra (PDF)
a

Medicines & Healthcare products

: MHRA

Regulating Medicines and Medical Devices.

Regulatory Agency
MHRA
151 Buckingham Palace Road
London
Simon Jones SW1W 982
Assistant Coroner United Kingdom
Coroner's Court, www.gov.uk/mhra
2 Faraday Court,
Faraday Drive,
Fulwood,
Preston,
Lancashire,
PR2 9NB
11 April 2018

Dear Mr Jones
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

Thank you for contacting me and drawing our attention to the circumstances of the death of
Margaret Elizabeth Clark in your Regulation 28 report to prevent future deaths.

You wished to bring this matter to our attention in order that a review into the safety and reliability of
Ecolab sheaths be undertaken with the hope that fatal consequences may be avoided as the MHRA
is responsible for regulating all medicines and medical devices in the UK by ensuring they work and
are acceptably safe.

The MHRA requested and received from the manufacturer details of complaints recorded for this
device. Ecolab sheaths were first placed on the market in 2010. Since then there have been over
425,000 devices sold throughout the EU. Ecolab reported that they had received only 8 complaints;
none of which were serious. The MHRA are aware that not all incidents are reported.

The MHRA performed a review of the adverse incident database, looking for incidents relating to
Ecolab sheaths and found only two reports that relate to TOE probe covers splitting, this includes
the report from Blackpool Victoria Hospital.

The MHRA requested details of the ultrasound systems used in the reported incidents, but the Trust
have not provided this information.

The MHRA are unable to compare “softness” of sheaths on the market and therefore cannot
recommend that Ecolab sheaths are replaced in all hospitals and Trusts by the Probetection
sheaths.

The safety of TOE probe covers will continue to be monitored and appropriate regulatory action to
protect public health will be taken as and when necessary.

| hope that you find this response satisfactory. Thank you for bringing your concerns to my attention.

Yours sincerely

Director of Devices

Teleph
E-mail:

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