Prevention of Future Deaths reports · 2019

Thelma Joyce

Regulation 28 report to prevent future deaths, reference 2019-0500, written 20 Aug 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report20 Aug 2019
Reference2019-0500
DeceasedThelma Joyce
CoronerDarren Salter
Coroner areaOxfordshire
CategoryHospital Death (Clinical Procedures and medical management) 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
THIS REPORT IS BEING SENT TO:

1. Mr Simon Stevens, Chief Executive Officer, NHS England, PO Box
16738, Redditch, B97 9PT

CORONER

lam Mr D M Salter, HM Senior Coroner for Oxfordshire.

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

| conducted an inquest on 6 August 2019 at Oxford Coroners Court into the death
of Thelma Joyce at the Churchill Hospital, Oxford on 14 February 2019. | gave a
brief Narrative Conclusion as follows:

‘Thelma Joyce underwent necessary chemotherapy in January 2019 for gall
bladder cancer but died due to toxicity and side effects caused by the
chemotherapy drug, Capecitabine, and a DPD deficiency making her more
vulnerable to severe side effects.’

Oxford University Hospitals NHS Trust (OUH) were represented at the inquest and
Consultant Medical Oncologist, provided helpful oral evidence. |
attach a copy of her witness statement dated 5 June 2019.

Mrs Joyce’s family also attended the inquest. The main issue which they raised
concerned the perceived failure to test Mrs Joyce for DPD deficiency prior to
commencing chemotherapy. | received evidence that it was not routine to test
patients who are due to receive the chemotherapy drugs Capecitabine and 5FU for
DPD deficiency mainly because of the absence of a reliable test. However, | also
received evidence that, with new technology and developments, there is now a
reliable test. Indeed, OUH Trust now have a two-year pilot to test such patients. |
attach a copy of my letter to OUH about this for your information.

CIRCUMSTANCES OF THE DEATH

Mrs Joyce commenced chemotherapy on 25 January 2019 but had a very severe
reaction which led to her being admitted to the Churchill Hospital on 31 January
and dying on i4 February despite treatment.

The cause of death following post mortem was as follows:

la Pneumonia
| b Chemotherapy Toxicity
| c Gall Bladder Cancer

She was subsequenily found to have a DPD deficiency. HB s2ic if tne results
of the DPD tesi had been known beforehand she would not have commenced Mrs
Joyce on the chemotherapy because the risk was too great. |t is noted frorn
paragraph 5 of the sialement that a person with oartial DPD deficiency will have
low or very low leveis of the enzyme. If patients with DPD deficiency receive ihe
chemotherapy drug Capecitabine, then there is a risk the drug will not be eliminated
completely and thai the levels of the drug in the blood stream will be higher than
normal and this can result in side effecis which can be more severe than usual. li
is also noted that DPD deficiency can affect between 3-5% of people which is not
an insignificant number. (| appreciate that up to 20% of neonle do nave severe side
effects from Capecitabine and 5FU ard not all are DPD deficient).

CORONER’S CONCERNS

During the course of the Inquest the evidence revealed matters giving rise to
concerns. 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 make this report to you.

The MATTER OF CONCERN therefore is in relation to the possible need for
updated guidance in respect of testing for DPD deficiency for patients due to
embark on Capecilabine and 5FU chemotherapy.

It is reassuring that OUH NHS Trust have a two-year pilot in place to test for DPD
deficiency. As far as | understand it, there are as yet no national guidelines or
approved tests in respect of DPD deficiency. If it is the case that new technology
and developments mean there is now a reliable test, | enquire if there should be
guidelines issued concerning the use of a routine test.

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. | may extend the period on request.

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

| confirm that a copy of this report and your response will be sent to Mrs Joyce’s
family.

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 Date

AG a
7D: Salter ee] lig

HM Senior Coroner for Oxfordshire

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 NHS England (PDF)
Mr D.M. Salter         
Oxfordshire Coroner’s Office 
The Oxford Register Office 
2nd Floor 
1 Tidmarsh Lane 
Oxford 
OX1 1NS  

                                   Professor Stephen Powis 
                                   National Medical Director 
                                                   Skipton House 
                                                80 London Road 
                                                             SE1 6LH 

                                            31st  January  2020 

Dear Mr Salter, 

Re: Regulation 28 Report to Prevent Future Deaths – pneumonia due to 
chemotherapy toxicity in consequence to gall bladder cancer (14 February 2019)  

Thank you for your Regulation 28 Report dated 20 August 2019 concerning the death of 
Thelma Joyce on 14 February 2019. Firstly, I would like to express my deep condolences 
to Mrs Joyce’s family.  

The regulation 28 report concludes Thelma Joyce’s death was a result of pneumonia due 
to chemotherapy toxicity in consequence to gall bladder cancer.  

Following the inquest you raised concerns in your Regulation 28 Report to NHS England 
regarding the possible need for updated guidance in respect of testing for 
dihydropyrimidine dehydrogenase (DPD) deficiency for patients due to embark on 
capecitabine or 5FU chemotherapy.  

Gall bladder cancer is a rare cancer and in the UK there are around 1,000 new cases 
diagnosed each year. Where diagnosed at an early stage, surgical removal is the preferred 
treatment and offers the potential of cure or long-term survival. In some cases, surgery is 
supplemented with either chemotherapy or radiotherapy treatment. Where chemotherapy 
is used, the medicines used are typically off label, i.e., licensed for another condition. This 
is the case for both capecitabine and 5FU.  

Where using off label medicines, Trusts are required to consider and agree internal 
governance arrangements prior to treating patients. Both Trusts and individual prescribers 
are also expected to have and adhere to policies relating to the safe prescribing and 
monitoring of off-label licensed medications, including compliance with MHRA safety alerts. 
written evidence sets out that the risks of treatment were explained 
In this case, 
and that Mrs Joyce received written material produced by Macmillan about capecitabine.    

More broadly, both capecitabine and 5FU belong to a group of chemotherapy medicines 
known as fluoropyrimidines. These medicines are known to present increased risks for 
patients that have either a complete or partial DPD deficiency and, although very rare, 
such complications can be fatal. While a complete deficiency is extremely rare and is 
usually diagnosed in childhood, it is thought that between 2 and 8 in every 100 people have 
a partial deficiency (Cancer Research UK).   

NHS England and NHS Improvement 

 
 
 
 
 
 
 
 
 
 
 
 
   
 
                                                  
 In relation to the matter of concern raised, evidence as to the adequacy of DPD testing has 
hitherto been far from compelling, which is alluded to in your report. Underlining this, the 
European Medicines Agency (EMA) in March 2019 began a review of the evidence for 
testing and use of these medicines under Article 31 of Directive 2001/83/EC. Ultimately, 
the review may result in changes to marketing authorisations of the relevant medicines 
which would be mandatory. While these medicines are unlicensed for use in gall bladder 
cancer, it would be normal practice for marketing authorisation requirements, such as for 
testing and patient monitoring, to also apply to off label uses and would be managed 
through Trust arrangements for off label medicines. The EMA review is not yet complete.  

In England, the NHS Long Term Plan sets out the ambition and commitment to establish a 
genomics service providing access to cutting edge genomic technologies which will help to 
pave the way for wider advances, particularly in relation to personalised medicine. The 
introduction of an effective testing strategy for DPD deficiency, to better tailor treatment 
decisions to individual patients, is a clear example of this. To that end, I can confirm that 
work to review the evidence for DPD testing is underway within NHS England and NHS 
Improvement, with a view to reaching a decision about whether to routinely commission 
DPD testing and include the testing within the National Genomic Test Directory. A decision 
is expected to be made by April 2020 and, if approved, will be supported with a plan for 
implementation in order to achieve equitable access to testing across England.  

Alongside this, steps have been taken to ensure a supply of a medicine called uridine 
triacetate within England. The medicine can sometimes reverse the complications of 
serious toxicity following exposure to fluoropyrimidines, when it is administered within 96 
hours of exposure. The treatment is not currently licensed in the UK or Europe and has 
not, until recently, been readily available outside North America. An urgent policy 
statement, setting out NHS England and NHS Improvement’s commissioning 
arrangements for this medicine is expected to be published in March 2020.      

In line with our normal practices, both the updated Test Directory and the urgent policy 
statement will be published on NHS England and NHS Improvement’s website and Trusts 
will receive written notification of changes. 

Thank you for bringing this important patient safety issue to my attention and please do not 
hesitate to contact me should you need any further information. 

Yours sincerely, 

Professor Stephen Powis 
National Medical Director   
NHS England and NHS Improvement  

NHS England and NHS Improvement

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