Prevention of Future Deaths reports · 2020

Zachary Johnson

Regulation 28 report to prevent future deaths, reference 2020-0035, written 18 Feb 2020. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report18 Feb 2020
Reference2020-0035
DeceasedZachary Johnson
CoronerJoanne Lees
Coroner areaBlack Country
CategoryChild Death (from 2015) · Hospital Death (Clinical Procedures and medical management) related deaths
Organisation namedWalsall Healthcare NHS Trust
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

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

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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Walsall Healthcare NHS Trust 

CORONER 
I am Mrs Joanne Lees, Area Coroner, The Black Country Jurisdiction 

CORONER’S LEGAL POWERS 

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. 

INVESTIGATION and INQUEST 

On 26/10/2016 I commenced an investigation into the death of Zachary James Johnson 
who died on the 16th October 2016.  

The investigation concluded at the end of an inquest on the 6th February 2020. 

The inquest concluded with a narrative conclusion as follows: 

Zachary Johnson was born in a birthing pool at approximately 21:05 on 15/10/16.  
During the second stage of labour he did not receive a sufficient supply of oxygen and 
was not breathing when he was born.  He was taken to a resuscitaire before he was 
transferred by ambulance to hospital where he began to breathe shortly after 9.30 pm.  
Sadly, once resuscitated, his vital signs were not compatible with life and he passed 
away in the early hours of 16/10/16. During the second stage of labour, Zachary’s foetal 
heartbeat was not adequately monitored at 5 minute intervals in accordance with NICE 
or Trust guidelines.  During this second stage of labour Zachary’s mother remained in 
the birthing pool and the lack of a working waterproof sonicaid prevented the 
auscultation of the foetal heartrate for a period of approximately 38 minutes before his 
birth.  Zachary was taken immediately to a resuscitaire which was not working properly 
requiring inflation breaths to be administered manually using a bag and mask before 
chest compressions could begin.    During resuscitation the ratio of inflation breaths to 
chest compressions was incorrect and not in accordance with Resuscitation guidelines 
and there was a period of time where no chest compressions were performed.  
Zachary’s airway management was not continued during the transfer from the 
ambulance into the hospital.  Zachary died from a lack of oxygen during labour.  His 
death was contributed by neglect.   

The Medical Cause of Death was: 

1a) Intrapartum Hypoxia. 

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CIRCUMSTANCES OF THE DEATH 

i) 

ii) 

On the 15th October 2016, Zachary’s mother went into labour was 
admitted to the Midwifery Led Maternity Unit at Charles Street Walsall. 

The mother went into 2nd stage labour at approximately 8.27 pm in a 
birthing pool and at this time there was no working waterproof sonicaid in 
her room.  The foetal heartrate was unable to be auscultated for a period 
of approximately 38 minutes by the time Zachary was born at 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 iii) 

iv) 

v) 

vi) 

vii) 

approximately 9.05 pm by spontaneous vaginal delivery and he was floppy 
and unresponsive. 

Zachary was taken swiftly to the resuscitative  for resuscitation. There was 
a problem with the resuscitative and oxygen flow resulting in the need to 
use a bag and mask but it cannot be said whether this was mechanical or 
otherwise.  

Resuscitation was incorrectly administered and not in accordance with the 
resuscitation guidelines the ratio of inflation breaths to CC should have 
been 3:1 instead of 15:1. In addition there was a period where no chest 
compressions were being carried out immediately prior to the arrival of a 
3rd midwife.  

Having been taken to hospital there was a period where Zachary’s airway 
was not managed during the transfer from the ambulance to the hospital. 

Resuscitation continued in the hospital with chest compressions and 
ventilation breaths at the correct rate of 3:1 and a heart rate was detected 
at about 9.34 pm and Zachary began to breath shortly afterwards.  

Subsequent investigations revealed signs incompatible with life after a 
total period of approximately 30 minutes without a cardiac output and 
Zachary passed away in the early hours of the following morning 
16/10/16.   

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CORONER’S CONCERNS 

During 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)  During the course of the inquest, I heard evidence that Zachary’s mother was 
permitted to enter a birthing pool to give birth in the known absence of a 
waterproof sonciaid.  The lack of such equipment prevented the auscultation 
of the foetal heart rate.  This was a matter I found causative of Zachary’s 
death.   

(2)  I heard evidence that it was possible to have not permitted the birth mother to 
enter the pool and that it was possible to have removed her from the pool.  I 
also heard evidence from an expert that it was ‘completely unreasonable to 
assume a woman in extreme pain would be able to manoeuvre herself above 
the waterline to enable auscultation with a non-water proof aid’.   

(3)  I also heard in evidence that the Walsall Healthcare NHS Trust had no specific 

policy or directive to prevent birthing mothers entering the birthing pool in the 
absence of the correct equipment and would still offer this as an option even if 
the correct equipment was not available. 

(4)    I heard evidence that a foetal heartrate could not be monitored in the 

absence of the correct equipment to do so, yet birthing mothers in labour at a 

 
 
 
 
 
 
 
 
 
 
 
 
 
 vulnerable time are having the responsibility about a potentially unsafe 
birthing option presented to them.    

(5)  I heard evidence during the inquest that the resuscitation undertaken by the 2 
midwives involved in Zachary’s resuscitation was incorrect and inadequate and 
not  in  accordance  with  the  resuscitation  guidelines.  The  ratio  of  inflation 
breaths  to  CC  should  have  been  3:1  instead  of  15:1  and  there  was  a  period 
where no chest compressions were being carried out immediately prior to the 
arrival of a 3rd midwife. I also heard evidence that having been taken to hospital 
there was a period where Zachary’s airway was not managed during the transfer 
from the ambulance to the hospital.  I found both of these matters causative of 
Zachary’s death.  The inquest heard evidence that the two midwives involved in 
Zachary’s  resuscitation  had  attended  a  non-mandatory  training  course  only  a 
matter of weeks before Zachary’s death which included an update of Newborn 
Life Support (NBLS).  

(6)   I also heard evidence that most  midwives will go through their whole career 
without  experiencing  a  situation  requiring  new  born  resuscitation.    I  heard 
evidence that the mandatory training on NBLS was valid for 4 years and whilst 
the  Walsall  Healthcare  NHS  Trust  had  provided  annual  refresher  training  this 
was  not  guaranteed  to  continue.    My  concern  is  that  there  is  insufficient 
frequent mandatory refresher training in new born life support skills.   

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ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you and/or  
your organisation have the power to take such action. 

The Trust may wish to consider implementing a policy of disallowing women in labour 
from entering the birthing pool in the absence of any working waterproof foetal heart 
monitoring equipment.  Such policy may provide for the deflation of the birthing pool in 
the absence of such equipment.  

The Trust may also wish to consider implementing annual mandatory refresher training 
for all nursing and midwives involved in Maternity care both in hospital (to include the 
MLU and delivery suite) and in the community.   

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by 20/4/20.  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. 

COPIES and PUBLICATION 

I  have  sent  a  copy  of  my  report  to  the  Chief  Coroner  and  to  the  following  Interested 
Persons via their legal representatives

& 

I have also sent a copy of my report to the Nursing & Midwifery Council (NMC) and the 
Resuscitation Council (UK).   

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

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 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 

Mrs Joanne M. Lees 
Area Coroner 
The Black Country Jurisdiction 
18/2/20

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