Prevention of Future Deaths reports · 2021

Gary Day

Regulation 28 report to prevent future deaths, reference 2021-0107, written 13 Apr 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Apr 2021
Reference2021-0107
DeceasedGary Day
CoronerEdwin Buckett
Coroner areaInner North London
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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

Regulation 28:  Prevention of Future Deaths report 

Gary Day (died 16.12.2020) 

THIS REPORT IS BEING SENT TO: 

Medical Director 
Moorfields Eye Hospital NHS Foundation Trust 
162 City Road 
London  
EC1V 2PD 

1 

CORONER 

I am:   Edwin Buckett 
           Assistant Coroner  
           Inner North London 
           Poplar Coroner’s Court 
           127 Poplar High Street 
           London  E14 0AE 

2 

CORONER’S LEGAL POWERS 

I make this report under the Coroners and Justice Act 2009,  
paragraph 7, Schedule 5, and  
The Coroners (Investigations) Regulations 2013, 
regulations 28 and 29. 

3 

INVESTIGATION and INQUEST 

On  the  24th  December,  2020  Senior  Coroner  Hassell  began  an 
investigation into the death of Gary Day who died aged 57, on the 16th 
December,  2020  at  the  Royal  London  Hospital,  Whitechapel  Road, 
London, E1. 

The investigation concluded at the end of the inquest on 12th April, 2021 
conducted by myself, Assistant Coroner Edwin Buckett. 

I made a determination at inquest that the deceased died as a result of 
air embolism which was caused by an elective endoresection operation 
and/or  associated  operative  treatment  carried  out  at  Moorfields  Eye 
Hospital on the 15th December, 2020. 

4 

CIRCUMSTANCES OF THE DEATH 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Gary Day has a choroidal melanoma of the left eye. After discussing his 
treatment options with clinicians at Moorfields Eye Hospital, he elected 
to have that melanoma removed by an endoresection procedure at the 
hospital. 

On the 15th December, 2020 the operation, which took around 3 hours, 
was  completed  at  about  4pm.  Pressurised  air  was  not  used  in  the 
operation. Heavy oil was used as a means of attaching the retina. 

Thereafter,  Mr  Day  left  the  hospital  at  around  7.15pm,  walking  to  a 
waiting taxi which took him home. 

Later that evening, he became unwell. Between 9-10pm, he was taken 
by ambulance to the Royal London Hospital and admitted to the critical 
care unit. 

Whilst  in  hospital  a  CT  pulmonary  angiogram  was  reviewed  by  a 
Consultant  Radiologist  which  was  suggestive  of  a  large  volume  of  air 
embolus. 

Mr Day became severely unwell and died at about 10.50am on the 16th 
December, 2020, some 19 hours after the operation. 

The post mortem examination of Mr Day concluded that his death was 
caused  by  air  embolus  which  in  turn  had  been  caused  by  the 
endoresection operation. 

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.  

Evidence was given by medical staff at Moorfields Eye Hospital that: 

1.  Mr Day was not informed that there was any risk of death from the 
surgery  he  elected  to  have,  even  though  there  is  a  risk  of  air 
embolus, and therefore death, from this procedure. The Consent 
Form he signed did not make any reference to a risk of death; 

2.  There  was  no  check  carried  out  for  air  embolus  after  the 

operation; 

3.  There was confusion between medical staff as to whether or not 
Mr Day was to be kept in for an over-night stay in hospital. As it 
turned out, he was not advised to stay in hospital over-night and 

2 

 
 
 
 
 
 
 
 
 
 
 was allowed to leave 3 hours after the operation had concluded. 
This meant that when he was taken to the Royal London Hospital 
on the evening of the 15th December, 2020 clinical staff in hospital 
did not have immediate access to any medical notes concerning 
his earlier procedure. 

I am concerned that: 

(a) Any patient who elects to have an endoresection operation of an 
choroidal melanoma faces a risk (however small) of air embolism 
and  therefore  death.  This  must  be  made  clear  to  all  patients 
undergoing such a procedure; 

(b) There  ought  to  be  some  check/investigation  post  operation  to 
determine (or to try and determine as best possible) whether air 
may  have  entered  the  blood  stream  during  the  operative 
procedure; 

(c) Patients undergoing this operation (which normally lasts between 
2-3 hours) should be advised to stay in hospital as an in-patient 
for at  least 24 hours, which  would  enable  careful  and extended 
monitoring of their condition and a swift and informed transfer, if 
necessary,  to  an  acute  care  unit  of  a  hospital  in  the  event  of  a 
deterioration in their condition.  

6 

ACTION SHOULD BE TAKEN 

In  my  opinion,  action  should  be  taken  to  prevent  future  deaths  and  I 
believe that you and/or your organisation 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 June 2021.  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 following. 

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   HHJ Thomas Teague QC, the Chief Coroner of England & Wales 

 

, on behalf of the family of Gary Day 

I am 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 

DATE     13.4.2021                                         SIGNED BY ASSISTANT 
CORONER  
Edwin Buckett 

4

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 Moorfields Eye Hospital NHS Foundation Trust (PDF)
Edwin Buckett 
Assistant Coroner 
Inner North London 
Poplar Coroner’s Court 
127 Poplar High Street 
London E14 0AE 

11 June 2021 

Dear Mr Buckett 

Regulation 28 Prevention of Future Deaths (PFD) report:  

Gary Day (died 16 December 2020) 

I am writing in response to the PFD report that you issued on 13 April 2021, 
following your investigation into the death of Mr Gary Day from an air embolism.  
This followed a surgical procedure (endoresection of a choroidal melanoma) 
undertaken on 15 December 2020 at Moorfields Eye Hospital. We have 
completed our internal investigation and have shared the report with 

 next of kin, and her family.  

Our investigation identified a number of opportunities for improvement and 
shared learning; implementation of the agreed actions will be closely monitored 
via our internal governance processes. We have also shared our completed 
investigation report with the Care Quality Commission and our lead 
commissioner and commissioning support unit. 

Our internal investigation considered potential air sources as possible, or likely 
sources of air entry, based on precautions taken and/or the volume of air 
present. However, it was not possible to conclude exactly how air was able to 
enter the patient’s circulatory system. It is confirmed, because of the existence of 
the recording of the procedure, that air did not enter the patient’s circulation 

 
 
 
 
 
 
 
 
 visibly via the eye, as this would have been observed as a significant volume of 
air bubbles.  However, only occasional small singular bubbles were seen either 
during surgery, or on subsequent review of a recording of the procedure.  

There are four explanations for the subsequent development of air embolus that 
have not been excluded or considered in detail as a possibility during the course 
of this investigation. Further consideration of these possibilities is warranted, but 
this will be done as part of a larger piece of research that considers the 
worldwide prevalence of similar cases. The four possible causes of air embolus 
have been identified as: 

  Heavy liquid; 
  Heavy liquid interaction with another substance (e.g. silicone oil); 
  Patient physical or medical conditions that makes a patient more or less 

disposed to the risk of air embolus; and   

  A previously unrecognised source. 

Following careful consideration of your concerns, in light of our investigation 
findings and consideration of information shared by endoresection surgeons 
from around the world, our responses are set out below: 

Concern (a) 

Any patient who elects to have an endoresection operation of a choroidal 
melanoma faces a risk (however small) of air embolism and therefore death. 
This must be made clear to all patients undergoing such a procedure. 

Trust response 

As we have been unable to establish the cause of the air embolus, the trust has 
elected to not undertake further procedures of this nature. We acknowledge your 
concern and if this procedure is performed at any time in the future we will 
ensure that patients are informed of the associated risk of death.   

Concern (b) 

There ought to be some check/investigation post operation to determine (or to try 
and determine as best possible) whether air may have entered the blood stream 
during the operative procedure. 

Trust response 

The trust does not have the facilities to undertake the enhanced level of 
monitoring that patients undergoing this procedure would require. As we have 
been unable to establish the cause of the air embolus, the trust has elected to 
not undertake further procedures of this nature. We acknowledge your concern 

 
 
 
 
 
 and if this procedure is performed at any time in the future we will ensure that it 
is undertaken in a facility that can provide the post-operative monitoring and 
intensive care support required.  

Concern (c) 

Patients undergoing this operation (which normally lasts between 2-3 hours) 
should be advised to stay in hospital as an in-patient for at least 24 hours, which 
would enable careful and extended monitoring of their condition and a swift and 
informed transfer, if necessary, to an acute care unit of a hospital in the event of 
a deterioration in their condition. 

Trust response 

As described above, the trust does not have the facilities to undertake the 
enhanced level of monitoring that patient’s undergoing this procedure would 
require. As we have been unable to establish the cause of the air embolus, the 
trust has elected to not undertake further procedures of this nature. We 
acknowledge your concern and if this procedure is performed at any time in the 
future we will ensure that it is undertaken in a facility that can provide the post-
operative monitoring and intensive care support required.  

I hope this response is satisfactory and we would be happy to answer any further 
queries. 

Yours sincerely, 

Consultant vitreoretinal surgeon 

Medical director

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