Prevention of Future Deaths reports · 2021

Mary Mellor

Regulation 28 report to prevent future deaths, reference 2021-0153, written 12 May 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report12 May 2021
Reference2021-0153
DeceasedMary Mellor
CoronerJason Wells
Coroner areaManchester South
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

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

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS  

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS  

THIS REPORT IS BEING SENT TO:  

, Chief Executive, Medica Reporting Limited, 6th Floor, One Priory Square, 

Hastings.  TN34 1EA  

,  Chief  Executive,  Liverpool  Heart  and  Chest  Hospital,  Thomas 

Drive, L14 3PE  

1   CORONER  

I am Jason Wells, assistant coroner, for the coroner area of Manchester South.  

2   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. 
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  

O 28 September 2020 an investigation was commenced into the death of MARY ANNE 
MELLOR (dob 25 May 1941). The investigation concluded at the end of the inquest on 4 
May 2021.  

The narrative conclusion of the inquest was:  
Mary Mellor died on 25 September 2020 at Stepping Hill Hospital from a ruptured thoracic 
aortic aneurysm caused by a leak from an aortic stent inserted 4 years previously.  

4   CIRCUMSTANCES OF THE DEATH  

(1)  Mary Mellor (MM) was found to have a mega aorta in 2012, for which she underwent 
an aortic valve replacement and replacement of the aortic root/ ascending aorta in 
Manchester.  

(2)  Her disease progressed and in 2016 she underwent staged surgery at Liverpool Heart 
and Chest Hospital (LHCH) with (i) replacement of the aortic arch and placement of 
a  ‘frozen  elephant  trunk’  (FET)  stent  followed  by  (ii)  thoracic  endovascular  aortic 
repair (TEVAR) extension of the FET to seal the stent in the distal aorta.  The surgery 
went well.  

(3)  Thereafter  MM  underwent  annual  surveillance  with  CT  scanning.    Scans  in  2019 
(reported by an external agency, Medica) and 2020 (reported at LHCH) were reported 
as showing ‘no leak’, but in retrospect both showed a distal leak.  3D reconstruction 
was not used to report the scans – had it been, the leak would have been identified 
and  further  management  (elective  surgery  or  conservative  measures)  could  have 
been discussed/ planned.  

(4)  Whilst the evidence suggested that MM may have declined elective surgery, she was 
deprived  of  the  opportunity  to  make  an  informed  decision  and  of  planning  for  the 
future.  

(5)  In September 2021 MM became acutely unwell and died of a ruptured thoracic aortic 
aneurysm, caused by the (unidentified) distal leak from the aortic stent.  Emergency 
surgery would have been associated with significant mortality and morbidity; MM was 
treated palliatively.  

  
  
  
  
  
  
  
  
  
  
  
  
  
  
 1  

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  could  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)  Following a thorough investigation, LHCH recognised that the leak was not identified 
on the CT scans in 2019 and 2020 because 3D reconstruction was not used when 
they  were  reported.    LHCH  have  amended  their  reporting  protocol  for  aortic  stent 
surveillance  accordingly  and  requested  that  Medica,  who  continue  to  report  such 
scans  for  LHCH,  do  the  same.    However,  as  of  date  of  the  inquest,  LHCH  had 
received no response from Medica and could not assure me that Medica are using 
3D reconstruction to report this type of scan and/or intend to do so in future.  

(2)  I am therefore concerned that other patients at LHCH with aortic stents remain at risk 
of  leaks  not  being  identified,  potentially  depriving  them  of  elective  surgical 
management before life threatening complications occur.  

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 7 July 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 Chief Coroner. I have also sent it to the Care Quality 
Commission, 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   DATE: 12 May 2021  

Jason Wells  

Assistant Coroner

Responses

2 responses 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 Liverpool Heart and Chest Hospital (PDF)
Liverpool Heart and Chest Hospital INHS|

NHS Foundation Trust

Thomas Drive
Liverpool
L14 3PE

www.lhch.nhs.uk

STRICTLY PRIVATE AND CONFIDENTIAL

Mr Jason Wells

HM Assistant Coroner for Greater Manchester South
1 Mount Tabor Street

Stockport

SK1 3AG

29 June 2021

Dear Mr J Wells

Re: Mary Anne Mellor (Deceased). Response to Regulation 28: Report to Prevent Future
Deaths to Liverpool Heart and Chest Hospital NHS Foundation Trust

Thank you for your letter dated 12 May 2021 with the enclosed Prevention of Future Death
Report. | am sorry that you have had cause to issue the Regulation 28 due to the evidence
heard at the inquest. We have reviewed the points raised in your letter and set out our response
below.

Your concerns were set out in the Regulation 28 Report as follows:

Following a thorough investigation, LHCH recognised that the leak was not identified on the CT
scans in 2019 and 2020 because 3D reconstruction was not used when they were reported.
LHCH have amended their reporting protocol for aortic stent surveillance accordingly and
requested that Medica, who continue to report such scans for LHCH, do the same. However, as
of date of the inquest, LHCH had received no response from Medica and could not assure me
that Medica are using 3D reconstruction to report this type of scan and/or intend to do so in

future.

Page 1 of 3

Liverpool Heart and Chest Hospital INHS|

NHS Foundation Trust

| am therefore concerned that other patients at LHCH with aortic stents remain at risk of leaks
not being identified, potentially depriving them of elective surgical management before life
threatening complications occur.

Response:
Learning

LHCH has reviewed the relevant patients and for the identified patients it is established that
there have been no further incidents of this nature.

In order to ensure this event does not reoccur, we have written a formal policy which has been
approved and circulated to all relevant clinicians. In it, it states that all images of this nature
must be reported using multi planar view.

Auditing of this policy is scheduled to take place on an annual basis. The results of which will be
presented to the Divisional Governance meetings for review and action as necessary.

Following the Trust’s investigation into this matter, the Trust set up a new clinic which started on
the 18! March 2021 called the Liverpool Cardiovascular Surgery Clinic, into which complex
patients such as Mrs Mellor will be seen. This will ensure a joined-up approach from senior
consultant review by vascular and cardiac surgeons and, where necessary, referral back to
LUHFT for imaging surveillance.

At the inquest, evidence was heard that the Trust was waiting for a response from Medica for
them to confirm that their scans are reported using 3D reconstruction. However, this has been
investigated further and only the individual clinician had been contacted and not the
leadership/executive team at Medica. We therefore wish to apologise for the confusion in
relation to the Trusts contact with Medica. As a learning point from this, the Trust has now
included contact with external partners prior to investigation as part of the investigation process.

Outsourced reporting

Following the meeting held with Medica on the 19th May 2021, it was agreed that LHCH will
perform and report in house for this type of image as we are able to store images that
demonstrate MPR has been used and they will no longer be outsourced to Medica.

Page 2 of 3

Liverpool Heart and Chest Hospital INHS|

NHS Foundation Trust

We are cognisant that Medica have responded separately so would refer you to their previously
submitted document.

| trust this response provides you with sufficient reassurance to you and Mary Mellor’s family that
the Trust have done everything it it’s power to ensure lessons have been learnt following this
sad incident.

Please do not hesitate to contact me if you require any further information in relation to our
response.

Yours sincerely

Chief Executive

Page 3 of 3
Response from Medica (PDF)
FAO Jason Wells 
Coroner’s Court  
1 Mount Tabor Street 
Stockport  
SK1 3AG 

Dear Mr Wells, 

Date: 4th June 2021 

I write in response to the Regulation 28: Report to Prevent Future Deaths issued to Medica 
Reporting Limited (Medica), and Liverpool Heart and Chest Hospital (LHCH) dated 12th May 
2021. 

I would like to express condolences on behalf of Medica to the family on the loss of Mrs Mary 
Anne Mellor. 

This response is related to the involvement of Medica Reporting Limited in this case. A timeline 
of Medica’s knowledge of the case is presented below. 

This information was not requested and hence unavailable at the time that the Regulation 28 
notice  was  drafted.  Whilst  I  understand  that  it  is  not  your  practice  to  amend  or  rescind  a 
Regulation 28 notice once it has been issued, our aim is to clarify our position and in the event 
that the notice cannot be amended to consider the detail set out below. We would request that 
our response is placed on file. Please note that a copy of this letter has also been sent to our 
client, LHCH. 

Sequence of events 

21/09/2019:  CT  angiogram  scan  of the  deceased  undertaken  at LHCH  to monitor  a  known 
thoracic aortic aneurysm repair. 

26/09/2019: The CT scan is reported by a Medica radiology consultant specialising in vascular 
and interventional radiology. 

26/10/2020:  Medica  were  made  aware  of  a  discrepancy  related  to  the  reporting  of  a  CT 
angiogram study of the deceased.  

26/10/2020: The discrepancy was reviewed and agreed by the reporter as demonstrating a 
Type 1b endoleak at the distal end of the thoracic endovascular repair (TEVAR) stent. The 
leak was more evident in the coronal plane. 

24/11/2020:  An  arbitrating  radiologist  reviewed the  study  and  agreed  with  the  discrepancy. 
The arbitrating radiologist also commented that the leak was more evident in the coronal plane 
in multiplanar (MPR) reformats. He also commented that the leak was in retrospect present 
but much smaller on a scan dated July 2018 and larger on a subsequent scan in September 
2020. For clarity, an arbitrating radiologist is asked for an opinion on any discrepancy raised 
by  a  Client  as  part  of  Medica’s  governance  system.  The  arbitrating  radiologist  graded  the 
discrepancy  as  a  Grade  2  observational  error  (Subtle  –  a  number  of  reporters  would  not 
identify this abnormality). There was no interpretation error or communication error. The risk 
to the patient at the time of reporting the study was given a Score of 3 (Risk of harm low).  

 
 
 
 
 
 04/05/2021: Medica were first made aware of the Coroner’s involvement in this case following 
the inquest held 4th May 2021. 

05/05/2021:  Microsoft (MS)  Teams meeting  between  LHCH  investigation  team  and  Medica 
Clinical Governance. Agreed sharing of information. LHCH gave a synopsis of the Coroner’s 
Inquest. 

06/05/2021: Medica received an email copy of the LHCH Root Cause Analysis (RCA) dated 
27/11/2020 pertaining to this case. 

19/05/2021: Second meeting between LHCH and Medica by MS Teams. LHCH made Medica 
aware of involvement of CQC and that a response was required by 20/05/2020. 

Medica were not made aware of LHCH undertaking an RCA investigation or of involvement of 
the Care Quality Commission (CQC) in this case or of the Coroner’s inquest.  

Section 5 (2) of the Regulation 28 Report states “However, as of the date of the inquest, LHCH 
had received no response from Medica and could not assure me that Medica are using 3D 
reconstruction to report this type of scan and/or intend to do so in the future”.  It has been 
acknowledged  by  LHCH  in  a  meeting  between  Medica  and  LHCH  held  on  19/05/2021, 
following receipt of the Regulation 28 notice, that LHCH had not raised additional queries with 
Medica in respect of the use of ‘3D reconstructions’. LHCH were not awaiting a response on 
any matter pertaining to this case from Medica at the time of the Inquest.  

In response to The Matters of Concern in Section 5 of the Report, Medica offers the following 
response: 

1. Thank you for raising this important case with Medica. 

2. Medica routinely trains reporters in the use of the Radiology image viewing system (Medica 
Insignia  PACS  system)  including  the  use  of  Multiplanar  Reformatting  (MPR)  for  the 
interpretation and reporting of all cross-sectional imaging (CT and some MRI). MPR is a term 
used to describe the type of 3D reconstruction that would be used in the case of the deceased. 

3.  The  reporter  in  this  case  has  documented  training  PACS  including  the  use  of  MPR 
(Attachment 1.1 Checklist and DSE PDF of training). 

4.  The  Medica  Reporter  Handbook  refers  to  expected  reporting  standards  and  the  use  of 
MPRs in reporting studies (Attachment 1.2 Consultant Radiologist Handbook). The reporting 
radiologist received this Handbook at the time of training 31/07/2017. 

5. In September 2020 Medica prepared an in-house training video which includes a section 
on MPR (3D) technique. This was notified to all reporting radiologists and placed in the online 
learning  folder  There  is  a  training  video  and  Radiology  Reporting  Process  Guide  for  post 
training  reference  available  to  reporters  at  all  times  (Attachments  1.3  Screenshots  from 
training video and 1.4 Radiology Reporting Process Guide). 

6. The use of radiology viewing systems and MPR for reporting cross sectional imaging is a 
fundamental  part  of  core  radiological training  as stipulated  by the  RCR. All  radiologists  are 
required to demonstrate competence prior to award of a Certificate of Specialist Training (or 
equivalent). This happens prior to Consultant appointment.  

 
 
 
 
 
 
 
 
 
 
 7. Medica commissioned an internal refresh of the training video referenced in point 5 to further 
highlight the functionality in PACS of MPRs in April 2021, prior to our notification of this case. 
This has been published to all Medica Reporting radiologists on 12/05/2021. 

8.  Medica  continually  audits  radiologist  reporting  (5%  sample  of  this  type  of  work  for  each 
radiologist) and provides opportunities for learning from error. Medica provides feedback to 
individual Medica radiologists on a case-by-case basis where errors have been made and will 
highlight  the  use  of  good  MPR  technique  for  analysis.  Medica  regularly  highlights  areas  of 
opportunity  to  improve  observation  and  interpretation  for  reporters.  Cases  of  interest  are 
shared with all reporting radiologists in a monthly review. This case will be shared with our 
radiologists as an action of the Medica RCA for this case (initiated and completed following 
notification of the inquest, attachment 1.5).  

9. Where Medica identifies a radiologist with a specific training need for MPR, steps are taken 
to provide refresher training for reporting radiologists. 

10. Medica will continue to highlight to reporters the importance of the use of MPR tools in 
reporting (as described at 7 and 8 above). 

11. It is not possible to monitor/measure the use of MPR tools in a simple or meaningful way 
but experienced analysis of reporting discrepancies can lead the reviewer to highlight this to 
reporting  radiologists  when  the  reviewer  considers  that  this  may  be  a  contributory  factor. 
Medica will as a result of this notice, remind case reviewers of the importance of the use of 
MPRs. 

The above items evidence the importance that Medica places upon MPR functionality in CT 
reporting. The reporter in this case uses MPR in their normal workflow. It is therefore possible 
that it was employed at the time of reporting this study, but the endoleak was not recognised 
by the reporter. This is termed an observational error and is a recognised error in radiology. 
Medica places great importance on informing reporters of errors made by others to maximise 
learning opportunities and reduce error in the future as much as possible. We will be sharing 
the learning from this case with our reporters.  

I hope that this assures the Coroner of the ongoing commitment to clinical governance and 
the recommendations to use MPR in reports issued by our reporters. 

Yours sincerely 

Chief Executive Officer

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