Prevention of Future Deaths reports · 2021

Nicholas Winterton

Regulation 28 report to prevent future deaths, reference 2021-0204, written 31 Mar 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report31 Mar 2021
Reference2021-0204
DeceasedNicholas Winterton
CoronerAlison Hewitt
Coroner areaCity of London
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Product related deaths
Organisation namedBarts Health NHS 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.

Re : NICHOLAS HUGH WINTERTON DECEASED 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Public Health England 
2.  National Institute for Cardiovascular Outcomes Research 
3.  Society for Cardiothoracic Surgery 
4.  College of Clinical Perfusion Scientists 

1  CORONER 

I am Alison Hewitt, HM Senior Coroner for the City of London. 

2  CORONER’S LEGAL POWERS 

I make this report under paragraph 7 of Schedule 5 to the Coroners and Justice 

Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 

2013. 

3 

INVESTIGATION and INQUEST 

I commenced an investigation into the death of Nicholas Hugh Winterton.  The 

investigation concluded at the end of the inquest on the 17th December 2020.  The 

conclusion of the inquest was that the medical cause of death was - 

Ia Chronic Systemic Sepsis and Multi-organ Failure  

Ib Mycobacterium Chimaera Endocarditis Acquired During Cardiac Bypass 

Surgery  

Ic Aortic Valve Disease (Operated in May 2016)  

II Cerebral Infarction 

and my conclusion as to the death was that the Deceased – 

Died as a result of infection from equipment used in necessary surgical treatment. 

4  CIRCUMSTANCES OF THE DEATH 

 
 
  
 
 
 
 
 
 
 
 
 
 Nicholas Winterton suffered severe aortic regurgitation and on the 20th May 2016 

at St. Bartholomew's Hospital, London, he underwent elective aortic valve 

replacement surgery, for which purpose he was placed on cardiopulmonary 

bypass. The surgery was uneventful and the Deceased made a good post-operative 

recovery. In May 2018, however, he became unwell with symptoms of infection; 

whilst still under investigation for those symptoms, on the 31st May 2018 he 

suffered a stroke and was admitted to hospital, and subsequently, on the 29th June 

2018, he was transferred to the National Hospital for Neurology and 

Neurosurgery, London. By mid-July 2018 blood cultures had established that the 

Deceased's infection was from mycobacterium chimaera and he was suffering 

infective endocarditis. Surgical intervention was judged not to be feasible; he was 

treated with an appropriate anti-biotic regime but it proved ineffective and he 

developed systemic inflammatory response syndrome, sepsis, and multi-organ 

failure, from which he died on the 29th September 2018.  

The mycobacterium chimaera infection had been acquired from the heater-cooler 

unit which was used as an essential part of the cardiopulmonary bypass equipment 

for his cardiac surgery in May 2016. The heightened risk of this infection from 

this device, which stemmed principally from its design, had been identified prior 

to the surgery, including through guidance for minimising the risk issued in 

October 2015 by Public Health England. St. Bartholomew's Hospital's systems 

were largely in compliance with that guidance, although their regular 

decontamination of their heater-cooler units was performed on about a monthly 

basis, rather than two-weekly as recommended by the manufacturer. The evidence 

did not reveal which unit was used for the Deceased's surgery, as this was not 

recorded as required, and it was not possible to establish what, if any, effect the 

hospital's cleaning regime had on the risk of infection from the operation. 

5  CORONER’S CONCERNS 

In 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. 

It is apparent that it is important that the nationally recognised level of 

the risk of developing Mycobacterium Chimaera from exposure to a 

heater cooler unit is accurate, in that it accurately reflects the most 

current statistical data, and is based on the best gathering of statistical 

data as to the true incidence of such infection as can practicably be 

achieved. This is because the nationally recognised level of risk is the 

proper basis upon which – 

(i) 

The informed consent of a patient for a relevant surgery is 

obtained, and 

(ii) 

Post-operatively, the patient and the clinician(s) caring for him 

(including his General Practitioner) will base their “threshold 

for suspicion” for Mycobacterium Chimaera if the patient 

develops an infection which cannot quickly be identified and 

treated. 

2. 

Public Health England, together with the National Institute for 

Cardiovascular Outcomes Research, the Society for Cardiothoracic 

Surgery, and the College of Clinical Perfusion Scientists, are the 

national bodies which are able to co-ordinate collation of relevant 

statistical evidence and then formulate and disseminate accurate 

information about the level of risk. It is inappropriate for individual 

hospitals, cardiac centres, or Trusts to formulate risk level on the basis 

of their own data as this would result, nationally, in the dissemination 

of inconsistent information. 

3. 

Public Health England’s “Clinical guidance for secondary care” and 

“Information for general practice” are based on January 2017 data. 

Further, on its website, under the heading “Who could be at risk of 

Mycobacterium chimaera infection”, Public Health England currently 

states, 

“People most at risk are those who’ve had heart valve surgery since 

January 2013. About 1 person in every 5,000 who has this type of 

surgery will develop the infection.”  

 
 
 This assessment is also based on data collated to January 2017.  

4. 

The evidence at the inquest showed that the figure of “1 person in 

(i) 

(ii) 

every 5,000” is inaccurate, in that : 

It is based on data from 2017 and not updated data, and 

It is based on data which reflects only those patients who are reported 

to Public Health England as having died of Mycobacterium Chimaera 

infection, whereas the true incidence of the infection is very likely to 

be higher; the likelihood is that there is a potentially significant 

number of deaths from undiagnosed Mycobacterium Chimaera, given 

the patient cohort’s usual level of co-morbidities and clinicians’ low 

threshold of suspicion for this infection. 

5. 

A more accurate assessment of the risk, and more accurate guidance, 

would therefore result from – 

(i) 

An immediate review by Public Health England of all data held to date 

with a re-calculation of the incidence of Mycobacterium Chimaera 

infection and consequential risk being reflected in updated guidance 

and web-site information, and 

(ii) 

Consideration being given by all the bodies to whom this Report is sent 

of whether there is a better investigative basis which could be used for 

obtaining relevant data and statistics as to the true incidence of 

Mycobacterium Chimaera infection, whether by means of a research 

study or otherwise. 

 6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths by addressing the 

concerns set out above and I believe 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 the 27th May 2021.  I, as 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, to the following Interested 

Persons and to the other organisations listed below which may find it useful or of 

interest : 

Barts Health NHS Trust 

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

I may also send a copy of your response to any other person who I believe may 

find it useful or of interest.  

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 

31st March 2021                                                                              Alison Hewitt

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 Public Health England (PDF)
Healthcare-Associated Infection & 
Antimicrobial Resistance Division 
National Infection Service 
61 Colindale Avenue 
London NW9 5EQ 

www.gov.uk/phe 

8 June 2021 

Regulation 28 report dated 31 March 2021 to prevent future deaths pursuant to 

Her Majesty's Coroner inquest into the death of Nicholas Winterton 

Patient’s Name: Nicholas Hugh Winterton 

Date of death: 29.09.2018 

Response from: 

Public Health England (“PHE”);  

National Institute for Cardiovascular Outcomes Research; 

Society for Cardiothoracic Surgery (“SCTS”); and 

College of Clinical Perfusion Scientists 

1) 

The Coroner has asked for actions to be taken, without which in her opinion, there is 

a risk that future deaths could occur from Mycobacterium chimaera infection acquired 

during cardiac surgery. These relate to a perceived inaccuracy in the risk estimate of 

“1 person in every 5,000” published by PHE in 2017 in its guidance to primary and 

secondary care providers and on its website. In summary, this inaccuracy is stated 

as stemming from:  

1 

 
 
 
 
 
 
 
  
 
   
 
 
 
 
 
 
 
 
 
 (i) 

(ii) 

being based on data from 2017 and not updated data, and 

being based on data which reflects only those patients who are reported to 

PHE as having died of Mycobacterium chimaera infection. 

2) 

In relation to the above, the Coroner has requested (in summary): 

(i) 

a  review  of  all  data  held  to  date  with  a  recalculation  of  the  incidence  of 

infection and dissemination of the consequential risk assessment through 

updated guidance and website information, and 

(ii) 

consideration as to the optimal investigative basis for formulating this risk 

assessment. 

Inaccuracy in calculation of Mycobacterium chimaera infection risk  

3) 

With regard to the concern in paragraph (1)(ii) above, we would like to clarify to the 

Coroner that these risk calculations were not based solely on risk of death but in fact 

based on  risk of  infection  associated  with this  type of  surgery,  namely  heart-valve 

surgery performed on bypass. As such, data collection was not restricted to patients 

reported to PHE as having died of Mycobacterium chimaera (M. chimaera) infection.  

4) 

In  responding  to  the  potential  threat  posed  by  transmission  of  M.  chimaera  from 

contaminated  heater  cooler  units  (“HCUs”)  used  in  open-heart  surgery,  PHE 

established  a  surveillance  system  to  capture  data  on  all  cases  (not  just  cases 

resulting in death) potentially arising as a result of open-heart surgery performed in 

the UK. PHE continues to collate and publish information on newly diagnosed cases 

and associated deaths. This can be found on: 

https://www.gov.uk/government/collections/mycobacterial-infections-associated-

2 

 
 with-heater-cooler-units. 

5) 

With  regard  to  the  concern  in  paragraph  (1)(i)  above,  this  risk  was  estimated  to 

support  the  nationwide  patient  notification  exercise  mounted  in  2017.  The  risk 

estimate is not inaccurate; it refers to an estimated risk of Mycobacterium chimaera 

(M. chimaera) infection for patients who underwent NHS surgery between 2007 and 

2015.  Based  on  cases  reported  to  PHE  to  date,  the  risk  for  patients  undergoing 

surgery during that period remains unchanged at 1 in 5000. 

Proposed actions to be taken 

6) 

With reference to the proposed updating of risk estimates referred to in paragraph 

(2)(i) above, PHE has continued to monitor changes in risk, utilising cases reported 

to  PHE  coupled  with  numbers  of  patients  undergoing  heart-valve  surgery  in  NHS 

hospitals  derived  from  Hospital  Episode  Statistics.  This  has  shown  a  continued 

decline in risk with successive years of surgery since 2014. The most recent date of 

surgery for cases identified to date is February 2017. Therefore there have been over 

four years of cardiac surgery performed in the United Kingdom without a further case 

of M. chimaera identified to date. 

7) 

With  reference  to  paragraph  (2)(ii)  above  and  given  that  the  current  methodology 

includes surveillance data not just restricted to deaths, the respondent bodies believe 

the established mechanism provides a reasonable means for ongoing monitoring of 

risk and that a revised or alternative investigative basis is not required. 

8) 

PHE  accepts  that  information  on  the  risks  of  infection  should  be  more  widely 

disseminated  to  inform  patients’  decision-making,  and  for  clinical  awareness.  An 

3 

 
 updated risk assessment was undertaken by PHE in November 2019 and submitted 

to  an  international  medical  conference  with  a  view  to  publication  of  an  article  in a 

medical journal. An extract from the conference abstract book is attached at Exhibit 

PHE11.  The  advent  of  the  COVID-19  pandemic  resulted  in  the  cancellation  of  the 

conference and delayed completion of the publication.  

9) 

PHE will further update the risk estimates and ensure that these are published by 

September 2021. The respondent bodies will thereafter cascade these updated risk 

estimates to healthcare professionals involved in informing and consenting patients 

or investigating and diagnosing these infections, namely consultant microbiologists 

and  cardiothoracic  surgeons.  This  will  be  achieved  through  our  respective  clinical 

networks. 

10) 

In relation to the updating of the guidance for healthcare providers, we would like to 

make the Coroner aware that NHS England assumed responsibility for management 

of  the  M.  chimaera  incident  in  October  2016.  PHE  and  SCTS  worked  with  NHS 

England  to  support  the  patient  notification  exercise  launched  in  February  2017, 

including the development of guidance for healthcare providers.  

11)  With  specific  reference  to  the  inclusion  of  the  1  in  5000  risk  estimate  on  PHE’s 

website, whilst the risk estimate was produced by PHE, we believe this information is 

in 

fact 

found  on 

the  NHS  website  (which 

is  not  controlled  by  PHE): 

https://www.nhs.uk/conditions/mycobacterium-chimaera/  

1 The ECCMID Abstract Book from which the extract is taken can be downloaded from the following website: 
https://www.escmid.org/escmid_publications/eccmid_abstract_book/  

4 

 
 
 12)  Given the transfer of responsibility for management for the incident, we will forward 

this request for the further updating of guidance and to the need to update the NHS 

website to NHS England to agree responsibilities and a timetable for updating.  

5 

 
 
 
 
 Exhibit PHE1 

6 

 
 
 7

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