Prevention of Future Deaths reports · 2022

Edward Capovila

Regulation 28 report to prevent future deaths, reference 2022-0125, written 25 Apr 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report25 Apr 2022
Reference2022-0125
DeceasedEdward Capovila
CoronerKirsty Gomersal
Coroner areaCounty of Cumbria
CategoryAlcohol, drug and medication related deaths · Product 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.

KALLY CHEEMA   
SENIOR CORONER 

County of Cumbria 

Fairfield 
Station Rd 
Cockermouth, CA13 9PT 

Email hmcoroner@cumbria.gov.uk 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:   
MEDICINES AND HEALTHCARE PRODUCTS REGULATORY AGENCY 

1 

CORONER 

I am Miss Kirsty Gomersal Area Coroner for County of Cumbria 

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: 

https://www.legislation.gov.uk/ukpga/2009/25/contents 

http://www.legislation.gov.uk/uksi/2013/1629/contents 

3 

INVESTIGATION and INQUEST 

On 3 November 2020, Dr Nicholas Shaw (Assistant Coroner) commenced an investigation 
into the death of Edward Jorge CAPOVILA who was known as Eddy. Eddy’s inquest was 
opened on 15 March 2021 and concluded on 22 April 2022 following a two-day hearing 
before me.  

The medical cause of Eddy’s death was: 

1a   Multi-drug toxicity 
 II    Hepatic steatosis 

The determination was: 

Mr Edward Jorge Capovila (who was known as Eddy) died on 30 October 2020 at 

 in Barrow-in-Furness as the result of the combined toxic effect of prescribed 
medication. In administering that medication, Eddy did not intend to harm himself or take 
his own life. 

Eddy was prescribed nitrazepam, pregabalin and fentanyl (as transdermal patches). 
Nitrazepam metabolite was present in post-mortem blood but it could not be determined 
if levels were therapeutic or excessive. Pregabalin was found at 3.6 mg/l which is 
consistent with therapeutic use. Fentanyl was present at 6.3 μg/l. These medications are 
central nervous system depressants which have an additive effect when used together.  

No fentanyl patches were found on Eddy's body. On balance, Eddy has administered 
fentanyl by heating and inhaling it. 

The conclusion of the inquest was: 

Death by misadventure. 

 
 
 4 

CIRCUMSTANCES OF THE DEATH 

I found that, on the balance of probabilities, Eddy had administered himself fentanyl by 
heating and inhaling it. It could not be determined how many patches Eddy had used as 
none were located on his body or in the house.  

Eddy had chronic pain which required strong painkilling medication i.e. fentanyl. He had 
also been known to use drugs and had demonstrated drug seeking behaviour.  

The inquest heard that the amount of fentanyl in a transdermal patch needs to be higher 
than that taken transdermally. For instance, the patches prescribed to Eddy required 
2.7mg fentanyl to release 37.5 μg/hr hour over 72 hours. However, each patch contains 
6.3mg fentanyl to maintain the concentration gradient. Even a “used” fentanyl patch 
therefore contains significant amounts of fentanyl that could be misused.  

Evidence was heard about the steps taken following Eddy’s death. Part of the wider 
learning was to increase awareness (at local Trust level) of how fentanyl can be abused / 
misused other than by the application of excess fentanyl patches. The inquest heard that 
there is relatively little information available about the other ways in which fentanyl can 
be abused.  

It is known that heating a fentanyl patch can increase the rate at which fentanyl is 
dispensed; hence the warnings not to wear patches in a hot bath, for example. Applying a 
direct heat source onto a patch can release fentanyl so that it can be abused – such as by 
inhalation (as in Eddy’s case). I was told of other means by which released fentanyl can be 
abused. Given the amounts of fentanyl that remain even in a used patch, a potentially 
lethal dose of fentanyl can be released for misuse.  

5 

CORONER’S CONCERNS 

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: 

As indicated above, I was told that there is relatively little information available about the 
more unusual ways in which fentanyl can be misused or abused. Given the potential for 
fentanyl to be misused, as evidenced in Eddy’s inquest, I have concern that further deaths 
may occur in future if action is not taken.  

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe the 
MEDICINES AND HEALTHCARE PRODUCTS REGULATORY AGENCY has 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 20 June 2022.   

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 and to the following Interested 
Persons: 

 Eddy’s parents. 

 Eddy’s sister. 

Lancashire and Cumbria NHS Foundation Trust. 
University Hospitals of Morecambe Bay NHS Foundation Trust. 

I have also sent a copy to Bridgegate Medical Centre, Eddy’s GP, for information.  

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 

25 April 2022 

Miss Kirsty J Gomersal 
HM Area Coroner  
County of Cumbria

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 Medicines Healthcare Products Regulatory Agency (PDF)
Miss Kirsty Gomersal 
Area Coroner for the County of Cumbria 
By email: 

Reference: CSC 97973 

20th June 2022 

10 South Colonnade  
Canary Wharf  
London  
E14 4PU 
United Kingdom 

Dear Miss Gomersal, 

Report to Prevent Future deaths - Edward Jorge Capovila  

I am writing in response to the Regulation 28 Report concerning the tragic death of Mr Edward 
Capovila from 

 overdose, likely from the inhalation of 

 from prescribed patches. 

It may be helpful to first outline the role of the MHRA, which is to monitor the safety of all medicines to 
ensure that up-to-date information on the benefits and risks of a medicine is available for healthcare 
professionals and patients. The authorised Summary of Product Characteristics (SmPC) for a 
medicine provides information for healthcare professionals about the medicine, including warnings 
and precautions of use in higher risk situations. The same information is provided to patients in a 
patient information leaflet, which is written in language that can be understood by the lay person and 
accompanies each medicine. 

The MHRA became aware that if a patch is exposed to heat, it will increase the speed at which the 
fentanyl is absorbed into the body and therefore the patient is likely to be exposed to a higher initial 
dose than prescribed. In December 2014, the MHRA issued a drug safety bulletin1 warning healthcare 
professionals and patients of the risk of overdose and death with exposure of the 
increased heat including the instruction that the patch should not be cut.   

 patch to 

In 2019 the MHRA undertook a review of the benefits and risks for all 
treatment of non-cancer pain and risks associated with dependence and addiction and sought the 
 Expert Working Group of the Commission on Human Medicines, the MHRA’s 
advice of an 
advisory body. The Expert Working Group considered the benefit-risk profile of 
-containing 
medicines and made recommendations for regulatory action to better support appropriate use of 
prescription 
patients and healthcare professionals of the risks of dependence, addiction, tolerance, withdrawal 
reactions, and risks of neonatal abstinence syndrome during pregnancy. 

, with educational initiatives to increase the awareness of both 

 medicines in the 

 including 

Following this review, in April 2019, warnings were added to the packaging of all 
that the medicine contains an opioid and the risk of addiction. This information was relayed to the 
public through several media outlets including the Guardian2 and BBC news3. In 2020, additional 

 to highlight 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 warnings about the risk of addiction were included in the Summary of Product Characteristics for 
healthcare professionals and in the patient information leaflets. Further to this action, an article was 
published in the MHRA’s drug safety bulletin, Drug Safety Update (DSU) on 23 September 20204 
highlighting the risk of addiction with 
could be fatal. An additional patient leaflet that is linked to the DSU article was recently updated in 
August 2021 following user-testing to ensure that patients understood the messages. 

 containing medicines and the potential for overdose which 

We are aware that fentanyl is available illicitly in several different forms. The MHRA works closely with 
other regulators and has highlighted this case to the Advisory Council on the Misuse of Drugs 
(ACMD). The ACMD undertook a review in 2020 on the misuse of 
analogues. The ACMD found that poison centre telephone enquiries of the misuse of
is uncommon and prescribing had decreased between 2016 and 20185. 

patches and

 patches 

We note that Mr Capovila was also prescribed 
warning is included within the product information for 
 of a high risk of respiratory 
depression and an increased risk of opioid-related death when taken concomitantly with an 

). A 

concomitantly with any central nervous system (CNS) depressant or sedative, like

.  

. A similar warning is included within the product information for opioids when used 

The product information for all 
of concomitant administration of 
clearly stated with the risk of coma or death. This action is being taken to ensure that all relevant 
product information is consistent. 

 licences is currently being updated to ensure that the warning 
 as further examples of CNS depressants is 

We continue to monitor the benefits and risks of opioid containing medicines and will take further 
prompt regulatory action when required. 

Yours sincerely, 

Chief Executive  
Medicines and Healthcare products Regulatory Agency 

E

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