Prevention of Future Deaths reports · 2022

John Kay

Regulation 28 report to prevent future deaths, reference 2022-0240, written 4 Aug 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report4 Aug 2022
Reference2022-0240
DeceasedJohn Kay
CoronerAlison Mutch
Coroner areaManchester South
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:  REPORT TO PREVENT FUTURE DEATHS 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: The Greater Manchester Health and 
Social Care Partnership 

1  CORONER 

I am Alison Mutch, Senior Coroner, for the Coroner Area of Greater 
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 

3 

INVESTIGATION and INQUEST 

On 3rd  December 2021 I commenced an investigation into the death of 
John Edward Kay. The investigation concluded on the 24th  June 2022 
and the conclusion was one of Narrative: Died as a consequence of 
the recognised complications of previous necessary surgery.  The 
medical cause of death was 1a) Recurrent Aspiration Pneumonia; 1b) 
Leaking Trachea-Oesophageal Fistula; 1c) Oesophageal Stricture 
related to treatment (surgery and radiotherapy) for Laryngeal 
Carcinoma; II) Chronic Obstructive Pulmonary Disease 

4  CIRCUMSTANCES OF THE DEATH 

John Edward Kay had his larynx removed for stage 4 cancer in 2010. A 
speech valve was put in place. He had Chronic Obstructive Pulmonary 
Disease and significantly reduced respiratory lung function. He was 
admitted to Stepping Hill Hospital where he had a series of aspiration 
pneumonias. He continued to deteriorate and died at Stepping Hill 
Hospital on 26th  November 2021. 

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.  – 

1. The Inquest heard evidence that the management of a patient with

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 a valve such as Mr Kay had is a complex one. It requires regular 
monitoring and replacement. The evidence was that when he went 
into a care home that information about how to care for his valve 
was not shared with the care home. The consequence was that he 
was not seen or referred for regular replacements of the valve 
which increased the risk of the valve not functioning correctly and 
him developing aspiration pneumonia; 

2. The role and support available from the specialist nurse service was
not understood within the community including by the GP. Greater
understanding and awareness of that role would have been helpful in
managing Mr Kay and reducing the risk.

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 29th  September 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 namely 
 on behalf of the Family, 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  Alison Mutch 

HM Senior Coroner 

04.08.22 

2

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 Greater Manchester Integrated Care (PDF)
Date: 5 December 2022 

Ms A Mutch  
HM Senior Coroner 
Coroner’s Court  
1 Mount Tabor  Street  
Stockport  
SK1 3AG 

Dear Ms Mutch 

Re: Regulation 28 Report to Prevent Future Deaths – John Edward Kay 26/11/21 

Thank you for your Regulation 28 Report dated 04/08/22 concerning the sad death of John 
Edward Kay on 26/11/21. On behalf of NHS Greater Manchester Integrated Care (NHS GM), I 
would like to begin by offering our sincere condolences to Mr. Kays family for their loss. 

Thank you for highlighting your concerns during Mr. Kays Inquest which concluded on 24 June 
2022. On behalf of NHS GM, I apologise that you have had to bring these matters of concern to 
our attention, but it is also very important to ensure we make the necessary improvements to 
the quality and safety of future services.   

The inquest concluded that John’s death was as a consequence of the recognised 
complications of previous necessary surgery. The medical cause of death was 1a) Recurrent 
Aspiration Pneumonia; 1b) Leaking Trachea-Oesophageal Fistula; 1c) Oesophageal Stricture 
related to treatment (surgery and radiotherapy) for Laryngeal Carcinoma; II) Chronic Obstructive 
Pulmonary Disease. Following the inquest, you raised concerns in your Regulation 28 Report to 
NHS GM that there is a risk future deaths will occur unless action is taken. 

I hope the response below demonstrates to you and Mr. Kay’s family that NHS GM has taken 
the concerns you have raised seriously and will learn from this as a whole system.  

This letter addresses the issues that fall within the remit of NHSGM and how we can share the 
learning from this case. 

The inquest found that management of the valve was complex and that information about 
the management of Mr Kay’s valve was not passed on to the Care Home when he was 
discharged from hospital.  As a result, Mr Kay was not seen or referred for any 
replacements; this meant that he was at increased risk of developing aspiration 
pneumonia   

When patients are in the planning process for laryngectomy, they are given an information booklet 
produced  by  Macmillan  –  ‘Understanding  cancer  of  the  larynx’.  Patients  are  also  directed  to 
additional information produced by the National Association of Laryngectomee Clubs (NALC).  

4th Floor, Piccadilly Place, Manchester  M1 3BN   
Tel: 0161 6257791  www.gmintegratedcare.org.uk 

 
  
   
 
 
 
 
 
 
 
 
 
 
  
 Prior to a patient’s discharge, the Head and Neck Clinical Nurse Specialist will discuss all aspects 
of laryngectomy care including humidification, skin care and emergency protocol. The service has 
developed a laryngectomy advice sheet which is also provided to patients.  

The Speech and Language Therapy (SaLT) Team show patients and their relative/carer how  to 
manage valve leakages and also show them how to insert the plug to allow patients to eat and 
drink safely, until this can be changed in one of our clinics. The patient is deemed to be safe for 
discharge once the staff are content the patient can manage their laryngectomy and speaking 
valve care. This is usually a multidisciplinary team decision involving the nursing staff, Head and 
neck cancer nurse specialist and speech and language therapist as well as medical staff.    

As  Stepping  Hill  Hospital  has  a  more  limited  valve  service  than  is  available  at  Wythenshawe 
Hospital, patients often come to Wythenshawe to have these replaced. The patient should carry 
a valve record book which is filled in at each valve change and includes information on the size 
and brand used.  

Mr Kay was admitted to Wythenshawe Hospital for a tight oesophagus on 16th September 2019 
and had a balloon dilatation. His valve was found to be leaking afterwards and was changed. He 
was  discharged  with  an  improved  swallow  and  functioning  valve on  the  18th  September 2019. 
This was the last interaction of Mr Kay with the service at Wythenshawe Hospital, MFT.  

At the time of Mr Kay’s admission there were no concerns relating to his mental capacity and he 
was fully aware of his valve and the required management and how to access support.  

At the time of Mr Kay’s last admission to the service at Wythenshawe Hospital in 2019, he was 
living at independently and was not resident within a Care Home. The Head and Neck team were 
unaware that Mr Kay had moved into Care Home and therefore, would not have been able to 
provide any information or advice relating to his ongoing valve management.  

Speaking valves are not that common in care home placements but as with any need, the 
accepting care home uses information provided in a discharge to assess or trusted assessor 
document or they carry out their own assessment to determine whether or not they can meet 
the needs of the individual patient.  There are a number of potential outcomes following such an 
assessment: -  

(a) The care home determine that they can meet the needs of the patient; in this 
case the expectation would be that the appropriate training is in place and the 
patient discharge can proceed.  

4th Floor, Piccadilly Place, Manchester  M1 3BN   
Tel: 0161 6257791  www.gmintegratedcare.org.uk 

 
  
 
 
 
 
 
 
 
  
 (b) The care home determine that they can meet the need once appropriate training 
is in completed; in this case the discharge would be delayed until such time as 
the patient could safely be transferred to the home on completion of all training.  

(c)  The home determines that they cannot meet the needs of the patient.  

The role of the specialist nurse was not understood within the community, including the 
GP.  Greater understanding of the role would have been helpful.   

Clinical  Nurse  Specialists  (CNSs)  roles  developed  steadily  in  the  UK  as  a  response  to  the 
publication  of  The  Scope  of  Professional  Practice  by  the  UK  Central  Council  for  Nursing, 
Midwifery  and  Health  Visiting  (UKCC)  (1992)  and  the  subsequent  NHS  Plan  (Department  of 
Health (DH), 2000a).  

CNSs provide patients their contact details at diagnosis and are available to support throughout 
their treatment journey and beyond. Patients are given the contact details of their CNS at their 
diagnosing hospital. 

CNS support was provided by Wythenshawe Hospital. Specialist speech and language therapy 
was also provided by Wythenshawe Hospital. Mr Kay had a review appointment at Christie 
Hospital with Wythenshawe ENT team on 19/01/2021, he was discharged from their care and 
advised to contact the CNS from Wythenshawe if he had any concerns. During Mr Kay’s 
Stepping Hill admissions, the ENT team were informed by both Mr Kay and his NOK that they 
did hold the contact details for the Wythenshawe CNS should they have been required.   

Stockport Locality’s Clinical Lead reviewed this case and was satisfied that Mr Kay was well 
educated in relation to the management of his valve and that his NOK was also knowledgeable 
about how and when to seek assistance.  They were further satisfied that as Mr Kay had 
capacity to make decisions for himself, the team acted correctly in accepting his decision to 
decline other strategies to prevent a leak resulting in aspiration.    

However, this case has highlighted a potential gap in knowledge in relation to GPs and it has 
been arranged for a briefing paper to be shared across the Stockport GP population setting 
down information about the management of these valves and the availability of the specialist 
nurse.    

We are mindful that steps taken now cannot undo the events as they happened in this case but 
are confident that the appropriate information has been shared within Stockport to enable our 
GP community to appropriately support patients and their families in accessing care and 
specialist input as and when it is required.   

4th Floor, Piccadilly Place, Manchester  M1 3BN   
Tel: 0161 6257791  www.gmintegratedcare.org.uk 

 
  
 
 
 
 
 
  
 
  
 
 
 Actions taken or being taken to share learning across Greater Manchester. 

1.  Learning to be presented/shared with the Greater Manchester System Quality Group.  
This meeting is attended by commissioners, including commissioners of specialist 
services, regulators, Healthwatch and NICE. 

2.  Shared learning from this and similar cases at Greater Manchester and borough level will 

be cascaded to professionals through relevant governance and learning forums. 

In conclusion, key learning points and recommendations will be monitored to ensure they are 
embedded within practice. NHS GM is committed to improving outcomes for the population of 
Greater Manchester.  

I hope this response demonstrates to you and Mr. Kays family that NHS GM has taken the 
concerns you have raised seriously and is committed to work together as a system including our 
service users, carers and families to improve the care provided.  

Thank you for bringing these important patient safety issues to my attention and please do not 
hesitate to contact me should you need any further information. 

Yours sincerely 

Chief Nursing Officer  
GM Integrated Care  

4th Floor, Piccadilly Place, Manchester  M1 3BN   
Tel: 0161 6257791  www.gmintegratedcare.org.uk

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