Prevention of Future Deaths reports · 2023

Richard Kew

Regulation 28 report to prevent future deaths, reference 2023-0049, written 7 Feb 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report7 Feb 2023
Reference2023-0049
DeceasedRichard Kew
CoronerDianne Hocking
Coroner areaLeicester City and South Leicestershire
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 

NOTE:  This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

Department of Health and Social Care 

1  CORONER 

I am Mrs D HOCKING, His Majesty's Assistant Coroner for the coroner area of Leicester City 
and South Leicestershire 

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 15 September 2022 I commenced an investigation into the death of Richard Nigel KEW 
aged 70.  The investigation concluded at the end of the inquest on .  The conclusion of the 
inquest was that: 

Mr  Kew  was  admitted  to  the  Glenfield  Hospital  Leicester  and  underwent  a  resection  of 
small bowel endocrine tumour with extensive lymphadenectomy and resection of multiple 
liver metastases on the 21 July 2022.  Immediately post-operatively he was admitted to the 
adult  Intensive  Care  Unit.  During  mobilisation  of  Mr  Kew  on  the  22  July  there  was  an 
inadvertent omission to secure one of the central venous catheter lines with a bung.  This 
omission  allowed  air  entrainment  into  Mr  Kew’s  circulation.  His  condition  deteriorated 
rapidly  and  whilst  he  received  immediate  senior  medical  attention,  he  never  regained 
consciousness  and  died  as  a  direct  result  of  the  consequences  of  the  omission  on  the  05 
September 2022. 

4  CIRCUMSTANCES OF THE DEATH 
As above with a cause of death as 
1a)  Diffuse Hypoxic Brain Injury 
1b) Air entrainment via a central venous catheter 
1c) Peri-operative requirement for physiological support 
1d) Ileocolic anastomosis and resection of liver metastases to treat small bowel 
neuroendocrine tumour and multiple liver metastases 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

 
 5  CORONER’S CONCERNS 

During the course of the investigation my inquiries 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: 
That whilst the University Hospitals of Leicester(UHL)  have taken adequate and acceptable 
steps following this incident to prevent this occurrence ever happening again.  In particular 
the UHL have now adopted a policy of having bionectors at the end of patent lines instead of 
relying upon a simple bung and particular training for nurses in the correct and safe way to 
ensure  safety  of  the  lines  whilst  moving  patients  ensuring  that  this  aspect  has  become  a 
specific  competency  in  training.  However,  I  am  concerned  that  other  Trusts  may  not  have 
such policies and procedure in place to prevent the inadvertent error of not capping a patent 
line of a central venous catheter during the mobilisation of a patient. 

6  ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe 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 April 04, 2023.  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 

 (wife) 
University Hospitals of Leicester 

I have also sent it to the Heath and Safety Investigation Board  (HSIB) 

who may find it useful or of interest. 

I am also under a duty to send a copy of your response to the Chief Coroner and all interested 
persons who in my opinion should receive it. 

I may also send a copy of your response to any 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 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

 release or the publication of your response by the Chief Coroner. 

9 

Dated: 07/02/2023 

Mrs D HOCKING 
His Majesty's Assistant Coroner for Leicester City and South Leicestershire 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021

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 Department of Health and Social Care (PDF)
From Andrew Stephenson CBE MP 
Minister of State for Health and Secondary Care  

39 Victoria Street 
London 
SW1H 0EU 

2 May 2024 

Dianne Hocking  
Assistant Coroner  
Leicester City Council  
115 Charles Street 
Leicester  
LE1 1FZ 

Dear Mrs Hocking,  

Thank you for your Regulation 28 report to prevent future deaths dated 7 February 2023 about 
the death of Richard Nigel Kew. I am replying as Minister with responsibility for Health and 
Secondary Care. 

Firstly, I would like to say how saddened I was to read of the circumstances of Mr Kews’ Death, 
and I offer my sincere condolences to their family and loved ones.  The circumstances your 
report describes are very concerning and I am grateful to you for bringing these matters to my 
attention. Please accept my sincere apologies for the delay in responding to this matter and 
thank you for the additional time provided to the department to provide a response. 

The report raises concerns over the safety of Medicines and Healthcare Products. In preparing 
this response, Departmental officials have made enquiries with NHS England, The Medicines 
and  Healthcare  Products  Regulatory  Agency  (MHRA)  and  the  Health  Care  Safety 
Investigation  Branch  (HSIB),  now  the  Health  Services  Safety  Investigations  Body  (HSSIB) 
since 1 October 2023.  

Central venous catheters are generally considered safe when used according to guidelines, 
yet MHRA recognises the potential for air ingress due to inadvertent errors. In a critical incident 
investigated by HSIB in 2022, a tragic event unfolded when a haemodialysis catheter was left 
uncapped  and  unclamped,  leading  to  a  fatal  air  embolism  in  another  patient.  This  incident 
showed  the  importance  of  addressing  the  risks  associated  with  central  venous  catheters, 
particularly in haemodialysis settings where patients are vulnerable to such complications. 

Following this investigation, HSIB presented MHRA with a crucial safety recommendation: to 
amend its 2022 'Dialysis Guidance' to explicitly address the safety risk posed by unclamped 
haemodialysis  catheters.  The  recommendation  highlighted  the  necessity  of  updating 
guidelines to reflect emerging safety concerns and mitigate potential risks to patient safety. 
This call to action prompted MHRA to reassess and update its guidance to better address the 
specific challenges and risks associated with haemodialysis catheters. 

MHRA's guidance, initially developed in collaboration with the UK Kidney Association Kidney 
Patient  Safety  Committee  serves  as  a  vital  resource  for  healthcare  professionals  and 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 patients.The guidance aims to summarise known safety issues, communicate risk mitigation 
measures, and provide essential information for safe and effective patient care. However, the 
tragic  event  highlighted  by  HSIB  emphasised  the  need  for  continuous  improvement  and 
adaptation  of  guidelines  to  address  evolving  safety  concerns  and  ensure  optimal  patient 
outcomes. 

In response to HSIB's recommendation, MHRA collaborated with key stakeholders to update 
the guidance, focusing specifically on the safe handling of haemodialysis catheters to prevent 
air  embolisms.  The  updated  guidance,  published  on  June  21,  2023,  includes  detailed 
recommendations and protocols aimed at reducing the risk of air embolisms associated with 
catheters.  These  include  measures  such  as  proper  training  for  staff,  adherence  to 
manufacturer  guidelines,  and  the  importance  of  conducting  risk  assessments  before 
accessing central venous catheters. By incorporating these critical updates, MHRA aims to 
enhance patient safety and improve outcomes for individuals undergoing treatment.  

The HSIB report also notes that the Association of Anaesthetists has committed to integrating 
content  on  catheter-related  air  embolism  into  its  updated  'Safe  vascular  access  guidelines' 
based on the findings and safety recommendations outlined in the HSIB investigation report. 
When  the  Association  of  Anaesthetists  update  their  guidance,  the  NHSE  National  Patient 
Safety  Team  will  publicise  this  new  guidance  in  their  newsletter  to  all  Patient  Safety 
Specialists. 

I hope this response is helpful. Thank you for bringing these concerns to my attention.  

Yours sincerely, 

Rt. Hon Andrew Stephenson CBE MP 
Minister of State Health and Secondary Care

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