Prevention of Future Deaths reports · 2023

Nuel-Junior Dzernjo

Regulation 28 report to prevent future deaths, reference 2023-0530, written 18 Dec 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report18 Dec 2023
Reference2023-0530
DeceasedNuel-Junior Dzernjo
CoronerCatherine Wood
Coroner areaSuffolk
CategoryChild Death (from 2015) · Hospital 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 

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

REGULATION 28 REPORT TO PREVENT DEATHS 

THIS REPORT IS BEING SENT TO: 

1  National Institute for Health & Care Excellence (NICE) 
2  Royal College of Paediatrics and Child Health HEALTH POLICY 

1  CORONER 

I am Catherine WOOD, Assistant Coroner for the coroner area of Suffolk 

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 11 April 2023 I commenced an investigation into the death of Nuel-Junior Kerlii 
DZERNJO aged 10.  The investigation concluded at the end of the inquest on 30 November 
2023.  The conclusion of the inquest was that: 

Narrative Conclusion 

The medical cause of death was confirmed as: 

1a  Varicella Zoster Infection 
1b  Immunosuppression 
1c  Steroid Therapy 

4  CIRCUMSTANCES OF THE DEATH 

Nuel-Junior Dzernjo was a ten year old boy who had been under investigation for a 
neurodegenerative condition having been noted to have seizures on an 
Electroencephalogram. There was no clear cause or diagnosis for the seizures but it was felt 
that he was suffering from electrical status epilepticus during slow-wave sleep. In 
November 2022 a decision was made to commence him on high dose steroids, a known 
consequence of which was immunosuppression. 
He developed signs of chicken pox on Friday 17 February 2023 and was brought to his 
community paediatric appointment on 20 February 2023 but not seen and assessed as he 
was known to have a contagious disease. He was seen later that day by a nurse at his 
general practitioner surgery and was seen and sent home. A later discussion between a 
general practitioner at the surgery and the community paediatrician led to a referral to the 
paediatric assessment unit at Ipswich hospital. The unit was busy and an appointment was 
not made until the following morning. 
By 11am on 21 February 2023 Nuel had deteriorated further and his parents had to support 
and carry him to the paediatric assessment unit arriving at 11.05am. Observations taken at 
11.30am revealed he was pyrexial, tachycardic and tachypnoeic but the sepsis pathway 
was not followed. He was prescribed paracetamol at 12.15 and seen by a paediatric 
registrar who did not consider the sepsis protocol should be initiated as there was a clear 
cause for his symptoms i.e chicken pox. 
The plan was made to observe him, recheck his observations and if he had improved to 
send him home with oral Acyclovir. At 13.20 he remained pyrexial and tachycardic and his 
respiratory rate was still high at 32 and he was prescribed Ibuprofen. By 15.30 his 

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

 temperature had come down and his heart rate had settled but was still high at 118, as was 
his respiratory rate at 29. He was also unable to mobilise having previously not being 
limited with his mobility. He was confused but this was considered to be his usual 
presentation due to his neurodegenerative condition. The doctor who planned to discharge 
him did not discuss him with a Consultant and was not aware he needed a wheelchair to 
leave hospital having had no issues with his mobility prior to the onset of his current viral 
illness. 
He was taken home by his parents and was unable to swallow his oral medication and took 
very little by way of fluids. He deteriorated the following day and collapsed shortly before 
2pm. His parents called emergency services and police and paramedics attended. Despite 
attempts at resuscitation including in the emergency department at West Suffolk hospital 
he died later that afternoon. A post mortem revealed he had died as a consequence of 
Varicella Zoster. 

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: 
(brief summary of matters of concern) 

During the course of my investigation into the death of Nuel-Junior I instructed an 
independent paediatric expert to review his management and opine on causation. During 
the course of hearing the evidence from the expert and all of the treating clinicians it 
became clear that there was some potentially relevant guidance available but it lacked 
clarity. Here intravenous Acylovir, if prescribed, may have prevented Nuel-Junior's death 
but he was instead prescribed oral Acyclovir which was unlikely to have made a difference. 
Had clear guidance been available then Nuel-Junior's death may have been prevented. 

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 February 12, 2024.  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 

I have also sent it to 

West Suffolk  NHS Foundation Trust (Legal Services) 
Ipswich and Colchester Hospital (Legal Services) 
Stowhealth (Violet Hill) 

who may find it useful or of interest. 

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

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

 
 
 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  Dated: 18/12/2023 

Catherine WOOD 
Assistant Coroner for 
Suffolk 

Regulation 28 (cid:177)(cid:3)After Inquest 
Document Template Updated 30/07/2021

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 National Institure for Health and Care Excellence (PDF)
2nd Floor 
2 Redman Place 
London 
E20 1JQ 
United Kingdom 

4 March 2024 

Ms Catherine Wood  
Assistant Coroner for Suffolk  

Dear Ms Wood,    

Re: Regulation 28 Prevention of Future Deaths Report in respect of Nuel-Junior 
Dzernjo 

I write in response to your regulation 28 report dated 18 December 2023 regarding the very 
sad death of Nuel-Junior Dzernjo. I would like to express my sincere condolences to Nuel-
Junior’s family.   

We have reflected on the circumstances surrounding Nuel-Junior’s death and the concerns 
raised  in  your  report.  We  note  your  concerns  about  a  lack  of  clear  guidance  on  whether 
intravenous aciclovir should have been prescribed in this case.   

NICE have not published a guideline on managing chickenpox. We are not asked to develop 
guidance on all conditions and our recommendations do not cover all clinical circumstances.    

the  management  of  chickenpox 

There  is  a  Clinical  Knowledge  Summary  (CKS)  published  on  our  website  on  chickenpox, 
including  a  section  on 
in  people  who  are 
immunocompromised.  The CKS are developed by an external company called Agilio Software 
and are designed to summarise the evidence on the treatment of specific health conditions. 
They use a variety of sources and may include NICE guidance, if there is any that is relevant, 
but they use many other sources too. We publish them on our website as a source of advice 
and information for health professionals working in primary care, but they do not constitute 
NICE guidance.   

Following receipt of your report, senior clinical advisors within the patient safety team here at 
NICE  have  reviewed  the  concerns  raised.  Although  the  content  is  not  published  by  NICE 
directly, we believe that the relevant recommendation in the CKS  is clear:    

‘If complications are not suspected: 

 
 
 
 
 
 
 
  
 
 
 
 •  Seek  immediate  specialist  advice  to  confirm  the  diagnosis  of  chickenpox  and 
determine  whether  immediate  admission  is  required  to  administer  intravenous 
aciclovir. ‘ 

As part of this process, we have shared this report with Agilio Software for their awareness, 
however, if further clarification is required on the content of the CKS topic, Agilio software can 
be contacted directly.  

Finally,  as  you  will  be  aware,  NICE  is  not  the  only  organisation  that  produces  clinical 
guidelines, and we would also expect that there are local policies and care pathways that are 
followed in individual hospital trusts.   

I hope this response has helped outline our role and the guidance that exists in this topic area.   

Yours sincerely, 

Chief Executive     

                                                                                                                                 Page | 2
Response from Royal College of Paediatrics and Child Health (PDF)
Catherine Wood 
Assistant Coroner 
Suffolk 

Dear Ms Wood 

Re: RCPCH Response to the Inquest Touching the Death of Nuel-Junior Kerlii Dzernjo 
A Regulation 28 Report – Action to Prevent Future Deaths 

Thank you for sharing your report with us regarding the tragic and untimely passing of Nuel-
Junior. We were saddened to read the circumstances surrounding Nuel-Junior’s death and 
have discussed with senior colleagues within the RCPCH and the British Paediatric Allergy, 
Immunity and Infection Group (BPAIIG). Thank you for confirming in a separate 
correspondence that the doctors knew that Nuel-Junior was immunocompromised, and that 
he was initially not particularly "unwell" and presented with typical signs of chickenpox 
(including a temperature and spots/lesions). You described further that Dr Louis Grandjean, 
an independent paediatric expert instructed by the court, was of the view that the guidance 
was unclear. 

Whilst we cannot comment on the specific details around Nuel-Junior’s passing, we have 
read your report carefully and would like to offer a response to your concerns, and other 
areas where the Royal College of Paediatrics and Child Health will bear most impact.  

Clarity on guidance 

BNFC (British National Formulary for Children) guidance is clear insofar as there is only one 
recommendation for varicella infection in the immunocompromised to be administered 
intravenously. I have provided a snippet from the BNFC guidance1 here for ease:  

1 https://bnfc.nice.org.uk/drugs/aciclovir/  

1 

 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 It is possible that guidance from other sources may have added confusion for the treating 
healthcare team as we are aware that there can be a variety of information sources that 
clinicians draw on to determine treatment options locally. However, BNFC guidance is clear.  

The College will be interested to understand from NICE, whom you are also seeking views, 
on their plans to review their guidance and whether an update is needed to clarify guidance 
for immunocompromised children.  

Access to specialist paediatric infectious disease advice for complex cases 

I have shared your report with the BPAIIG for further advice on actions the College could 
take to prevent future deaths of this kind. They have identified the importance, for hospitals 
providing care to children, of having regular input from an infectious disease paediatric 
subspecialty who are readily available to help improve clinical decision making and patient 
pathways.  

Communication with families  

The College will learn from your report, especially with respect of working with our members 
on the importance of continually improving how we engage with families in care settings. 
This includes how paediatricians can better facilitate parents and families to share their 
understanding of how ill their child is. The College has worked with NHS England and the 
Royal College of Nursing to develop a paediatric early warning system (PEWS) to spot 
deterioration.2 The new national inpatient PEWS includes a parental concern trigger where 
parental or carer concern will lead to escalation of the child’s care, regardless of other 
assessments. 

The College is also engaging with NHS England and the Patient Safety Commissioner on 
how Martha’s Rule – a new process that stipulates the right to request a second clinical 
review - will be implemented nationally. This recognises the importance of a structured 
system that obtains information relating to a patient’s condition directly from patients and 
their families at least on a daily basis.3  

Sharing information for quality improvements 

The College will be sharing information and suggestions for local improvement from your 
report with our paediatric members via its patient safety portal, including the promotion of the 
BNFC guidance to improve awareness across the profession. The information within your 
report will also be shared for discussion with the RCPCH Clinical Quality in Practice group in 
early Spring, where further actions may be identified.   

The RCPCH supports the recommendation from the Joint Committee on Vaccination and 
Immunisation on a universal varicella vaccination programme to be introduced as part of the 
routine childhood schedule.4 We continue to advocate for rapid implementation of the NHS 
Vaccination Strategy to bring forward opportunities to protect communities and save lives.  

2 https://www.rcpch.ac.uk/resources/paediatric-early-warning-system-england  
3 https://www.rcpch.ac.uk/news-events/news/rcpch-responds-patient-safety-commissioners-
recommendations-marthas-rule  
4 https://www.gov.uk/government/publications/childhood-varicella-vaccination-programme-jcvi-advice-14-
november-2023/jcvi-statement-on-a-childhood-varicella-chickenpox-vaccination-programme  

2 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Thank you for seeking our views and reminding us of the importance of this work. Our 
sincere condolences are with Nuel-Junior’s family.  

Yours sincerely 

RCPCH President  

3

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