Prevention of Future Deaths reports · 2025

Lee Eustace

Regulation 28 report to prevent future deaths, reference 2025-0626, written 15 Dec 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Dec 2025
Reference2025-0626
DeceasedLee Eustace
CoronerLouise Wiltshire
Coroner areaCounty of Devon, Plymouth and Torbay
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedUniversity Hospitals Plymouth 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.

ANNEX A

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1)

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

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

1.  University Hospitals Plymouth NHS Trust

1

CORONER

I am Louise Wiltshire, Assistant Coroner, for the coroner area of the County of Devon,
Plymouth and Torbay

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 23 May 2022 an investigation was commenced into the death of Lee Kenneth
EUSTACE.  The investigation concluded at the end of the inquest on 12 December
2025.

The narrative conclusion of the inquest was as follows:

Lee Kenneth Eustace died on 1 May 2022 from a rare but recognised complication of
jejunostomy feeding; jejunostomy feeding syndrome. There were multiple opportunities
to recognise that Lee was suffering from this rare complication, and opportunity to
provide effective treatment. Unfortunately these were missed and Lee developed an
ischemic bowel, the extent of which by the time it was recognised was not reversible.

The medical cause of death was:

1a Bowel ischaemia
1b Jejunostomy feeding syndrome
1c
II Oesophageal cancer, hypertensive heart disease

1

 4

CIRCUMSTANCES OF THE DEATH

Lee Eustace was admitted to hospital on 27 April 2022 for an upper GI endoscopy and
stage 2 gastro-esophagectomy as part of his treatment for squamous cell carcinoma of
the oesophagus.  In accordance with usual practice Lee was commenced on a
jejunostomy feed at 30ml/hr at 1300 on 28 April 2022. There was a Trust protocol in
place at the time which indicated when to increase the jejunostomy feed, but did not set
out the risks of jejunostomy feeding, when to stop it, or when to seek senior review.

At some point between 13:00 and 21:15 on 28 April 2022 Lee started to complain of
abdominal pain. Despite indication on the protocol that the feed should not be increased
if the patient complains of abdominal pain, the feed was increased to 45ml/hr at 21:15
on 28 April 2022. Evidence heard at the inquest confirmed that the feed should have
been stopped at 21:15 and that jejunostomy feeding syndrome should have been
considered.

The feed continued and Lee continued to complain of pain. There were numerous
opportunities on 29 April 2022 to recognise that Lee was suffering from the very rare
complication of jejunostomy feeding syndrome and the feed to have been stopped. The
treatment for jejunostomy feeding syndrome is stopping the feed. Had the feed been
stopped on 28 or 29 April 2022, on balance of probabilities, Lee would not have gone on
to develop such significant bowel ischaemia and would not have died when he did.

Lee died in ICU at  Derriford Hospital on 1 May 2022.

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.  –

During the inquest I heard evidence that the jejunostomy feeding protocol in place at the
time of Lee's admission was insufficient and, in part not followed. This on balance, likely
contributed to his death. As a result a new jejunostomy feeding protocol was
implemented in September 2022.

Despite this a Datix was never raised and a Duty of Candour letter was not sent to the
family in accordance with Regulation 20 of the Health and Social Care Act 2008
(Regulated Activities) Regulations 2014 (the "Regulations"). Furthermore, information
about the identification of this clearly relevant issue was not provided to the Coroner
ahead of the inquest hearing (which was subsequently adjourned) on 30 June 2023, or
in response to any further requests for evidence. It was only when a specific question
was put to the Trust by the Coroner in relation to the existence of a protocol and whether
it was followed that this information was provided. This was in September 2025, two
years after the new protocol had been introduced in direct response to Lee's death.

I am concerned that the Trust has not complied with its statutory duty under Regulation
20 of the Regulations; has not provided relevant documentation to the Coroner in

2

 accordance with its disclosure duties under Schedule 5 of the Coroners and Justice Act
2009 ("CJA"); and has not investigated this incident in accordance with the requirements
to do so under Datix. I am concerned that if such omissions exist in other cases that
there is a risk of deaths occurring in the future due to a lack of proper incident
investigation and adherence to statutory requirements relating to patient safety and
investigation of deaths.

I would like to understand the governance processes in place at the Trust to ensure that:

Incidents are properly investigated via the Trust's internal processes;

1. 
2.  Regulation 20 - Duty of Candour is complied with; and,
3.  Disclosure duties under Schedule 5 CJA are properly adhered to.

6

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and I believe your
organisation 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 9 February 2026. 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 family. I have also sent it
to the CQC 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

Louise Wiltshire

15 December 2025

3

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 University Hospitals Plymouth NHS Trust (PDF)
Chief Executive 
University Hospitals Plymouth NHS Trust 
Plymouth PL6 8DH 
Tel. 01752 439084 

Private and Confidential 

09 February 2026  

Ms Louise Wiltshire 
Assistant Coroner, for the coroner area of the County of Devon, Plymouth and Torbay 
County Hall 
Topsham Road 
Exeter 
EX2 4QD 

Dear Ms Wiltshire, 

I am writing in response to your Regulation 28 Report dated the 15th of December 2025 concerning the 
death of Mr Eustace. On behalf of University Hospitals Plymouth NHS Trust (UHP), we would like to 
begin by offering our sincere and heartfelt condolences to Mr Eustace’s family for their profound loss. 

Thank you for clearly setting out the concerns arising from this case. We are sorry that these matters 
required your intervention, and we recognise the seriousness of the issues you have raised. We are 
committed to learning from this incident and taking all necessary steps to strengthen the safety and 
quality of our services to prevent future harm. 

During the inquest, the following matters of concern were identified: 

1.  The jejunostomy feeding protocol in place at the time of Mr Eustace’s death was insufficient and 

not followed. This likely contributed, on the balance of probability, to his death. 

2.  Despite these concerns, an incident was not reported through the Trust’s internal incident 

reporting system, a proportionate investigation did not take place, and Duty of Candour was not 
provided to Mr Eustace’s family. 

3.  There was a failure to disclose these concerns and any associated service improvements to the 

coroner ahead of the inquest hearing (which was subsequently adjourned) in June 2023. 

A full investigation into each of these issues has now been completed, and our response is set out 
below. 

1.  The jejunostomy feeding protocol in place at the time of Mr Eustace’s death was 

insufficient and not followed. This likely contributed, on the balance of probability, to his 
death. 

Mr Eustace was admitted under the care of the Thoracic team on the 27th of April 2022 for an 
upper gastrointestinal endoscopy and two stage Gastro‑Oesophagectomy for squamous cell 

Working in partnership with the Peninsula Medical School 

 
 
 
 
 
 
 
 
  
 
 
 carcinoma of the oesophagus. Postoperatively, and in line with established practice within the 
Thoracic Service Line, he was commenced on jejunostomy feeding at 30ml/hr. 

Mr Eustace subsequently developed abdominal pain. Although the feeding protocol in place at 
that time indicated that feed should not be increased when abdominal pain is present, the rate 
was increased. Over the following 24 hours, Mr Eustace’s abdominal pain and distension 
worsened, his tachycardia increased, his urine output decreased, and he appeared more unwell. 

In the absence of the operating consultant, Mr Eustace was reviewed by a consultant from the 
Oesophagogastric team. The reviewing consultant raised concern for feeding jejunostomy 
syndrome, which is a rare situation, peculiar to patients post upper gastrointestinal surgery, 
where the jejunal feed inspissates in the bowel and causes bowel ischaemia. A CT scan was 
performed which confirmed an ischaemic bowel. Sadly, the extent of ischaemia meant that 
surgery was not an option. Supportive care was provided with input from the Intensive Care 
team, but Mr Eustace’s condition did not improve, and he died on the 1st of May 2022. 

The investigation identified that at the time of Mr Eustace’s death there was variation in post-
operative pathways for patients undergoing a Gastro‑Oesophagectomy between the Thoracic 
and Oesophagogastric teams, including differing approaches to jejunostomy feeding. Although 
jejunostomy feeding post-surgery had been used for many years within the Thoracic Service 
Line, feeding jejunostomy syndrome had not previously been encountered and was not widely 
recognised by staff as a potential complication. The protocol in place did prompt staff to consider 
abdominal pain. However, it did not clearly explain the clinical significance of this finding, how to 
distinguish expected postoperative discomfort from red‑flag symptoms, or the actions required if 
abdominal pain or other concerning symptoms were identified. 

Following Mr Eustace’s death, the jejunostomy feeding protocol (Appendix 1) was revised in 
September 2022. It now includes a daily checklist with explicit instructions regarding abdominal 
pain and other clinical warning signs. In addition, the pathway for all Gastro‑Oesophagectomy 
patients at UHP has since been standardised and feeding jejunostomies are no longer used post-
operatively. This change has removed the risk of feeding jejunostomy syndrome entirely for this 
patient group. 

2.  Despite these concerns, an incident was not reported through the Trust’s internal incident 
reporting system, a proportionate investigation did not take place, and Duty of Candour 
was not provided to Mr Eustace’s family. 

Feeding jejunostomy syndrome is a rare but known complication that is poorly understood. 
However, the Trust acknowledges that an incident did occur during Mr Eustace’s admission 
which met the threshold of a notifiable patient safety incident. This should have triggered an 
incident report, a proportionate investigation, and the provision of both professional and statutory 
Duty of Candour to Mr Eustace’s family. The incident relates to the decision to continue and 
increase the feed in the presence of abdominal pain, which likely contributed to Mr Eustace’s 
death. 

I am sincerely sorry that this did not happen at the time, and that Mr Eustace’s family did not 
receive the openness, involvement, and information they were entitled to until the inquest in 
December 2025. 

The investigation could not establish with certainty why an incident report was not raised, but it is 
possible that staff did not recognise that a patient safety incident had occurred at the time of Mr 
Eustace’s death. In addition, although all deaths within UHP should undergo review, there is no 

Page 2 of 8 

 
 evidence that Mr Eustace’s death was reviewed or considered at the Thoracic Surgery Morbidity 
and Mortality meeting. As a result, these processes did not identify the incident, the need for it to 
be reported, or the requirement to provide Duty of Candour to Mr Eustace’s family.  

Recognition of the incident occurred only later, when an independent clinician from the 
Oesophagogastric team, who had reviewed Mr Eustace when he became acutely unwell, was 
asked to provide an opinion for the previously adjourned inquest. 

3.  There was a failure to disclose these concerns and any associated service improvements 
to the coroner ahead of the inquest hearing (which was subsequently adjourned) in June 
2023. 

Since Mr Eustace’s death, improvements have been made to UHP’s learning from deaths and 
mortality review processes to strengthen the early identification of concerns in care that may 
have contributed to a patient’s death. These include: 

•  All coroner referrals are now reviewed by the Divisional Quality Team to ensure any concerns 

in care are identified at an early stage. 

•  All adult deaths within surgical services at UHP now undergo a Stage 1 mortality screening 

• 

review, using a standardised tool. 
If any triggers are identified, a Structured Judgement Review (SJR) is undertaken by an 
independent clinician. 

•  Any concerns identified through these processes are reported through the Trust’s incident 
reporting system, ensuring duty of candour is provided, and appropriate investigation and 
learning. 

Copies of the Stage 1 screening tool and the SJR template are included at Appendix 2. 

The Trust apologises that these concerns were not identified and addressed prior to the inquest held in 
June 2023 and again in December 2025 and hopes that this response provides some reassurance that 
we have fully explored the concerns raised, and that we are committed to taking the necessary steps to 
improve the safety of our services. 

If you require any further information or clarification, please do not hesitate to contact me. Once again, 
we extend our deepest condolences to Mr Eustace’s family for their loss. 

Yours sincerely 

Chief Executive Officer  

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 Appendix 1 – Adult Jejunostomy Feeding  

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 Appendix 2 - Mortality Screening Tool

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