McQuilter, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 81 (25th February, 2002)

McQuilter, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1976 [2002] ScotSC 81 (25th February, 2002)

Andrea McQuilter died from multi-organ failure due to toxin producing organisms introduced via heroin injection. There was no evidence of precautions or defects in systems of work that could have prevented her death. The outbreak was caused by contaminated heroin, likely with clostridium novyi, and the public health response was appropriate and timely. Recommendations were made for improved publicity, research, and information distribution.

Citation
[2002] ScotSC 81
Parties
Deceased: Andrea McQuilter; Inquiry Judge: Edward F Bowen QC, Sheriff Principal
Jurisdiction
Scotland
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Death determined as due to multi-organ failure secondary to toxin producing organisms; no precautions or defects identified; recommendations issued.
Legal Topics
Drug Related Deaths, Heroin Contamination, Hospital Response to Outbreaks, Certification of Death, Medical Protocols for Infectious Outbreaks
Public Health Law Coroners and Fatal Accident Inquiries Drug Related Deaths Heroin Contamination Hospital Response to Outbreaks Certification of Death Medical Protocols for Infectious Outbreaks

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Parties

Andrea McQuilter

Deceased

Edward F Bowen QC, Sheriff Principal

Inquiry Judge

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What was the cause of Andrea McQuilter's death?
  2. 2 Were there precautions that could have prevented the death?
  3. 3 Was the death caused by a defect in a system of work?

Ratio Decidendi

Andrea McQuilter died from multi-organ failure due to toxin producing organisms introduced via heroin injection. There was no evidence of precautions or defects in systems of work that could have prevented her death. The outbreak was caused by contaminated heroin, likely with clostridium novyi, and the public health response was appropriate and timely. Recommendations were made for improved publicity, research, and information distribution.

Court Disposition

Death determined as due to multi-organ failure secondary to toxin producing organisms; no precautions or defects identified; recommendations issued.

Orders

  • Wider publicity on infection risks from heroin injecting.
  • Further research into clindamycin use for anaerobic infections.