The mother of a Yorkshire man who suffered a fatal fall after his pharmacy left an IOU for his out of stock prescribed epilepsy medicine, says this should not be allowed to happen to anybody else.
44–year-old David Joseph Crompton from Leeds died last December after a fall downstairs resulted in a loss of oxygen to his brain and a cardiac arrest, with epilepsy being a contributing factor to his death.
He had been prescribed the anti-seizure drug Tegretol but his pharmacy had failed to deliver his full dose leaving him short of the important medication, for the second time, meaning potentially dangerous intervals without the dose.
In a report to prevent future deaths issued on December 31, 2024, West Yorkshire senior coroner Kevin McLoughlin asked Midway Pharmacy in Pudsey and the General Pharmaceutical Council to respond following concerns about lack of supply, shortages, searches and ongoing supply methods of Tegretol.
David’s mum, Mary Hirst, from Cleckheaton, says answers and changes are needed so another family does not have to experience this devastating loss.
Mary has now asked Wake Smith Solicitors’ clinical negligence team to take on the case and an investigation has commenced into claims for medical negligence, and under the Human Rights Act 1998.
Mary Hirst said: “David was a really fun-loving person who loved to socialise. He was popular, had a zest for life and had lots of friends. He was a vibrant and loving son. He had successfully managed his epilepsy over a number of years since developing it in adult life.
“He was let down by the people who were entrusted to look after him and supply him with life-saving medicine. We are absolutely devastated by his death. It should not be the case that anyone tragically dies as a result of a medicines shortage in the UK. Nobody should experience this and be let down by the system. We will fight for his cause and get him the justice he deserves.”
The inquest heard how David’s falls both in April and December 2024 occurred when he was left without essential medication.
Hospital specialists had said to him after his first fall that not having Tegretol for around 10 days ‘will likely have contributed to your seizure activity’. The coroner questioned whether lessons were learnt from this potentially dangerous interval, and how waiting for relatively lengthy times on two occasions was a matter of concern as without his medication his epileptic condition was likely to destabilise and give rise to fits.
The inquest also heard how it was left to the family to contact other pharmacies to see if they could obtain the essential drug, rather than for the pharmacy to search for supplies.
Scott Haslam, director in the clinical negligence team at Wake Smith Solicitors in Sheffield, said: “The coroner is clearly concerned that the evidence shows there is a risk that future deaths could occur unless action is taken.
“He highlighted the pharmaceutical profession should have clear designated systems to deal with any shortages of supply encountered; with reference to hospital departments if necessary to ensure patients are not left without important medications.
“The withdrawal of epilepsy medication can result in an increase in seizure activity and it is important that patients do not experience a break in their prescription unless recommended by their GP or consultant.
“Whilst David’s family are concerned about the local pharmacy’s conduct and have instructed Wake Smith Solicitors to investigate a claim for medical negligence, they also remain concerned about the possible impact of wider shortages of Tegretol across England and the steps the NHS is taking to rectify such shortages and ensure constant supply of medications.
“The government has a duty to ensure that effective systems are in place to safeguard life under the Human Rights Act 1998. David’s family have instructed Wake Smith Solicitors to consider whether a claim can be brought under the Human Rights Act due to possible failures in that system.”
In May 2024, the Department of Health and Social Care issued a supply notification for Tegretol 100mg/5ml liquid, with manufacturer, Novartis, saying that some supplies were available but “it may take some time for supply to return to normal levels”.
In January last year, it was reported an unprecedented medicines shortage in the NHS was endangering lives, as unpublished figures revealed the number of products in short supply had doubled in two years.
National media coverage last year suggests some patients were also unable to get their prescribed Tegretol tablets.
For more information on Wake Smith clinical negligence services call Scott Haslam on 0114 224 2127 or visit www.wake-smith.co.uk
This story has also reached regional news outlets, read more here:
Mum's 'fight' after death of Leeds epilepsy sufferer son given 'IOU' for drug Tegretol | ITV News Calendar
Mum vows to 'fight for justice' after son's epilepsy drug shortage death
