A 90-year-old man died after drinking from a bottle of unlabelled cleaning fluid left on a shelf above his sink in his Monifieth care home room.
David Fyfe swigged from a cup of Covid-specific Steri Germ cleaner in his room at Tigh-Na-Muirn at the outset of the coronavirus pandemic.
He died four days later, after becoming seriously unwell.
The company which runs the 59-bed residential home has admitted being responsible for the poisoning of the tragic pensioner on May 27 2020.
Mr Fyfe, who had a number of health issues, had been confined to his room after contracting Covid-19.
The ingestion of the chemical was enough to trigger acute, severe inflammation of his airway which, in turn, developed into the pneumonia that killed him.
Ingested Covid cleaner
Principal fiscal depute Jane Hilditch told Dundee Sheriff Court Mr Fyfe was found seriously unwell in his room by staff at the height of the first pandemic lockdown.
“He had breathing difficulties and chest pain.
“An ambulance was requested by 999.
“Staff observed a cup with the residue of green liquid in it on the table.
“It was the same colour as the sanitizer.
“He was unable to confirm if he had taken any of the liquid.
“He was transferred to Ninewells Hospital for monitoring.
“He gradually deteriorated the following day and staff determined to move him to palliative care and he died on 31 May.
“A post-mortem examination revealed the primary cause of death resulted from the ingestion of ammonia-based cleaning product.
“Cleaning chemicals were never usually kept in rooms and were locked in the cupboard but in the circumstances of the pandemic and infection control they were in the Covid-positive rooms.
“It is not known why the bottle in his room had not been labelled.
“They failed to adequately assess the risk posed to residents from the storage of Steri Germ in rooms.”
Failures admitted
Lawyers on behalf of Peter and Carol Philip — directors of Tigh-Na-Muirn Ltd — submitted a guilty plea to breaching two sections of the Health and Safety Act.
The company, which has 120 staff, 59 residents, and turns over between £2 million and £10 million annually, admitted failing to ensure residents were not exposed to risks to their health and safety.
They admitted between May 20 2020 and June 1 2020, failing to ensure Mr Fyfe was not exposed to risk by failing to make suitable and significant assessment of the risks associated with storing cleaning products in resident’s rooms.
They also admitted failing to ensure exposure to hazardous cleaning chemicals was prevented – or where not reasonably practical – adequately controlled..
Cleaner decanted into unlabelled bottles
Barry Smith KC, defending, said: “I am expressly instructed to convey the condolences of the company directors and all those associated with Tigh-Na-Muirn to the family of Mr Fyfe.
“It is to the utmost regret of the company and all those involved in the home that it failed in this isolated incident.
“It’s accepted there was a failure to ensure the risk posed by the Covid-specific cleaning agent Steri Germ was adequately assessed and controlled.
“Tragically, this arises because Steri Germ was stored in his room.
“The bottle was, unfortunately, unlabelled.
“There was an outbreak of Covid in the home and Mr Fyfe was one of those affected.
“Steri Germ was sourced in bulk and diluted and decanted into bottles and this may explain the absence of a label on the bottle in question.
“It is accepted unreservedly, with the benefit of hindsight, that Steri Germ ought not to have been stored in an accessible place in the room.
“They had no cause to imagine he might deliberately or accidentally ingest a cleaning agent.
“His condition did not manifest itself in risky behaviour and he was able to undertake his own personal care with minimal assistance.
“Clearly the ingestion of this agent is likely to cause serious harm and possibly – as in this case – death.”
‘Sincere condolences’
Sentence was deferred until May 10 by Sheriff Jillian Martin-Brown.
A spokesperson for Tigh-Na-Muirn Ltd told The Courier: “We would like to offer our sincere condolences to the family.
“We have learned from this tragedy and taken all the necessary steps to ensure this never happens again.”
The Care Inspectorate was approached for comment regarding any pending investigation into Mr Fyfe’s death.
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