Andrea McHugh
PFD Report
Partially Responded
Ref: 2018-0060
Coroner's Concerns (AI summary)
Waivers for recreational water activities fail to disclose risks for participants with epilepsy or gather essential past medical history, compromising safety for vulnerable individuals.
View full coroner's concerns
1) Marinas Gaviota S.A allegedly require participants in the boat and snorkelling trip to sign a waiver. (copy attached). The waiver does not mention the dangers of swimming in the sea if a participant suffers from epilepsy.
2) Additionally the waiver does not request details of participants past medical history.
2) Additionally the waiver does not request details of participants past medical history.
Responses
Action Planned
Thomas Cook will request that Groupo Turismo Gaviota S.A. amend their waiver form to include reference to epilepsy, review the waiver form to include reference to any medical history that may make it dangerous for their customers to go in to the sea, and conduct a wider review of supplier processes in connection with sea-based excursions. (AI summary)
Thomas Cook will request that Groupo Turismo Gaviota S.A. amend their waiver form to include reference to epilepsy, review the waiver form to include reference to any medical history that may make it dangerous for their customers to go in to the sea, and conduct a wider review of supplier processes in connection with sea-based excursions. (AI summary)
View full response
Dear Madam Inquest into the death of Andrea McHugh We acknowledge receipt of your letter dated 27 February 2018 and accompanying prevention of future deaths report. In particular we note the observations in the section of your report which deals with your concerns. Before responding to your observations, we would like to express our sincere sympathy to the family of Ms McHugh and our sadness at her death. Thomas Cook has assessed the position carefully and has decided to immediately engage with Groupo Turismo Gaviota S.A. (“Gaviota”) to request that they amend their waiver form for the Sunrise excursion to include reference to epilepsy as a relevant medical condition which may make it dangerous for our customers to go in to the sea due to the increased risk of injury.
Thomas Cook then intends to review whether we request Gaviota make further amendment to their waiver to include reference to any medical history that may make it dangerous for our customers to go in to the sea and therefore should be included in the waiver. If further amendment is required it is envisaged that it will be necessary for Thomas Cook to obtain expert medical advice in respect of this to ensure appropriate relevant medical history is included.
Thomas Cook will also conduct a wider review of our supplier processes in connection with sea based excursions to ensure any risks to our customers are reduced as far as reasonably practicable. Thank you for the opportunity to respond to your observations.
Thomas Cook then intends to review whether we request Gaviota make further amendment to their waiver to include reference to any medical history that may make it dangerous for our customers to go in to the sea and therefore should be included in the waiver. If further amendment is required it is envisaged that it will be necessary for Thomas Cook to obtain expert medical advice in respect of this to ensure appropriate relevant medical history is included.
Thomas Cook will also conduct a wider review of our supplier processes in connection with sea based excursions to ensure any risks to our customers are reduced as far as reasonably practicable. Thank you for the opportunity to respond to your observations.
Sent To
- Thomas Cook
Response Status
Linked responses
1 of 2
56-Day Deadline
3 Aug 2018
About PFD responses
Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.
Source: Courts and Tribunals Judiciary
Report Sections
Investigation and Inquest
On 27/07/2016 I commenced an investigation into the death of Andrea McHugh whose date of birth was 10/07/1988. The investigation concluded at the end of the inquest on 31/01/2018. The medical cause of death was:
1a) Drowning
The conclusion was Accidental death
1a) Drowning
The conclusion was Accidental death
Circumstances of the Death
Andrea Marie McHugh went on holiday to Cuba in June 2016. She was a young lady who was diagnosed in 2006 with epilepsy. In 2015 she was diagnosed with temporal lobe epilepsy and had a brain operation. Following the surgery she continued to experience seizures around once per month.
Andrea booked her holiday with Thomas Cook. She arranged to go on a boat trip on 17th June 2016 to swim with the dolphins and later snorkel which was organised by Groupo Turismo Gaviota S.A.
Whilst snorkelling it was noted that Andrea was floating in the sea. She was brought onto the boat where resuscitation measures were attempted and she was later conveyed to hospital where her death was confirmed on the same date at 11.20 hours.
Andrea booked her holiday with Thomas Cook. She arranged to go on a boat trip on 17th June 2016 to swim with the dolphins and later snorkel which was organised by Groupo Turismo Gaviota S.A.
Whilst snorkelling it was noted that Andrea was floating in the sea. She was brought onto the boat where resuscitation measures were attempted and she was later conveyed to hospital where her death was confirmed on the same date at 11.20 hours.
Copies Sent To
2. Thomas Cook
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.