Coronial
NSWother

Inquest into the death of Emmett Brown

Deceased

Emmett Brown

Demographics

25y, male

Coroner

Decision ofDeputy State Coroner Grahame

Date of death

2022-12-12

Finding date

2025-05-02

Cause of death

acute bronchopneumonia and methadone toxicity with high body mass index and obstructive sleep apnoea as contributing factors

AI-generated summary

Emmett Brown, a 25-year-old First Nations man, died in custody from acute bronchopneumonia and methadone toxicity, with obesity and obstructive sleep apnoea as contributing factors. He had been denied entry to the Buvidal opioid replacement therapy program in August 2022 despite showing 'red flags' for opioid dependence, with no timely reassessment before his death. Chronic disease screening (CDS)—mandatory for Aboriginal people—was never performed after 2021 due to system failures in recording his Indigenous status, missing opportunities to identify sleep apnoea and manage his weight gain (83.6kg to 124kg). On the morning of death, the head-check conducted by CO Papas at 6:15am was inadequate; an alarm clock activated at approximately 6:30am suggested Emmett was already unconscious. Key failures included: inadequate head-check procedures allowing potential missed identification of overdose; long wait times for drug and alcohol assessments (3 months); and serious incident response procedures permitting contamination of officer witness statements. Better clinical monitoring, timely follow-up assessments, completion of mandatory CDS, and robust incident reporting protocols could have prevented this death.

AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes. Report an inaccuracy.

Specialties

correctional healthaddiction medicinegeneral practiceemergency medicineforensic medicine

Error types

diagnosticsystemdelaycommunication

Drugs involved

methadoneprazosinbuprenorphinemirtazapineclonidine

Clinical conditions

opioid use disorderacute bronchopneumoniamethadone toxicityobstructive sleep apnoeaobesitymethylamphetamine use disorderintellectual disabilitycardiac enlargement

Procedures

head-check (observation of inmate wellbeing)chronic disease screeningdrug and alcohol assessmentcardiopulmonary resuscitation

Contributing factors

  • consumption of non-prescribed methadone whilst in custody
  • failure to perform mandatory chronic disease screening for Aboriginal inmate
  • failure to timely reassess and monitor inmate at risk of opioid dependence
  • long wait times for drug and alcohol assessments (3 months)
  • inadequate head-check procedure on morning of death
  • high BMI (38.75) and undiagnosed obstructive sleep apnoea
  • wide availability of diverted methadone and other unprescribed medications in custody
  • systemic failure to record Indigenous status in Justice Health electronic system

Coroner's recommendations

  1. CSNSW review written procedures and training for confirmation of inmate physical wellbeing during head-checks, including: (a) reviewing COPP 5.3 to clarify whether verbal AND physical response is required; (b) reviewing sufficiency of training for recruits and serving officers; (c) conducting refresher practical training for all custodial staff conducting head-checks; (d) reviewing Local Operating Procedures for consistency across correctional centres
  2. CSNSW review written procedures and training concerning incident response and reporting for medical emergencies and deaths in custody, including: (a) requiring separation of involved officers until incident reports completed, subject to operational considerations; (b) mandating officers not discuss events or review footage until reports submitted; (c) requiring senior officer to manage and supervise initial incident reporting; (d) providing clear guidance on what constitutes medical emergency
  3. Justice Health examine arrangements and resourcing regarding wait times for Drug and Alcohol assessments and reviews with aim of reducing wait times
Full text

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