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The Investigation of Events that followed the death of Cyril Mark Isaacs
(rule)

CHAPTER 24

Other features of the joint programme

Introduction

The preceding chapters have described the main features of the joint programme. This chapter covers two aspects of the programme that have not been described.

Reports to Ethics Committees and LRECs

A general principle of the operation of all Ethics Committees is that researchers whose protocols have been approved should submit progress reports to the Committees, and should inform the Committees of any major changes to the methodology of the approved project. Salford EC had this requirement in place throughout the 1980s and minuted progress reports and amendments received routinely.
The minutes and other papers of the Salford EC have been reviewed for the years from 1986 when the proposal by Dr Soni and Dr Deakin was approved. There is no further mention of this project to be found anywhere in the Salford EC's papers. This was notwithstanding the frequent reference to 'approval by Salford EC' in submissions that were made to other ECs.
The records of the other ECs that approved protocols from the joint programme were not available for me to review to see if progress reports had been submitted.
Dr Slater should have been reminded in 1991 of the obligation on researchers to submit progress reports to Ethics Committees when the Central Manchester REC approved the application he and Dr D'Souza had submitted, Chapter 14. The records provided by the joint programme do not contain any references to progress reports having been submitted to Ethics Committees.

Implications of HSC(IS)153 and the 1991 'Red book'

This circular was described in Chapter 6. It made clear that all research 'on the recently dead in NHS hospitals' should be referred for consideration. The circular does not appear to have prompted any action by the joint team to inform LRECs that Coroners' post mortems in NHS hospitals were the main source of the brains that they were collecting.
Fees to morticians
Morticians in NHS hospitals were accustomed in the mid 1980s to receiving 'item of service' fees.
Fees for Coroners' post mortems
Post mortem examinations undertaken for the Coroner were not regarded as part of a pathologist's NHS duties. The Coroner paid a fee to the pathologist for each post mortem undertaken. The Royal College of Pathologists at a meeting in November 2001 commented that it was customary for the pathologist to pay the mortician ten per cent of the fee he received from the Coroner(1). The post mortem fees received by the pathologist for an examination 'with specialist knowledge' were significantly higher than the standard fee, which was set by the Home Office. The mortician could expect to receive ten per cent of the higher fee.
Payments by undertakers
In some locations, morticians also received payments from undertakers for various services. These arrangements were agreed locally.

Payments for pituitaries

Chapter 5 describes the national pituitary gland collection arrangements. Morticians in hospital and public mortuaries had become accustomed to receiving a case-by-case fee for each pituitary collected within the scheme. Morticians were aware that the scheme had the active support of the then Ministry of Health and its successor departments.
Payments for brains for medical education
Chapter 4 referred to the collection of brains from the mortuary for the Anatomy Department at the University for teaching purposes. The practice of obtaining brains from mortuaries for undergraduate teaching was at that time widespread and is described in Chapter 36.
Anatomy departments paid morticians a small sum for each brain supplied for teaching purposes. At NMGH Mr Leatherbarrow had received such payments from the University Anatomy Department until October 1985.
Payments for brains for the joint programme
When the joint programme began, morticians who provided brains were offered a fee. No record was found of the initial fee, but the letter sent to Mr Leatherbarrow at NMGH on 17 October 1986 stated: 'We can arrange payment of £10 per brain before tax, which is deducted at source'.
A similar fee was offered to morticians in other mortuaries contributing brains to the programme. Mr Walkden, the mortician at Prestwich and later at Bury mortuary, and Mr Owen, the mortician at Rochdale mortuary, both received these fees.
By 1986 the pituitary collection programme had ceased. For comparative purposes, in 1980 the fee payable for NHS morticians for pituitary collection was consolidated into the pay scale agreed through the Whitley Council. Before this consolidation, the fee for each pituitary had been 20 pence.
Against this background, the offer of a fee to morticians for removal of each brain was not in itself remarkable, although some research teams, including the Cerebral Function Unit, did not pay any fees to the morticians. The £10 offered by the joint programme appears generous by comparison and has been interpreted as an inducement to encouraging morticians to provide as many brains as possible.
It is not clear why the letter to the mortician at NMGH was not copied to the hospital management or to any of the consultant pathologists.
Professor Deakin refutes that a fee of £10 for removal of each brain was unusual or that this level of fee would constitute a financial inducement. It should be noted, however, that the Cerebral Function Unit research programme did not offer any fee for brain removal although this, in some case, involved the morticians in extra work undertaken during unsocial hours.

Number of brains obtained from NMGH in 1994

Mr Leatherbarrow has retained all his pay advice slips from the University in respect of the brains he collected under the arrangements discussed in Chapter 13. From 1986 Mr Leatherbarrow only ever received payments from the University for brains that he had retained for the joint programme. From his payslips it can be calculated that he was paid for providing over 40 brains in 1994.
However, the brain books of the joint programme record that in 1994 only three brains were obtained from NMGH mortuary.
For earlier years the sums paid to Mr Leatherbarrow relate directly to the number of brains listed in the brain books. This highlights the discordance between payments made and the number of brains recorded in the brain books in 1994.
In this context three other points are relevant:

-  when the collection of brains from NMGH ended, Mr Leatherbarrow was told that the reason was unspecified problems about the collection arrangements for brains of Coroner's cases;

- Professor McClure's advice to Professor Deakin in 1995;

-  Professor Deakin's conversation with Mr Gorodkin in June 1995, Chapter 22.

Mr Leatherbarrow commented that, when the brain collection ended, he had noticed the difference it had made to his income.
The discordance between the number of brains recorded in the brain books and the number for which Mr Leatherbarrow received payment has not been explained.
Summary
There are no records that LRECs received progress reports.
The 1991 circular did not prompt any action by the team to inform LRECs of the main source of the brains they were collecting.
The payment of fees to morticians was common practice in the 1980s. A precedent had been set with the payment of fees for the collection of pituitaries within the national collection scheme.
Morticians were accustomed to receiving from pathologists a proportion of the fees paid by Coroners for each post mortem.
Fees for brains provided had been paid for many years to morticians by anatomy departments of Universities who obtained brains for teaching medical students.
The offer of a payment for each brain provided did not appear unusual, but no fee was paid for brains collected for the Cerebral Function Unit.
The fee of £10 in the late 1980s could be regarded as generous. At least one mortician considered the level provided an inducement as the extra work involved was minimal.
It is not clear why the letter to the mortician at NMGH was not copied to the hospital management or to one of the consultant pathologists.
Payments for brains were referred to in some of the grant applications made by the research team, Chapter 9.
The discordance between the sums paid for brains collected and the number of brains listed in the brain books in 1994 has not been explained.
References
1  Information provided by the Royal College of Pathologists.



 
       
 

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