Coronial
VICother

Finding into death of Robert Theodore Stewart

Deceased

ROBERT THEODORE STEWART

Demographics

59y, male

Coroner

Coroner Phillip Byrne

Date of death

2013-12-19

Finding date

2014-03-21

Cause of death

Disseminated carcinoma (metastatic adenocarcinoma of unknown primary origin)

AI-generated summary

Robert Theodore Stewart was a 59-year-old man with metastatic carcinoma of unknown primary origin who died in custody at Port Phillip Prison on 19 December 2013. He had been incarcerated since 2008 and diagnosed with disseminated cancer in January 2013, undergoing three chemotherapy courses at St Vincent's Hospital. In December 2013, his condition deteriorated significantly and he was admitted to St Vincent's Hospital where he executed a Not For Resuscitation order, expressing a wish to return to prison for end-of-life care rather than die in hospital. He was transferred back to Port Phillip Prison where he received pain relief and supportive nursing care until his death. The Coroner, having reviewed reports from the Office of Correctional Services Review and Justice Health, found no issues with his management and concluded he died of natural causes from disseminated carcinoma.

AI-generated summary — refer to original finding for legal purposes. Report an inaccuracy.

Specialties

oncologypalliative carecorrectional health

Contributing factors

  • metastatic adenocarcinoma with widespread metastases (brain, liver, spine, bones, lymph nodes)
  • progressive deterioration of condition in December 2013
Full text

IN THE CORONERS COURT OF VICTORIA AT MELBOURNE

Court Reference: 5853 / 2013

FINDING INTO DEATH WITH INQUEST

Form 37 Rule 60(1) Section 67 of the Coroners Act 2008

Inquest into the Death of: ROBERT THEODORE STEWART Delivered On: 21 March 2014

Delivered At: Coroners Court of Victoria Level 11, 222 Exhibition Street, Melbourne

Hearing Dates: 12 March 2014

Findings of: CORONER PHILLIP BYRNE

Police Coronial Support Unit Leading Senior Constable Tania Cristiano

I, PHILLIP BYRNE, Coroner, having investigated the death of ROBERT THEODORE STEWART

AND having held an inquest in relation to this death on 12 March 2014

at MELBOURNE

find that the identity of the deceased was ROBERT THEODORE STEWART born on 8 March 1954

and the death occurred on 19 December 2013

at St John’s Ward, Port Phillip Prison, 280 Palmers Road, Laverton North from:

1(a) Disseminated carcinoma

in the following circumstances:

  1. Mr Robert Stewart, 59 years of age at the time of his death, had been incarcerated in prison since 2008, serving a ten year sentence.

2s Mr Stewart was diagnosed with metastatic adenocarcinoma of unknown primary origin with metastasis to his brain, liver, spine, bones and auxiliary lymph nodes in January

  1. As a result he underwent three courses of chemotherapy at St Vincent’s Hospital in 2013.

3; Mr Stewart was transferred from Ararat prison in February 2013 due to his illness and had been housed in the St John’s Ward at Port Phillip prison since that date and had been diagnosed as for palliative care.

  1. On 12 December 2013 Mr Stewart was transferred from St John’s Ward at Port Phillip prison to St Vincent’s Hospital as his condition had further deteriorated.

  2. Following discussion with Mr Stewart’s niece and the health staff, Mr Stewart signed a Not For Resuscitation order and expressed a wish to be transferred back to St John’s Ward at Port Phillip prison as he did not want to die in hospital.

  3. Mr Stewart was subsequently transferred back to Port Phillip prison where he received pain relief and supportive nursing care until his death.

ys On 19 December 2013 at approximately 9.42 pm a personal care assistant observed that Mr Stewart exhibited no signs of life and informed nursing staff. Nursing staff responded immediately and confirmed that Mr Stewart had no vital signs of life. Dr McLaren formally pronounced Mr Stewart deceased at 11.10 pm.

  1. As Mr Stewart was in custody at the time of his death the matter was referred to the Coroner. Upon coronial direction an external examination was carried out along with a post mortem CT scan by Senior Forensic Pathologist Dr Michael Burke. The CT scan showed massive ascites, left pleural effusion and left lung mass. There was a probable metastasis within the right occipital lobe of the brain.

  2. Dr Burke confirmed that a reasonable cause of death would be disseminated carcinoma.

10, Both the Office of Correctional Services Review and Justice Health have reviewed this matter and provided copies of their reports to the court. J have perused these reports and have no issue with the management of Mr Stewart during his time as a prisoner. I find that Mr Stewart died of natural causes.

I direct that a copy of this finding be provided to the following: Mr Beau Stewart

Mr Jonathan Kaplan, Office of Correctional Services Review Mrs Melanie Kyezor, St Vincent’s Health

Senior Constable R McHutchinson, Werribee Police Station

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2 PHILLIP RNE CORONE!

Date: 21 March 2014

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