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Anatomy of an In-Custody Death— Medical Causation Issues Dr. Gary Vilke UC San Diego School of Medicine 200 W. Arbor Drive San Diego, CA 92103 (619) 543-6400 Dr. Gary Vilke is a professor at the Department of Emergency Medicine at the University of California, San Diego, (UCSD), and is the former medical director for the County of San Diego Emergency Medical Services and chief of staff for UCSD. Dr. Vilke currently serves as the co-cirector for Custody Services, as well as the medical director for risk management at UCSD. He did his undergraduate training at UC Berkeley and medical school training at UCSD. He finished his emergency medicine residency at UCSD in 1996 and has been on the faculty since. His research focus is in the areas of tactical medicine and prehospital care with over 200 peerreviewed publications and 50 book chapters, including over 40 articles on topics including positional asphyxia, weight force on the back, OC spray, neck holds, restraint chairs, Excited Delirium Syndrome and the TASER. Anatomy of an In-Custody Death— Medical Causation Issues Table of Contents I.Introduction................................................................................................................................................293 II. Excited Delirium Syndrome (EXDS): Defining Based on a Review of the Literature............................294 III. Emergency Department Evaluation After Conducted Energy Weapon Use: Review of the Literature for the Clinician..............................................................................................................303 IV. Evaluation of the Ventilatory Effects of the Prone Maximum Restraint (PMR) Position on Obese Human Subjects..........................................................................................................................310 Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 291 Anatomy of an In-Custody Death—Medical Causation Issues I.Introduction The following papers are intended to prepare readers to learn about the current science and medical issues related to various theories of causation in in-custody lawsuits and the types of experts that can help you challenge a plaintiff ’s causation arguments involved in common issues such as excited delirium syndrome and the physiologic effects of conducted electrical weapons and prone positioning. Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 293 II. Excited Delirium Syndrome (EXDS): Defining Based on a Review of the Literature The Journal of Emergency Medicine, Vol. 43, No. 5, pp. 897–905, 2012 Copyright 2012 Elsevier Inc. Printed in the USA. All rights reserved 0736-4679/$ - see front matter doi:10.1016/j.jemermed.2011.02.017 Clinical Reviews EXCITED DELIRIUM SYNDROME (EXDS): DEFINING BASED ON A REVIEW OF THE LITERATURE Gary M. Vilke, MD,* Mark L. DeBard, MD,† Theodore C. Chan, MD,* Jeffrey D. Ho, MD,‡ Donald M. Dawes, MD,§j Christine Hall, MD, MSC,{** Michael D. Curtis, MD,††‡‡ Melissa Wysong Costello, MD,§§ Deborah C. Mash, PHD,jj Stewart R. Coffman, MD,{{ Mary Jo McMullen, MD,*** Jeffery C. Metzger, MD,††† James R. Roberts, MD,‡‡‡ Matthew D. Sztajnkrcer, MD, PHD,§§§ Sean O. Henderson, MD,jjj Jason Adler, MD,{{{ Fabrice Czarnecki, MD, MA, MPH,**** Joseph Heck, DO,†††† and William P. Bozeman, MD‡‡‡‡ *University of California at San Diego Medical Center, San Diego, California, †Ohio State University College of Medicine, Columbus, Ohio, ‡Hennepin Co. Medical Center/University of Minnesota, Minneapolis, Minnesota, §University of Louisville, Louisville, Kentucky, jLompoc Valley Medical Center, Lompoc, California, {University of British Columbia Victoria, British Columbia Canada, **University of Calgary, Calgary, Alberta Canada, ††St. Michael’s Hospital, Stevens Point, Wisconsin, ‡‡St. Clare’s Hospital, Weston, Wisconsin, §§University of South Alabama, Mobile, Alabama, jjUniversity of Miami, Miami, Florida, {{University of Texas, SW Dallas, Lewisville, Texas, ***Northeastern Ohio University College of Medicine, Akron, Ohio, †††University of Texas, Southwestern Medical Center, Dallas, Texas, ‡‡‡Drexel University College of Medicine, Mercy Catholic Medical Center, Philadelphia, Pennsylvania, §§§Mayo School of Medicine, Rochester, Minnesota, jjjKeck School of Medicine of the University of Southern California, Los Angeles, California, {{{University of Maryland, Baltimore, Maryland, ****St. Joseph Medical Center, Towson, Maryland, ††††Touro University – Nevada, Henderson, Nevada, and ‡‡‡‡Wake Forest University, Winston Salem, North Carolina Reprint Address: Gary M. Vilke, MD, Department of Emergency Medicine, UC San Diego Medical Center, 200 West Arbor Drive, Mail code #8676, San Diego, CA 92103 , Abstract—Background: Patients present to police, Emergency Medical Services, and the emergency department with aggressive behavior, altered sensorium, and a host of other signs that may include hyperthermia, ‘‘superhuman’’ strength, diaphoresis, and lack of willingness to yield to overwhelming force. A certain percentage of these individuals will go on to expire from a sudden cardiac arrest and death, despite optimal therapy. Traditionally, the forensic community would often classify these as ‘‘Excited Delirium’’ deaths. Objectives: This article will review selected examples of the literature on this topic to determine if it is definable as a discrete medical entity, has a recognizable history, epidemiology, clinical presentation, pathophysiology, and treatment recommendations. Discussion: Excited delirium syndrome is characterized by delirium, agitation, acidosis, and hyperadrenergic autonomic dysfunction, typically in the setting of acute-on-chronic drug abuse or serious mental illness or a combination of both. Conclusions: Based upon available evidence, it is the consensus of an American College of Emergency Physicians Task Force that Excited Delirium Syndrome is a real syndrome with uncertain, likely multiple, etiologies. 2012 Elsevier Inc. , Keywords—excited delirium; in-custody death; sudden death; TASER; restraint; agitated delirium INTRODUCTION The term ‘‘Excited Delirium’’ has been used to refer to a subcategory of delirium that has primarily been described retrospectively in the forensic literature. It has also been referred to as ‘‘Agitated Delirium’’ and is closely associated with the ‘‘Sudden Death in Custody Syndrome.’’ Originally, the concept of excited delirium was described in the forensic literature and has been synonymous with death, but over time the term has made its way into the emergency medicine, psychiatric, law enforcement, prehospital, and medicolegal literature. It RECEIVED: 26 February 2010; FINAL SUBMISSION RECEIVED: 31 August 2010; ACCEPTED: 20 February 2011 897 294 ■ Civil Rights and Governmental Tort Liability ■ January 2015 898 G. M. Vilke et al. has generally been used to describe patients displaying altered mental status with severe agitation and combative or assaultive behavior that has eluded a unifying, prospective clinical definition. For the remainder of this article, these kinds of cases will be referred to as the Excited Delirium Syndrome (ExDS). The difficulty surrounding the clinical identification of ExDS is that the spectrum of behaviors and signs overlap with many other clinical disease processes. Treatment interventions targeting these alternate diagnoses (e.g., acute hypoglycemia) may potentially alleviate the clinical presentation of the ExDS. Faced with the lack of a clear definition and cause, as well as the infrequency of events such that individual practitioners are unlikely to encounter large numbers of cases, the decision to identify ExDS as a syndrome instead of a unique disease has been delayed, somewhat similar to the decades-long controversy over Sudden Infant Death Syndrome. The problem is that a small percentage of patients with ExDS progress to sudden cardiopulmonary arrest and death. Although many of the current deaths from ExDS are likely not preventable, there may be an unidentified subset in whom death could be averted with an early directed therapeutic intervention. In fact, it is impossible at present to know how many patients with this type of clinical presentation have received a therapeutic intervention that halted a terminal progression, or whether this is a spectrum of severity to a disease state that causes death to only a few of its victims. In response to increased reports and lay media coverage of sudden deaths in severely agitated subjects, along with lack of clarity and consistency among the medical community regarding ExDS, the American College of Emergency Physicians (ACEP) convened a Task Force of experts in the field of excited delirium. Experts included emergency physicians published in the field, forensic pathologists researching in the field, and tactical Emergency Medical Services (EMS) physicians. The expertise was extended to include researchers knowledgeable in Sudden Death in Custody Syndrome, positional asphyxia, conducted energy devices, and tactical medicine. This Task Force was charged with reviewing the body of literature available and coming to a consensus, if possible, to define two major questions: 1. Does the entity commonly referred to as ‘‘excited delirium’’ exist as a separate disease? And if it does, 2. Can it be better defined, identified, and treated? In this article, the Task Force provides a review of the history and epidemiology of ExDS along with a discussion of the potential pathophysiology, clinical and diagnostic characteristics, differential diagnoses, and treatment. The goal is to determine if ExDS is a disease, and if so, to educate those who have to provide care for the victims, which would include medical and public organizations, including first responders, law enforcement, physicians, and other health care providers. METHODS ACEP convened a consensus group of experts in the field of ExDS who have conducted research on or are nationally recognized as having specific expertise in ExDS. The group was selected by assessing all ACEP members who have published significant writings beyond case reports in the areas of Sudden Death in Custody Syndrome, positional asphyxia, conducted energy devices, and tactical medicine. These individuals were invited to participate and queried for other ‘‘experts’’ in the field and those individuals were also invited. All but one of the invitees participated. The group met by teleconference three times and communicated electronically, and subsequently met in person on two separate occasions: a 2-day retreat dedicated to the review and drafting of a consensus paper, and a second time to finalize the working document. The medical literature was reviewed to include key word and topic searches on excited delirium, agitated delirium, acute exhaustive mania, sudden in-custody death, in-custody death syndrome, TASER (TASER International Inc., Scottsdale, AZ), electronic control devices, conducted electrical weapons, positional restraint, restraint asphyxia, positional asphyxia, and less lethal weapons. Additionally, other special reports, text books and chapters, agency reports, and governmental reviews were evaluated. The task force reviewed these materials for appropriateness to the topic and the quality of the work. Studies included for the final review were limited to randomized controlled trials, clinical trials, prospective and retrospective cohort studies, and meta-analyses in human subjects. Case reports, case series, and general review articles were not included for the selection criteria for formal rigorous review but were utilized for the compilation of the published signs and symptoms. DISCUSSION ExDS History For more than 150 years, there have been case reports that do not use the exact term ‘‘excited delirium,’’ yet describe a similar constellation of symptoms and features. These cases discuss clinical behavior and outcomes that are strikingly similar to the modern-day concept of ExDS (1). These historical cases occurred primarily within institutions that housed mentally disturbed individuals in protective custody due to their violent and aggressive Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 295 Excited Delirium Syndrome behavior. At that time, there was lack of effective pharmacologic treatment available for these patients. The behavior seen in these cases has been called ‘‘Bell’s Mania,’’ named after Dr. Luther Bell, the primary psychiatrist at the McLean Asylum for the Insane in Massachusetts. Dr. Bell was the first to describe a clinical condition that took the lives of over 75% of those suffering from it. Based on the clinical features and outcomes of the institutionalized cases from the 1800s, when compared to the presently accepted criteria known to accompany ExDS, it may well be the case that Bell’s Mania is related to the syndrome of ExDS that we witness today. The incidence of the problem behaviors and sudden death described in the 1800s seemed to decline drastically by the mid-1950s (2). This has been largely attributed to the advent of modern antipsychotic pharmaceutical therapy used for these patients with severe behavior issues. In the 1980s, there was a dramatic increase in the number of reported cases with behavior similar to an uncontrolled psychiatric emergency. Whereas some seemed to be unchecked psychiatric disease, most of these cases were found to be associated with the introduction and abuse of cocaine in North America (3,4). Since then, this connection between ExDS and cocaine has continued (5). Additionally, ExDS has now been recognized to occur in association with other illicit drugs of abuse, particularly cocaine, methamphetamine, and PCP, as well as with certain types of mental illness and their associated treatment medications (6–10). Before the mid-1980s, there was no single unifying term to describe the clinical pattern seen in these patients. In 1985 a subset of cocaine deaths was described by Wetli and Fishbain in a seminal article that coined the term ‘‘excited delirium’’ (11). The typical patient involves an acute drug intoxication, often a history of mental illness (especially those conditions involving paranoia), a struggle with law enforcement, physical or noxious chemical control measures that may include an electrical control device (ECD) application, sudden and unexpected death, and an autopsy that fails to reveal a definite cause of death from trauma or natural disease. As a consequence of the circumstances surrounding the death and the lack of a definitive cause on autopsy, there has been continued debate about the validity of the term ‘‘excited delirium.’’ This debate continues today. There are those who believe it to be a convenient term used to excuse and exonerate law enforcement personnel when someone dies while in their custody. It has been articulated by some that ExDS is a term or concept that has been ‘‘manufactured’’ as a law enforcement conspiracy or cover-up for brutality (12). This argument mainly centers on the fact that most organized medical associations, like the American Medical Association, and medical coding reference materials in- 899 cluding the International Classification of Disease, Ninth Revision (ICD-9) do not recognize the exact term ‘‘excited delirium’’ or ‘‘excited delirium syndrome’’ (13). The countering argument is that there are organized medical associations, including the National Association of Medical Examiners and the American College of Emergency Physicians, that do recognize ExDS as an entity. Additionally, the ICD-9 does contain several codes that can be and are used to describe the same entity as ExDS (Table 1). This semantic issue does not indicate that ExDS does not exist, but it does mean that this exact and specific terminology may not yet be accepted within some organizations or references. Epidemiology The exact incidence of ExDS is impossible to determine as there is no current standardized case definition by which to identify ExDS. In addition, because ExDS is discussed mainly in the forensic literature, and is a diagnosis of exclusion established on autopsy, there is little documentation about survivors, which have led some to believe the syndrome to be near-uniformly fatal. However, some Task Force members have reported caring for multiple patients with ExDS who have survived. A published observational study suggests that the incidence of death among patients manifesting signs and symptoms that may be consistent with ExDS is < 10% (14). An exact figure is difficult to ascertain because it is believed that repetitive exposure to triggering substances, such as cocaine or mental health medications, leads to kindling events in the brain that start the patient down the progressive path of ExDS, with each subsequent presentation becoming worse until death occurs (15,16). A review of the literature reveals common characteristics among patients identified post-mortem as suffering from ExDS. More than 95% of all published fatal cases involve men at a mean age of 36 years (17–24). These subjects are hyper-aggressive with bizarre behavior, and are typically impervious to pain, combative, hyperthermic, and tachycardic. There is typically a struggle with law enforcement Table 1. ICD-9 Codes that Describe the Same Entity as ExDS 296.00S Manic Excitement 293.1J Delirium of Mixed Origin 292.81Q Delirium, drug induced 292.81R Delirium, induced by drug 307.9AD Agitation 780.09E Delirium 799.2AM Psychomotor Excitement 799.2V Psychomotor Agitation 799.2X Abnormal Excitement ICD = International Classification of Diseases; ExDS = Excited Delirium Syndrome. 296 ■ Civil Rights and Governmental Tort Liability ■ January 2015 900 G. M. Vilke et al. that involves physical, noxious chemical, or ECD use followed by a period of quiescence and sudden death. The majority of cases involve stimulant abuse, most commonly cocaine, although methamphetamine, PCP, and LSD have also been described (25,26). As more attention is drawn to ExDS as a recognized entity, it is likely that other drugs of abuse may be identified as also etiologic. Persons with psychiatric illnesses comprise the other cohort of ExDS cases and deaths. The literature on ExDS frequently cites abrupt cessation of psychotherapeutic medications as a cause (27). This raises the question of whether the behavioral changes seen in this context represent withdrawal syndromes characteristic of the medications involved, central nervous system adaptations to medications, or recrudescence of underlying disease. Health care providers should be aware that medication noncompliance in psychiatric patients is a potential cause for ExDS. Less commonly, persons with new-onset psychiatric disease, particularly with manic or psychotic features, will present with ExDS (14). In most cases, the underlying psychiatric disease will be untreated at the time of presentation, but in some cases the psychiatric illness may be partially treated or mistreated. Over a 2-year period, the presence or absence of 10 potential clinical features of ExDS was recorded by Canadian police for cases seen in over 1 million policepublic interactions (28). The features of ExDS looked for included pain tolerance, tachypnea, sweating, agitation, tactile hyperthermia, non-compliance with police, lack of tiring, unusual strength, inappropriately clothed, and mirror or glass attraction (which has been referred to in the forensic literature as a possible commonality in ExDS deaths). Of the 698 encounters involving use of force, 24 (3.4%) probable ExDS cases were identified based upon the presence of perceived abnormal behavior and at least six of the 10 potential clinical criteria for ExDS. Eighteen (2.7%) of the cohort manifested seven or more features, including tactile hyperthermia. Pathophysiology The actual pathophysiology of patients who have been previously identified with signs and symptoms of ExDS is complex and poorly understood. The fundamental manifestation is delirium. As described above, there are several different potential underlying associations or causes, including stimulant drug abuse, psychiatric disease, psychiatric drug withdrawal, and metabolic disorders. Unknown mechanisms lead from these conditions to the overt ExDS state. Specific manifestations vary among different cases. We do not fully understand why some cases progress to death and some do not. Although our knowledge about the etiology and pathophysiology of ExDS is limited, basic science and clinical studies have provided some insight. Stimulant drug use, especially cocaine, is associated with ExDS (17,19– 21,24,29). Post-mortem toxicological analysis of fatal cocaine-associated ExDS patients demonstrates cocaine concentrations similar to those found in recreational drug users and less than those noted in acute cocaine ‘‘overdose’’ deaths, suggesting a different mechanism of death. Although some individuals have had alcohol in their system at the time of death, many cases are not associated with alcohol ingestion, intoxication, or known dependency. Subsequent anatomic and molecular characterization of this group of fatal ExDS patients has focused primarily on postmortem brain examination findings. Results demonstrate a characteristic loss of the dopamine transporter in the striatum of chronic cocaine abusers who die in police custody from apparent ExDS. This suggests that one potential pathway for the development of ExDS is excessive dopamine stimulation in the striatum, but the significance of this in the larger context of ExDS unrelated to chronic cocaine abuse remains unknown (30,31). Making a central dopamine hypothesis more appealing is the fact that hypothalamic dopamine receptors are responsible for thermoregulation. Disturbances of dopamine neurotransmission may help explain the profound hyperthermia noted in many ExDS patients (18). Postmortem studies in these patients have demonstrated elevated levels of heat shock proteins. The central dopamine hypothesis also provides a link to psychiatric etiologies of ExDS, such as schizophrenia. Although the specific precipitants of fatal ExDS remain unclear, epidemiologic and clinical reports provide some clues to the underlying pathophysiology. When available, cardiac rhythm analysis demonstrates bradyasystole or pulseless electrical activity; ventricular dysrhythmias are rare, occurring in only a single patient in one study (19). The majority of lethal ExDS patients die during or shortly after a violent struggle. Severe acidosis seems to play a prominent role in lethal ExDSassociated cardiovascular collapse (32). Clinical Characteristics Because ExDS resulting in death does not currently have a known specific etiology or a consistent single anatomic feature, it can only be described by its epidemiology, commonly described clinical presentation, and usual course. The minimum features for ExDS to be considered include the presence of both delirium and an excited or agitated state. As described in the Diagnostic and Statistical Manual of Mental Disorders, the features of delirium are constant and defined by a disturbance of consciousness (reduced clarity of the awareness of the environment) with reduced ability to focus, sustain, or shift Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 297 Excited Delirium Syndrome attention (33). The perceptual disturbance develops over a short period of time (usually hours to days), may fluctuate during the course of a day, and is not accounted for by underlying dementia. Due to varied underlying medical conditions that may generate ExDS, there is also variation in the specific symptom cluster. As in any disorder that affects mental status, there is no assumption that each subject’s presentation will have the same clinical presentation; however, all patients with ExDS present delirious with evidence of psychomotor and physiologic excitation. Lacking either of these findings eliminates ExDS as a diagnosis. Historically in ExDS, there is typically a component of illicit drug use or psychiatric illness, particularly schizophrenia. Clinical findings in subjects who die with a post-mortem diagnosis of ExDS typically have many or most of the features listed in Table 2. Differential Diagnosis Almost any drug, toxin, extraneous substance, psychiatric or medical condition, or biochemical or physiologic alteration in the body can cause acute changes in behavior or mental status. The general public, law enforcement, EMS, and even highly trained medical personnel will not be able to readily discern the cause of an acute behavioral disturbance, or differentiate a specific organic disease from ExDS based solely on observation. Several specific entities that cause altered mental status and may mimic ExDS deserve specific mention. Diabetic hypoglycemic reactions have been associated with outbursts of violent behavior and an appearance of intoxication. Heat stroke may manifest as tactile hyperthermia, rhabdomyolysis, and delirium, and may be associated with neuroleptic use and mental illness. Thyrotoxicosis may manifest a similar clinical presentation, especially during episodes of thyroid storm. Serotonin syndrome and neuroleptic malignant syndrome (NMS) may share some clinical characteristics with ExDS. However, they usually do not share the aggressive violent behavior manifested by patients with ExDS. Psychiatric issues may mimic ExDS. Some patients experience behavioral disturbances directly due to psychotropic drug withdrawal or noncompliance. Substance abuse is also very common in psychiatric patients. Many psychiatric conditions themselves, including acute paranoid schizophrenia, bipolar disorder, and even emotional rage from acute stressful social circumstances, may mimic an ExDS-like state. Sudden unexpected death is the hallmark of fatal ExDS. The differential diagnosis for sudden death includes ischemic or drug-induced sudden cardiac death, stress, or Takotsubo cardiomyopathy, inherited or acquired long QT syndrome, Brugada syndrome, and less 901 Table 2. ExDS Features by Literature Review (n = 18) No. Articles Features in history Male gender Mean age 30s Sudden onset History of mental illness History of psychostimulant abuse Features evident at scene Call for disturbance/psychomotor agitation/ excitation Violent/combative/belligerent/assault call Not responding to authorities/verbal commands Psychosis/delusional/paranoid/fearful Yelling/shouting/guttural sounds Disrobing/inappropriate clothing Violence toward/destruction of inanimate objects Walking/running in traffic Subject obese Features evident on contact Significant resistance to physical restraint Superhuman strength Impervious to pain Continued struggle despite restraint Profuse sweating/clammy skin Features with clinical assessment Tachypnea Tachycardia Hyperthermia Hypertension Acidosis Rhabdomyolysis Features of death Period of tranquility/‘‘giving up’’ Sudden collapse after restraint Respiratory arrest described Cardiac rhythm brady-asystole or PEA Aggressive resuscitation unsuccessful Features on autopsy Drug screen positive for psychostimulants Drug levels lower than anticipated No anatomic correlate for death Dopamine transporter dysregulation 16 16 4 8 11 18 11 1 13 7 5 7 3 5 11 8 3 7 3 1 7 12 3 3 5 4 12 5 4 5 9 3 6 2 ExDS = Excited Delirium Syndrome; PEA = Pulseless electrical activity. This table lists the features of ExDS based on a review of the medical literature including 18 articles. The table is divided to indicate features based on the medical history of the subject, features that are observed in the company of the subject, features that are evident upon physical contact, features that are evident only with clinical assessment like vital signs, features that are described if the subject dies, and finally, features that are described on autopsy. common entities such as Cannon’s ‘‘voodoo’’ death, lethal catatonia, and sudden unexplained death in epilepsy (SUDEP). Treatment and Protocols In the absence of clearly stated case definitions and prospective clinical studies, treatment of ExDS remains largely speculative and individually styled, directed towards supportive care and reversal of obvious clinical 298 ■ Civil Rights and Governmental Tort Liability ■ January 2015 902 G. M. Vilke et al. and laboratory abnormalities. The specific circumstances under which medical interventions will provide benefit are currently unclear. Nonetheless, there are current medical approaches that have consensus support. Most authorities, including the Task Force, posit the beneficial use of aggressive chemical sedation as first-line intervention, though the specific medications may vary based on individual practice. Restraint will often be necessary for safety of the staff as well as the patient, but should be done in conjunction with aggressive chemical sedation. As with any critically ill patient, treatment should proceed concurrently with evaluation for precipitating causes or additional pathology. In subjects who do not respond to verbal calming and de-escalation techniques, control measures are a prerequisite for medical assessment and intervention. When necessary, this should be accomplished as rapidly and safely as possible. There are well-documented cases of ExDS deaths with minimal restraint such as handcuffs without ECD or maximal ‘‘hogtie’’ restraint use. The use of multiple personnel with training in safe physical control measures is prudent. Recent research indicates that physical struggle is a much greater contributor to catecholamine surge and metabolic acidosis than other causes of exertion or noxious stimuli (34). Because these parameters are thought to contribute to poor outcomes in ExDS, the specific physical control methods employed should optimally minimize the time spent struggling, while safely achieving physical control. After adequate physical control is achieved, medical assessment and treatment should be immediately initiated. Indeed, because cardiopulmonary arrest might occur suddenly, EMS should ideally be present and prepared to resuscitate before definitive law enforcement officer control measures are initiated, when possible. Although the need for control measures may initially take precedence, initial assessment should include vital signs, cardiac monitoring, intravenous (i.v.) access, glucose measurement, pulse oximetry and supplemental oxygen, and careful physical examination. Several Task Force members who have cared for witnessed ExDS sudden death patients have experienced unsuccessful resuscitations even when the cardiopulmonary arrest occurs in the setting of a well-staffed and well-equipped hospital emergency department (ED). This implies that some patients who develop ExDS and go into cardiac arrest will not be resuscitated, and that the cardiac arrest in these individuals is a terminal event despite optimal management. Agitation. Agitation, hyperthermia, and acidosis are all major components of ExDS that should be managed with standard medical interventions. The approach to each of these components is described below. For the treatment of agitation, the i.v. route is preferred if available; however, intramuscular or intranasal transmucosal administration of sedative agents may be needed initially to facilitate i.v. placement. Commonly used agents include benzodiazepines (midazolam, lorazepam, diazepam), antipsychotics (haloperidol, droperidol, ziprasidone, olanzapine), and the dissociative agent ketamine (35–37). The Food and Drug Administration has issued ‘‘black box’’ warnings regarding potential serious adverse effects (QT prolongation and torsades de pointes) with the use of haloperidol and droperidol. Clinicians should use their best clinical judgment regarding the risk/benefit ratio on a case-by-case basis. The actual effective dose of all suggested medications is unknown. Because these agents have respiratory and cardiovascular effects, continuous monitoring of both heart and lungs should be performed as soon as feasible whenever parenteral sedation is administered. Hyperthermia. Empiric treatment for hyperthermia may be initiated based on qualitative assessment (i.e., tactile hyperthermia) when needed, though core temperature measurement is preferred when available and practical (38). Basic cooling methods include removal of clothing and placement in a cool environment. Active external cooling may be initiated, with misting of water on exposed skin, providing air flow to enhance evaporative cooling, and placement of ice packs at the neck, axillae, and groin. Rapid cooling by infusion of cold saline i.v. has been shown to be effective in a number of other settings and can also be used. Care must be taken to avoid treatment ‘‘overshoot’’ leading to hypothermia. Once the patient is stabilized in the ED or hospital setting, additional measures may be considered. In refractory or severe cases, immersion in cool water can rapidly reduce core body temperature, though this will present difficulty with monitoring and treatment. A variety of external and internal temperature control devices are now available and may also be considered. If NMS or malignant hyperthermia is suspected, dantrolene may be indicated. Acidosis. Metabolic acidosis and hypovolemia are thought to be common in ExDS (32). If suspected based on the clinical situation or physical examination, fluid resuscitation with intravenous fluids is prudent. In severe cases, sodium bicarbonate may be used either empirically or based on laboratory results revealing significant acidosis. Controversy exists regarding empiric use of sodium bicarbonate; the efficacy of supplemental sodium bicarbonate is unknown, and has not been supported as routine therapy for the metabolic acidosis of cardiac arrest. Hyperventilation is the body’s normal compensatory Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 299 Excited Delirium Syndrome mechanism for correcting acidosis. Control measures that might interfere with ventilation should be avoided. In some cases, patients have been treated with muscle paralytic agents in the hope of preventing further metabolic acidosis from movement when chemical sedation has proven to be insufficient. Mechanical hyperventilation is also deemed useful. Rhabdomyolysis and Hyperkalemia. Other components of ExDS may include rhabdomyolysis and hyperkalemia. Rhabdomyolysis is initially managed by fluid administration and urine alkalinization with sodium bicarbonate. These interventions may have already been initiated empirically for other components of ExDS before laboratory results allow confirmation of rhabdomyolysis. Hyperkalemia may also be treated with standard interventions. 903 serum toxicology, thyroid functions, and blood and (if fatal) anatomic brain specimens for genetic, heat shock proteins, and neurochemical analyses. Creating such a registry would also allow the scientific community to begin the process of identifying common characteristics on a large scale as well as comparing therapies. Without including suspected cases and survivors, no meaningful conclusions can be reached that would allow the development of case definitions, etiologies, and treatments. Studies should address the role of law enforcement control techniques and devices in the death of subjects with ExDS. Finally, research is needed to establish field protocols and techniques that allow police, EMS, and hospital personnel to interact with these agitated, aggressive patients in a manner safe for both the patients and the providers. CONCLUSION Future Directions The primary issues surrounding identifying and studying ExDS and subsequent therapeutic interventions are the lack of well-defined, consistent epidemiological case definition and overlap with other established diseases. In those cases where a death occurs while in custody, there is the additional difficulty of separating any potential contribution of control measures from the underlying pathology. For example, was death due to police actions or from ExDS, or from interplay of all these factors? Furthermore, there is no clear proof of the most effective control measures or therapy for the extremely agitated and delirious patient. Sedative or dissociative agents such as benzodiazepines, major tranquilizers, and ketamine are suggested and used regularly, but there is no evidence yet to prove that these will result in a lower morbidity or mortality. Future research should focus on several areas. Animal models should be developed to begin to better understand the pathophysiology of ExDS. In humans, a consistent case definition should be developed and applied in a large epidemiologic prospective study or from a national or international database of suspected cases, including those who survive. At a molecular level, and based upon post-mortem cocaine-associated ExDS brain tissue, there may be a genetic basis for susceptibility to ExDS. Development of a national orphan case report registry is recommended. This registry would be important in beginning to define the course of ExDS, and might eventually provide for earlier recognition of individuals at risk. For these purposes, thorough documentation of the patient’s signs and symptoms along with appropriate testing should occur in suspected cases, including the presence of sweating or muscle rigidity, temperature, pulse, respiratory rate, blood pressure, venous blood gases, urine and Based upon available evidence, it is the consensus of the Task Force that ExDS is a real syndrome with uncertain, likely multiple, etiologies. It is characterized by delirium, agitation, acidosis, and hyperadrenergic autonomic dysfunction, typically in the setting of acute-on-chronic drug abuse or serious mental illness. Research suggests the pathophysiology may include genetic susceptibility and chronic stimulant-induced abnormalities of dopamine transporter pathways, along with elevation of heat shock proteins in fatal cases. There are insufficient data at this time to determine whether fatal ExDS is preventable, or whether there is a point of no return after which the patient will die regardless of advanced life support interventions. The risk of death is likely increased with physiologic stress. Attempts to minimize such stress are needed in the management of these patients. Ideally, any necessary law enforcement control measures should be combined with immediate sedative medical intervention to attempt to reduce the risk of death. For diagnostic and research purposes, thorough assessment and documentation of a suspected ExDS patient’s signs and symptoms, along with appropriate testing, should occur. Doing so would play an important role in creating a large database of cases for study and scientific investigation. The ante-mortem diagnosis in the prehospital or ED setting depends upon clinical characteristics and the exclusion of alternative disease processes. It is our consensus opinion that rapid and appropriate control measures, and immediate administration of supportive care and sedation, such as i.v. benzodiazepines or ketamine, intramuscular ketamine, or intranasal midazolam, may be lifesaving by preventing deterioration into sudden death. 300 ■ Civil Rights and Governmental Tort Liability ■ January 2015 904 G. M. Vilke et al. REFERENCES 1. Bell L. On a form of disease resembling some advanced stages of mania and fever, but so contradistinguished from any ordinary observed or described combination of symptoms as to render it probable that it may be overlooked and hitherto unrecorded malady. Am J Insanity 1849;6:97–127. 2. Di Maio TG, Di Maio VJM. Excited delirium syndrome cause of death and prevention. 1st edn. Boca Raton, FL: Taylor & Francis Group; 2006:1–60. 3. Fishbain DA, Wetli CV. Cocaine intoxication, delirium and death in a body packer. Ann Emerg Med 1981;10:531–2. 4. Wetli CV. Fatal cocaine intoxication. Am J Forensic Med Pathol 1987;8:1–2. 5. Ruttenber AJ, Lawler-Heavner J, Yin M, Wetli CV, Hearn WL, Mash DC. Fatal excited delirium following cocaine use: epidemiologic findings provide new evidence for mechanisms of cocaine toxicity. J Forensic Sci 1997;42:25–31. 6. Stratton SJ, Rogers C, Brickett K, Gruzinski G. Factors associated with sudden death of individuals requiring restraint for excited delirium. Am J Emerg Med 2001;19:187–91. 7. Ross DL. Factors associated with excited delirium deaths in police custody. Mod Pathol 1998;11:1127–37. 8. Grant JR, Southall PE, Mealey J, Scott SR, Fowler DR. Excited delirium deaths in custody past and present. Am J Forensic Med Pathol 2009;30:1–5. 9. Detweiler MB, Mehra A, Rowell T, Kim KY, Bader G. Delirious mania and malignant catatonia: a report of 3 cases and review. Psychiatr Q 2009;80:23–40. 10. Karch SB. Cardiac arrest in cocaine users. Am J Emerg Med 1996; 14:79–81. 11. Wetli CV, Fishbain DA. Cocaine-induced psychosis and sudden death in recreational cocaine users. J Forensic Sci 1985;30:873–80. 12. Sullivan L. Death by excited delirium: diagnosis or coverup? National Public Radio, All Things Considered, February 26, 2007. Available at: http://www.npr.org/templates/story/story.php?story Id=7608386. Accessed July 1, 2009. 13. Buck CJ. The international classification of diseases, 9th revision. In: Mental disorders. Philadelphia: Elsevier Health Sciences; 2009: 290–319. 14. Barnett JH, Werners U, Secher SM, et al. Substance use in a population-based clinic sample of people with first-episode psychosis. Br J Psychiatry 2007;190:515–20. 15. Mash DC. Biochemical brain markers in excited delirium deaths. In: Kroll MW, Ho JD, eds. TASER conducted electrical weapons: physiology, pathology, and law. New York: Springer; 2009: 365–77. 16. Karch SB. Karch’s pathology of drug abuse. 4th edn. Boca Raton, FL: Taylor & Francis Group CRC Press; 2009:45–65. 17. Allam S, Noble JS. Cocaine-excited delirium and severe acidosis. Anesthesia 2001;56:385–6. 18. Bunai Y, Akaza K, Jiang WX, Nagai A. Fatal hyperthermia associated with excited delirium during an arrest. Leg Med (Tokyo) 2008; 10:306–9. 19. Escobedo LG, Ruttenber AJ, Agocs MM, Anda RF, Wetli CV. Emerging patterns of cocaine use and the epidemic of cocaine over- 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. dose deaths in Dade County, Florida. Arch Pathol Lab Med 1991; 115:900–5. Gruszecki AC, McGwin G, Robinson A, Davis GG. Unexplained sudden death and the likelihood of drug abuse. J Forensic Sci 2005;50:1–4. Ruttenber AJ, McAnally HB, Wetli CV. Cocaine-associated rhabdomyolysis and excited delirium: different stages of the same syndrome. Am J Forensic Med Pathol 1999;20:120–7. Ruttenber AJ, Sweeney PA, Mendlein JM, Wetli CV. Preliminary findings of an epidemiologic study of cocaine-related deaths, Dade County, Florida, 1978-85. NIDA Res Monogr 1991;110:95–112. Stephens BG, Jentzen JM, Karch S, Wetli CV, Mash DC. National Association of Medical Examiners position paper on the certification of cocaine-related deaths. Am J Forensic Med Pathol 2004; 25:11–3. Ho JD, Heegaard WG, Dawes DM, et al. Unexpected arrest-related deaths in America: 12 months of open source surveillance. West J Emerg Med 2009;10:68–73. Karch SB, Wetli CV. Agitated delirium versus positional asphyxia. Ann Emerg Med 1995;26:760–1. Karch SB, Stephens BG. Drug abusers who die during arrest or in custody. J R Soc Med 1999;92:110–3. Morrison A, Sadler D. Death of a psychiatric patient during physical restraint. Med Sci Law 2001;41:46–50. Hall C, Butler C, Kader A, et al. Police use of force, injuries and death: prospective evaluation of outcomes for all police use of force/restraint including conducted energy weapons in a large Canadian city. Acad Emerg Med 2009;16:S198–9. Mirchandani HG, Rorke LB, Sekula-Perlman A, Hood IC. Cocaineinduced agitated delirium, forceful struggle, and minor head injury: a further definition of sudden death during restraint. Am J Forensic Med Pathol 1994;15:95–9. Mash DC, Duque L, Pablo J, et al. Brain biomarkers for identifying excited delirium as a cause of sudden death. Forensic Sci Int 2009; 190:e13–9. Mash DC, Pablo J, Ouyang Q, et al. Dopamine transport function is elevated in cocaine users. J Neurochem 2002;81:292–300. Hick JL, Smith SW, Lynch MT. Metabolic acidosis in restraintassociated cardiac arrest: a case series. Acad Emerg Med 1999;6: 239–43. American Psychiatric Association. Diagnostic and statistical manual of mental disorders. 4th edition, text revision. Washington, DC: American Psychiatric Association; 2000. Ho J, Dawes D, Ryan F, et al. Catecholamines in simulated arrest scenarios. Australasian College of Emergency Medicine Winter Symposium; June 25, 2009. Hick JL, Ho JD. Ketamine chemical restraint to facilitate rescue of a combative "jumper". Prehosp Emerg Care 2005;9:85–9. Roberts JR, Geeting GK. Intramuscular ketamine for the rapid tranquilization of the uncontrollable, violent, and dangerous adult patient. J Trauma 2001;51:1008–10. Roberts JR. Rapid tranquilization of violently agitated patients. Emerg Med News 2007;29:15–8. Bouchama A, Dehbi M, Chaves-Carballo E. Cooling and hemodynamic management in heatstroke: practical recommendations. Crit Care 2007;11:R54. Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 301 Excited Delirium Syndrome ARTICLE SUMMARY 1. Why is this topic important? Excited Delirium Syndrome (ExDS) is seen all across the country in emergency departments, but is not always recognized as a syndrome with significant mortality. 2. What does this review attempt to show? To better define ExDS as a discrete medical entity, the history, epidemiology, clinical presentation, pathophysiology, and treatment recommendations. 3. What are the key findings? ExDS is characterized by delirium, agitation, acidosis, and hyperadrenergic autonomic dysfunction, typically in the setting of acute-on-chronic drug abuse or serious mental illness. Based upon available evidence, it is the consensus of the Task Force that ExDS is a real syndrome with uncertain, likely multiple, etiologies. 4. How is patient care impacted? Treatment options are described and with increased awareness and knowledge, patient care can be improved. 302 ■ Civil Rights and Governmental Tort Liability ■ January 2015 905 III. Emergency Department Evaluation After Conducted Energy Weapon Use: Review of the Literature for the Clinician The Journal of Emergency Medicine, Vol. 40, No. 5, pp. 598–604, 2011 Copyright 2011 American Academy of Emergency Medicine Printed in the USA. All rights reserved 0736-4679/$ - see front matter doi:10.1016/j.jemermed.2010.10.019 Clinical Reviews EMERGENCY DEPARTMENT EVALUATION AFTER CONDUCTED ENERGY WEAPON USE: REVIEW OF THE LITERATURE FOR THE CLINICIAN Gary M. Vilke, MD,* William P. Bozeman, MD,† and Theodore C. Chan, MD* *Department of Emergency Medicine, University of California at San Diego Medical Center, San Diego, California, and †Wake Forest University, Winston Salem, North Carolina Reprint Address: Gary M. Vilke, MD, Department of Emergency Medicine, UC San Diego Medical Center, 200 West Arbor Drive, Mailcode #8676, San Diego, CA 92103 , Abstract Background: Conductive energy weapons (CEWs) are used daily by law enforcement, and patients are often brought to an emergency department (ED) for medical clearance. Study Objectives: To review the medical literature on the topic of CEWs and to offer evidence-based recommendations to Emergency Physicians for evaluation and treatment of patients who have received a CEW exposure. Methods: A MEDLINE literature search from 1988 to 2010 was performed and limited to human studies published from January 1988 to January 20, 2010 for English language articles with the following keywords: TASER, conductive energy device(s), electronic weapon(s), conductive energy weapon(s), non-lethal weapon(s), conducted energy device(s), conducted energy weapon(s), conductive electronic device(s), and electronic control device(s). Studies identified then underwent a structured review from which results could be evaluated. Results: There were 140 articles on CEWs screened, and 20 appropriate articles were rigorously reviewed and recommendations given. These studies did not report any evidence of dangerous laboratory abnormalities, physiologic changes, or immediate or delayed cardiac ischemia or dysrhythmias after exposure to CEW electrical discharges of up to 15 s. Conclusions: The current medical literature does not support routine performance of laboratory studies, electrocardiograms, or prolonged ED observation or hospitalization for ongoing cardiac monitoring after CEW exposure in an otherwise asymptomatic awake and alert patient. Emergency Medicine 2011 American Academy of , Keywords conductive energy weapons; TASER; emergency department; treatment INTRODUCTION Use of conducted energy weapons (CEWs) such as the TASER (TASER International Inc., Scottsdale, AZ) includes delivery of a series of brief electrical pulses, which result in pain and muscular contractions. The pulses may be delivered via a pair of sharp metal probes fired from the device, commonly referred to as ‘‘probe mode,’’ or by direct contact with the front of the device, commonly referred to as ‘‘drive stun’’ or ‘‘touch stun’’ mode. Current practice in managing patients who present to the Emergency Department (ED) after being exposed to a CEW varies from place to place and by individual practitioners. Some hospitals have the practice of admitting all patients who were exposed to a TASER to the hospital for overnight telemetry monitoring, whereas other systems allow Emergency Medical Services providers to remove the darts in the field and the police take the patient directly to jail without ever going to an ED. This article seeks to review the medical literature on the topic of CEWs and to offer evidence-based recommendations to Emergency Physicians for evaluation and Position Paper Approved by the American Academy of Emer gency Medicine Clinical Guidelines Committee RECEIVED: 16 August 2010; FINAL SUBMISSION RECEIVED: 9 October 2010; ACCEPTED: 31 October 2010 598 Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 303 Evaluation after CEW Use treatment of patients who have received a CEW exposure. The clinical question being asked was: Do patients who present to an ED after a CEW exposure need any specific radiographic or laboratory evaluation or any specific monitoring based solely because a CEW was used? This work was done at the request of and published as a position statement by the American Academy of Emergency Medicine Clinical Guidelines Committee. MATERIALS AND METHODS This was a structured review of the literature on the topic of CEWs. A literature search of the National Library of Medicine’s MEDLINE database’s PubMed system was performed and limited to studies published from January 1988 to January 20, 2010 written in the English language. Keywords used in the search were: TASER, conductive energy device(s), electronic weapon(s), conductive energy weapon(s), non-lethal weapon(s), conducted energy device(s), conducted energy weapon(s), conductive electronic device(s), and electronic control device(s). After searching the articles found from these key word parameters, the Reference sections were also reviewed for additional articles. Studies included for the final review were limited to randomized controlled trials, clinical trials, prospective and retrospective cohort studies, and meta-analyses in human subjects. Case reports, case series, and general review articles were not included for the selection criteria for formal rigorous review. The final list of all of the articles was assessed independently by two emergency medicine physicians to determine the classification of the article and deem whether appropriate for formal review. Each of the articles selected underwent a Grade of Evidence Review. Each of the selected articles was subjected to detailed review by all three authors. The level of the evidence was assigned a grade using the definitions as noted in Table 1 and were based on reference focus, specific research design, and methodology. Each of the selected articles was also subjected to detailed review and assigned a Quality Ranking based on a critical assessment with regards to quality of the design and methodology. This included Design Consideration (e.g., focus, model structure, presence of controls) and Methodology Consideration (actual methodology utilized). The definitions of the Quality Ranking scores are included in Table 2. 599 Independent review of the articles as well as discussion and joint review by the authors was undertaken to answer the clinical question. The references were sorted into 3 categories: supportive, neutral, and opposed. A table was constructed to assign the supportive references to the appropriate location using both the Grade of Evidence and the Quality of Evidence. Finally, recommendations were made based on the review of the literature and assigned a level of recommendation, which are defined in Table 3. RESULTS The findings of the original key word search in MEDLINE are noted in Table 4 under the column ‘‘# ALL references.’’ Combining these references resulted in 140 unique articles on CEWs. From these original 140 articles, the Reference sections were also reviewed, and no further novel articles were identified. It was noted that not all articles that were captured with these key words involved CEWs, which is why there were 145 articles found using the key words ‘‘conductive electronic devices’’ but only 140 unique articles identified on the topic. Studies included for the final review were limited to randomized controlled trials, clinical trials, prospective and retrospective cohort studies, and meta-analyses. The numbers of references yielded by the various search parameters are included in the column labeled ‘‘final review’’ in Table 1. There were a total of 20 articles deemed appropriate for intensive critical review based on their suspected relevance to the clinical question (1 20). These 20 articles include: randomized controlled trials (n = 2), prospective controlled trials (n = 2), prospective cohort studies (n = 13), and retrospective cohort studies (n = 3) (Table 5). Table 6 includes the Grade of Evidence and the Quality of Evidence for each of the articles reviewed. The references were sorted into three categories: supportive, neutral, and opposed. All were supportive; none were classified as neutral or opposed. Recommendation 1: Cardiac Monitoring and Electrocardiogram Screening after CEW Use Level of recommendation: Class A.The current human literature has not found evidence of immediate or delayed cardiac ischemia or dysrhythmias after CEW exposures Table 1. The Definitions of the Grades of Evidence of the Articles Grade A Grade B Grade C Grade D Randomized clinical trials or meta-analyses (multiple clinical trials) or randomized clinical trials (smaller trials), directly addressing the review issue Randomized clinical trials or meta-analyses (multiple clinical trials) or randomized clinical trials (smaller trials), indirectly addressing the review issue Prospective, controlled, non-randomized, cohort studies Retrospective, non-randomized, cohort or case-control studies 304 ■ Civil Rights and Governmental Tort Liability ■ January 2015 600 G. M. Vilke et al. Table 2. The Definitions of the Quality Ranking Scores of the Articles Design Consideration Present Ranking Outstanding Good Adequate Poor Unsatisfactory Appropriate Appropriate Adequate with possible bias Limited or biased Questionable/none of up to 15 s. Therefore, the medical literature does not support routine performance of electrocardiograms (ECGs), prolonged ED observation, or hospitalization for ongoing cardiac monitoring after CEW exposure in an otherwise asymptomatic awake and alert patient with a short duration (< 15 s) of CEW exposure. Studies have looked for dysrhythmias during and immediately after CEW use (1,11 14,19,20). There have been no reports of ectopy, dysrhythmia, QT prolongation, interval changes, or other ECG changes immediately after CEW use. Additionally, studies have looked at delayed monitoring findings and there have been no changes in ECGs 60 min or longer post CEW use (13,17,20). Studies have also looked at serial troponin levels as a marker of cardiac injury or ischemia. A number of studies have looked at troponin levels at 6 h post CEW activation, and all levels except one have been normal (12,13,15,20). The one study that showed elevated troponin was on a healthy young male subject who received a 5-s TASER activation (13). The troponin I values all were < 0.3 ng/mL, except a single value of 0.6 ng/mL at the 24-h draw, which had been normal at the 16-h draw, and returned to normal within 8 h of the reported elevation. The subject was evaluated at the hospital Methodology Consideration Present Both Considerations Present Appropriate Appropriate Adequate Limited Questionable/none Yes, both present No, either present No, either present No, either present No, either present by a cardiologist and showed no evidence of myocardial infarction or cardiac disability. His inpatient evaluation included a treadmill stress test (Treadmill Myoview test utilizing standard Bruce protocol with a double product of 24,335 achieved) and a rest/adenosine-augmented stress-gated tomographic myocardial perfusion study utilizing Tc99 m radiopharmaceutical injection. The results of both tests were interpreted as normal. Echocardiograms during CEW use have also shown no abnormalities during activation to suggest electrical capture or structural cardiac damage (3,11). Recommendation 2: Laboratory Testing after CEW Use Level of recommendation: Class A.The current human literature has not found evidence of dangerous laboratory abnormalities or physiologic changes after CEW exposures of up to 15 s. Therefore, the medical literature does not support routine performance of laboratory studies, prolonged ED observation, or hospitalization for ongoing laboratory monitoring after a short duration of CEW exposure (< 15 s) in an otherwise asymptomatic awake and alert patient. Studies have not shown any clinically significant changes in electrolyte levels or renal function in subjects with up to 15-s CEW activations (9,13,18,20). There have Table 3. Definitions for Recommendations Criteria for Level of Recommendation Level of Recommendation Class A Recommended with outstanding evidence Class B Acceptable and appropriate with good evidence Class B 1 Class B 2 Class C Not acceptable or not appropriate Class Indeterminate Unknown Acceptable Safe Useful Established/definitive Acceptable Safe Useful Not yet definitive Standard approach Optional or alternative approach Unacceptable Unsafe Not useful Minimal to no evidence Mandatory Evidence Level A/B grade Outstanding quality Robust All positive Level A/B grade lacking Adequate to Good quality Most evidence positive No evidence of harm Higher grades of evidence Consistently positive Lower grades of evidence Generally, but not consistently, positive No positive evidence Evidence of harm Minimal to no evidence Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 305 Evaluation after CEW Use 601 Table 4. All English-language Articles Found with the Following Search Parameters Search Parameter Conductive electronic devices TASER Conductive energy devices Conductive electronic device Conductive energy device Electronic weapon Electronic weapons Conducted energy weapons Non-lethal weapons Non-lethal weapon Electronic control devices Electronic control device Conducted energy weapon Conductive energy weapon Conductive energy weapons Conducted energy device Conducted energy devices # All References # Final Review 145 137 113 112 87 70 54 32 30 22 12 11 4 3 3 0 0 0 15 4 0 4 8 8 6 0 0 0 0 1 3 3 0 0 been mild but clinically insignificant elevations in lactate levels with CEW activations. However, these have been demonstrated to be of a smaller magnitude relative to other forms of physical exertion with a similar duration (8,10,12,13,18,20). Acid base status has been evaluated and has not shown any significant pH shifts for a 5-s CEW activation (13,18,20). Similar findings with mild transient pH shifts were noted in CEW use for longer durations of application up to 15 s (9). Recommendation 3: Evaluation after Use of CEW in Drive Stun or Touch Stun Mode Level of recommendation: Class B. For patients who have undergone drive stun or touch stun CEW exposure, medical screening should focus on local skin effects at the exposure site, which may include local skin irritation or minor contact burns. This recommendation is based on a literature review in which thousands of volunteers and individuals in police custody have had drive stun CEWs used with no untoward effects beyond local skin effects. As above, routine ECG, cardiac monitoring, laboratory testing, or other forms of evaluation specific to the electrical component of short-duration CEW use are generally unnecessary. Recommendation 4: Evaluation after Use of CEW in Probe Mode Level of recommendation: Class B. For patients who have undergone probe mode CEW exposure, medical screening should focus on probe penetration sites, potential injuries due to muscle contractions, and potential trauma due to falls. CEW probes may strike the eyes, or penetrate skin and nearby superficial structures such as vessels, nerves, and bones. Muscle contractions due to the CEW may produce spinal compression fractures and other soft tissue injuries. Falls may occur from loss of muscular control and protective reflexes, resulting in blunt trauma. Literature review indicates that significant injuries due to this mechanism are rare, occurring in < 0.5% of realworld deployment in subjects (2,16). As above, routine ECG, cardiac monitoring, laboratory testing, or other forms of evaluation specific to the electrical component of short-duration CEW use are generally unnecessary. DISCUSSION CEWs are commonly used by police as an intermediate force option. Civilian models of CEWs are also available to the public. Patients may be brought to EDs for medical evaluation after CEW exposure. The primary goal in conducting this literature search was to identify whether routine monitoring, ECG, with or without laboratory tests are necessary for a patient who presents after receiving an electrical discharge from a CEW. Our evaluation considered both techniques in which a CEW can be used. They are the drive or touch stun mode, and the probe mode. In the drive stun mode, the tip of the device is placed in contact with the subject and locally conducts energy across the two probes that are present on the tip of the device. This mode typically causes local painful stimuli. The other technique is the ‘‘probe mode,’’ which uses two sharp metal darts that are shot from a distance into the subject or the subject’s clothing, causing energy to arc a greater distance across the two probes. If there is enough of a probe spread, generalized muscle contraction, sometimes termed ‘‘neuromuscular incapacitation,’’ is produced. This may result in the subject falling if he or she is in a standing position. There are case reports of injuries sustained directly from the darts, such as ocular, skull, or genital penetration (21,22). Other case reports of spinal compression fractures, presumably from intense muscle contractions of the back musculature in subjects with osteopenia, have been documented (23,24). There are no studies demonstrating the effects on pregnant women, so physicians will need to make clinical decisions on the need for fetal assessment and monitoring based on the type of CEW use, location, and patient presentation. As noted above, the literature review for this clinical guideline focused on studies that involved rigorous methodologies to evaluate the physiologic effects of CEWs in humans. We did not include specific case reports or case series which in and of themselves cannot support any causal connection between CEWs and physiologic changes. We also did not include animal studies, which 306 ■ Civil Rights and Governmental Tort Liability ■ January 2015 20 19 18 17 14 15 16 12 13 11 10 8 9 7 6 5 4 3 1 2 List # Article Information Vilke GM et al. Twelve-lead electrocardiogram monitoring of subjects before and after voluntary exposure to the Taser X26. Am J Emerg Med 2008 Vilke GM et al. Physiological effects of a conducted electrical weapon on human subjects. Ann Emerg Med 2007 Eastman AL et al. Conductive electrical devices: a prospective, population-based study of the medical safety of law enforcement use. J Trauma 2008 Ho JD et al. Prolonged TASER use on exhausted humans does not worsen markers of acidosis. Am J Emerg Med 2009 Ho JD et al. Lactate and pH evaluation in exhausted humans with prolonged TASER X26 exposure or continued exertion. Forensic Sci Int 2009 Ho JD et al. Absence of electrocardiographic change after prolonged application of a conducted electrical weapon in physically exhausted adults. J Emerg Med 2009 Ho JD et al. Echocardiographic evaluation of a TASER-X26 application in the ideal human cardiac axis. Acad Emerg Med 2008 Ho JD et al. Respiratory effect of prolonged electrical weapon application on human volunteers. Acad Emerg Med 2007 Ho JD et al. Cardiovascular and physiologic effects of conducted electrical weapon discharge in resting adults. Acad Emerg Med 2006 Levine SD et al. Cardiac monitoring of human subjects exposed to the taser. J Emerg Med 2007 Sloane CM et al. Serum troponin I measurement of subjects exposed to the Taser X-26. J Emerg Med 2008 Strote J et al. Conducted electrical weapon use by law enforcement: an evaluation of safety and injury. J Trauma 2009 VanMeenen KM et al. Cardiovascular evaluation of electronic control device exposure in law enforcement trainees: a multisite study. J Occup Environ Med 2010 Vilke GM et al. Physiologic effects of the TASER after exercise. Acad Emerg Med 2009 Bozeman WP et al. Immediate cardiovascular effects of the Taser X26 conducted electrical weapon. Emerg Med J 2009 Bozeman WP et al. Safety and injury profile of conducted electrical weapons used by law enforcement officers against criminal suspects. Ann Emerg Med 2009 Dawes DM et al. Echocardiographic evaluation of TASER X26 probe deployment into the chests of human volunteers. Am J Emerg Med 2010 Dawes DM et al. Electrical characteristics of an electronic control device under a physiologic load: a brief report. Pacing Clin Electrophysiol 2009 Dawes DM et al. 15-Second conducted electrical weapon exposure does not cause core temperature elevation in non-environmentally stressed resting adults. Forensic Sci Int 2008 Dawes D et al. The neuroendocrine effects of the TASER X26: a brief report. Forensic Sci Int 2009 Table 5. Details of the 20 Reviewed Articles C C C C C C D C C C C C B D B C C C C D Grade Outstanding Good Outstanding Good Good Good Adequate Outstanding Outstanding Good Good Good Good Adequate Good Good Good Good Good Good Quality 9) 34) Prospective cohort (n 32) Prospective controlled trial (n 25) Prospective cohort (n 32) Prospective cohort (n 105) Prospective cohort (n 66) Retrospective cohort (Field use) (n 1101) Prospective cohort (n 118) Prospective cohort (n 52) Prospective cohort (n 66) Prospective cohort (n Prospective controlled trial (n 32) Prospective randomized controlled trial (n 52) Retrospective cohort (field use) (n 426) Prospective cohort (n 38) Prospective randomized controlled trial (n 40) Prospective cohort (n 25) Prospective cohort (n Prospective cohort (n 28) Retrospective cohort (field use) (n 1201) Prospective cohort (n 10) Design, Size 602 G. M. V ke et a . Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 307 Evaluation after CEW Use 603 Table 6. Supportive Evidence (Article # Referenced) Quality/Grade Outstanding Good Adequate Poor Unsatisfactory A B C 6, 9 12, 13, 18, 20 1, 3, 4, 5, 8, 10,11, 14, 15, 17, 19 D E F 2 7, 16 There were no neutral or opposed references. are often more limited in scope and have questionable applicability to clinical human findings. Recommendations in this review are limited to CEW exposure durations of 15 s or less. This reflects the exposure durations commonly used in the existing human literature and will apply to the large majority (> 90%) of subjects against whom CEWs are used by police officers. Although several reports have included exposure durations of 20 45 s and have not demonstrated concerning cardiac or physiologic effects, collectively this small body of literature is inadequate to support guidelines on medical screening after longer duration exposures. Therefore, until confirmatory studies of adequate power are available, clinicians should use their own judgment regarding the need for screening tests in this population. It is important to point out that these recommendations focus solely on the issue of CEWs and their physiologic effects on humans. Clinical evaluation and testing may very well be warranted when evaluating patients after CEW application, not due to the CEW exposure, but as a result of the patient’s underlying condition such as alcohol or drug intoxication, altered mental status, physical exhaustion, excited delirium, or psychiatric conditions that precipitated the application of the CEW in the first place. CONCLUSIONS The current human literature has not found evidence of dangerous laboratory abnormalities, physiologic changes, or immediate or delayed cardiac ischemia or dysrhythmias after exposure to CEW electrical discharges of up to 15 s. Therefore, the current medical literature does not support routine performance of laboratory studies, ECGs, or prolonged ED observation or hospitalization for ongoing cardiac monitoring after CEW exposure in an otherwise asymptomatic awake and alert patient. Testing for cardiac conduction abnormalities or injury, or other physiologic effects of CEWs may be appropriate in individual cases based on medical history such as history of cardiac disease or symptoms like chest discomfort, shortness of breath, or palpitations suggestive of cardiac issues, pain suggesting muscle contraction injuries, or prolonged CEW exposure > 15 s. Coexisting conditions like intoxication, prolonged struggling, altered mental status, or symptoms of excited delirium syndrome may also be present in patients exposed to CEWs, although the CEW does not seem to be the precipitating factor. Presence of these findings should prompt additional evaluation or treatment of the underlying condition as clinically warranted. For CEW activations in the probe mode, patients should be screened for injuries related to the dart penetration or surface burns due to CEW use, as well as injuries associated with falls and muscle contractions. Among patients who had a CEW activation in drive stun or touch stun mode, evaluation should focus on skin manifestations, which are typically limited to surface burns, also called signature marks. REFERENCES 1. Bozeman WP, Barnes DG Jr, Winslow JE 3rd, Johnson JC 3rd, Phillips CH, Alson R. Immediate cardiovascular effects of the Taser X26 conducted electrical weapon. Emerg Med J 2009;26:567 70. 2. Bozeman WP, Hauda WE 2nd, Heck JJ, Graham DD Jr, Martin BP, Winslow JE. Safety and injury profile of conducted electrical weapons used by law enforcement officers against criminal suspects. Ann Emerg Med 2009;53:480 9. 3. Dawes DM, Ho JD, Reardon RF, Miner JR. Echocardiographic eval uation of TASER X26 probe deployment into the chests of human volunteers. Am J Emerg Med 2010;28:49 55. 4. Dawes DM, Ho JD, Kroll MW, Miner JR. Electrical characteristics of an electronic control device under a physiologic load: a brief report. Pacing Clin Electrophysiol 2010;33:330 6. 5. Dawes DM, Ho JD, Johnson MA, Lundin E, Janchar TA, Miner JR. 15 Second conducted electrical weapon exposure does not cause core temperature elevation in non environmentally stressed resting adults. Forensic Sci Int 2008;176:253 7. 6. Dawes D, Ho J, Miner J. The neuroendocrine effects of the TASER X26: a brief report. Forensic Sci Int 2009;183:14 9. 7. Eastman AL, Metzger JC, Pepe PE, et al. Conductive electrical devices: a prospective, population based study of the medical safety of law enforcement use. J Trauma 2008;64:1567 72. 8. Ho JD, Dawes DM, Bultman LL, Moscati RM, Janchar TA, Miner JR. Prolonged TASER use on exhausted humans does not worsen markers of acidosis. Am J Emerg Med 2009;27:413 8. 9. Ho JD, Dawes DM, Cole JB, Hottinger JC, Overton KG, Miner JR. Lactate and pH evaluation in exhausted humans with prolonged TASER X26 exposure or continued exertion. Forensic Sci Int 2009;190:80 6. 10. Ho JD, Dawes DM, Heegaard WG, Calkins HG, Moscati RM, Miner JR. Absence of electrocardiographic change after prolonged application of a conducted electrical weapon in physically ex hausted adults. J Emerg Med 2009 May 12: [Epub ahead of print]. 308 ■ Civil Rights and Governmental Tort Liability ■ January 2015 604 G. M. Vilke et al. 11. Ho JD, Dawes DM, Reardon RF, et al. Echocardiographic evalua tion of a TASER X26 application in the ideal human cardiac axis. Acad Emerg Med 2008;15:838 44. 12. Ho JD, Dawes DM, Bultman LL, et al. Respiratory effect of pro longed electrical weapon application on human volunteers. Acad Emerg Med 2007;14:197 201. 13. Ho JD, Miner JR, Lakireddy DR, Bultman LL, Heegaard WG. Car diovascular and physiologic effects of conducted electrical weapon discharge in resting adults. Acad Emerg Med 2006;13:589 95. 14. Levine SD, Sloane CM, Chan TC, Dunford JV, Vilke GM. Cardiac monitoring of human subjects exposed to the taser. J Emerg Med 2007;33:113 7. 15. Sloane CM, Chan TC, Levine SD, Dunford JV, Neuman T, Vilke GM. Serum troponin I measurement of subjects exposed to the Taser X 26. J Emerg Med 2008;35:29 32. 16. Strote J, Walsh M, Angelidis M, Basta A, Hutson HR. Conducted electrical weapon use by law enforcement: an evaluation of safety and injury. J Trauma 2010;68:1239 46. 17. VanMeenen KM, Cherniack NS, Bergen MT, et al. Cardiovascular evaluation of electronic control device exposure in law enforce 18. 19. 20. 21. 22. 23. 24. ment trainees: a multisite study. J Occup Environ Med 2010;52: 197 201. Vilke GM, Sloane CM, Suffecool A, et al. Physiologic effects of the TASER after exercise. Acad Emerg Med 2009;16:704 10. Vilke GM, Sloane C, Levine S, Neuman T, Castillo E, Chan TC. Twelve lead electrocardiogram monitoring of subjects before and after voluntary exposure to the Taser X26. Am J Emerg Med 2008;26:1 4. Vilke GM, Sloane CM, Bouton KD, et al. Physiological effects of a conducted electrical weapon on human subjects. Ann Emerg Med 2007;50:569 75. Rehman TU, Yonas H. Case report: intracranial penetration of a TASER dart. Am J Emerg Med 2007;25:733. Ng W, Chehade M. Taser penetrating ocular injury. Am J Ophthal mol 2005;139:713 5. Sloane CM, Chan TC, Vilke GM. Thoracic spine compression fracture after TASER activation. J Emerg Med 2008;34:283 5. Winslow JE, Bozeman WP, Fortner MC, Alson RL. Thoracic com pression fractures as a result of shock from a conducted energy weapon: a case report. Ann Emerg Med 2007;50:584 6. ARTICLE SUMMARY 1. Why is this topic important? Conductive Energy Weapons (CEWs) are used daily by law enforcement and patients are often brought to Emergency Departments (ED) for medical clearance. 2. What does this review attempt to show? The clinical question being asked was: Do patients who present to an Emergency Department after a CEW exposure need any specific radiographic or laboratory evaluation or any specific monitoring based solely because a CEW was used? 3. What are the key findings? These studies did not report any evidence of dangerous laboratory abnormalities, physiologic changes, or immediate or delayed cardiac ischemia or dysrhythmias after exposure to CEWelectrical discharges of up to 15 seconds. 4. How is patient care impacted? There might be more efficient use of the emergency department and ICU beds. Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 309 IV. Evaluation of the Ventilatory Effects of the Prone Maximum Restraint (PMR) Position on Obese Human Subjects Forensic Science International 237 (2014) 86–89 Contents lists available at ScienceDirect Forensic Science International journal homepage: www.elsevier.com/locate/forsciint Evaluation of the ventilatory effects of the prone maximum restraint (PMR) position on obese human subjects Christian Sloane a,*, Theodore C. Chan a, Fred Kolkhorst b, Tom Neuman a, Edward M. Castillo a, Gary M. Vilke a a Department of Emergency Medicine, University of California, San Diego Medical Center, 200 W. Arbor Dr., MC-8676, San Diego, CA 92013-8676, United States School of Exercise and Nutritional Sciences, San Diego State University, 5500 Campanile Drive, San Diego, CA 92182-7251, United States b A R T I C L E I N F O A B S T R A C T Article history: Received 13 August 2013 Received in revised form 10 January 2014 Accepted 25 January 2014 Available online 14 February 2014 The study sought to determine the physiologic effects of the prone maximum restraint (PMR) position in obese subjects after intense exercise. We designed an experimental, randomized, cross-over trial in human subjects conducted at a university exercise physiology laboratory. Ten otherwise healthy, obese (BMI > 30) subjects performed a period of heavy exertion on a cycling ergometer to 85% of maximum heart rate, and then were placed in one of three positions in random order for 15 min: (1) seated with hands behind the back, (2) prone with arms to the sides, (3) PMR position. While in each position, mean arterial blood pressure (MAP), heart rate (HR), minute ventilation (V̇E ), oxygen saturation (SaO2), and end tidal CO2(etCO2) were measured every 5 min. There were no significant differences identified between the three positions in MAP, HR, V̇E , or O2sat at any time period. There was a slight increase in heart rate at 15 min in the PMR position over the prone position (95 vs. 87). There was a decrease in end tidal CO2 at 15 min in the PMR over the prone position (32 mmHg vs. 35 mmHg). In addition, there was no evidence of hypoxia or hypoventilation during any of the monitored 15 min position periods. Conclusion: In this small study of obese subjects, there were no clinically significant differences in the cardiovascular and respiratory measures comparing seated, prone, and PMR position following exertion. 2014 Elsevier Ireland Ltd. All rights reserved. Keywords: Restraint Asphyxia Prone maximum restraint position Obese Ventilation 1. Introduction Law enforcement and prehospital care personnel often confront violent, dangerous individuals who must be physically restrained to assure the safety of the individual as well as those around him/ her. A number of physical restraint techniques have been developed to subdue and control such individuals in the field, however all of these positions have been associated with adverse events [1–3]. The prone maximal restraint (PMR), or hobble position, has been used extensively by law enforcement and prehospital care personnel. This position places a subject prone with wrists handcuffed behind the back and secured to the ankles. Controversy has arisen regarding this restraint position. It has been argued that such a position adversely impacts ventilatory function and places individuals at risk for asphyxiation by restricting chest and abdominal movement [4–6]. Previous research has shown clinically insignificant changes in pulmonary function testing in normal subjects placed in the prone restraint position compared to sitting. These studies have found no evidence that the prone restraint position causes hypoxia or hypoventilation [7,8]. It has also been postulated that obese individuals may be at greater risk of ventilatory compromise based on the supposition that the large abdominal pannus of these individuals in the prone position will push the diaphragm upwards, significantly limiting ventilation and ultimately leading to asphyxia [9]; however, there have been no previous studies that have investigated the pulmonary effects on obese individuals placed in the PMR position. 2. Goals and objectives * Corresponding author. Tel.: +1 858 414 0602. E-mail addresses: [email protected] (C. Sloane), [email protected] (T.C. Chan), [email protected] (F. Kolkhorst), [email protected] (T. Neuman), [email protected] (E.M. Castillo), [email protected] (G.M. Vilke). In this study, we investigated the physiologic effects of the prone restraint position (such as that utilized by law enforcement) in obese subjects. 0379-0738/$ – see front matter 2014 Elsevier Ireland Ltd. All rights reserved. http://dx.doi.org/10.1016/j.forsciint.2014.01.017 310 ■ Civil Rights and Governmental Tort Liability ■ January 2015 87 C. Sloane et al. / Forensic Science International 237 (2014) 86–89 [(Fig._1)TD$IG] 3. Methods 3.1. Selection criteria and participant screening Subjects were recruited from a local university between 18 and 55 years of age (range: men = 18–45 yr; women = 18–55 yr) with a BMI greater than 30 kg/m2. Prior to conducting the study, each participant completed the Physical Activity Recall Questionnaire (PAR-Q: http://www.csep.ca/CMFiles/publications/parq/par-q.pdf) to screen for cardiovascular risks. Positive responses to questions from the PAR-Q eliminated the individual from participation. Additional subject exclusion criteria included: pregnancy (as determined by a urine pregnancy screen), recent reported illicit drug use (<1 month prior), current illness, inability to be handcuffed behind the back, inability to exercise on a cycle ergometer, history of anxiety, history of asthma, current head neck or back injury, or refusal to consent. No exclusion was made on the basis of gender, race, or ethnicity. Subjects who completed the study received financial compensation for their participation in the form of a $100 check budgeted from the grant sponsoring agency. 3.2. Description of research design The study was a randomized cross-over, repeated-measures design that compared the respiratory and ventilatory effects of the three restraint positions over time. Each subject performed three trials each consisting of a brief period of intense exercise followed by placement in three different restraint positions in randomized order. The three positions were seated, prone, and PMR position. Each trial was conducted over approximately 45 min during a single visit to the laboratory. Prior to starting the study, baseline vital sign measurements were taken in the seated position. Subjects then performed a graded cycling protocol on a mechanically-braked cycle ergometer (Monark Ergomedic 828E, Monark Exercise AB, Vansbro, Sweden) starting at 50 W increasing approximately 15 W/min until reaching 85% of the age-predicted maximal heart rate for the subject. Measurements of heart rate (HR), blood pressure (BP), arterial oxygen saturation (SaO2), minute ventilation (V̇E ), and end-tidal O2 (etO2) and CO2 (etCO2) partial pressures were monitored continuously throughout the exercise periods. Heart rate was measured using a Polar1 heart rate monitor. SaO2 was monitored with pulse oximetry using a finger probe; V̇E , etO2, and etCO2 were measured using a breath-by-breath portable wireless metabolic measurement system (Jaeger Oxycon Mobile Cardiopulmonary System, VIASYS Healthcare, Yorba Linda, CA). Measurements were recorded immediately after exercise and at 5, 10, and 15 min post-exercise while the subject was in the seated, prone or PMR position. For the seated position after exercise, the subjects were placed on a chair with their wrists secured behind the back with a strap to simulate handcuffing. This was done for subject comfort and to facilitate rapid cuffing once placed into the study position. The ankles were secured with a standard police restraining fabric restraint cuff device currently used by law enforcement. For the prone position, the subjects were placed on a gymnastic mat with arms along their side, but not allowing the subjects to raise the torso. For the PMR position the subjects were placed on their stomachs with their wrists secured together behind the back with a strap and the ankles drawn up near the wrists, secured together with a police restraining fabric cuff following standard procedures of law enforcement (Fig. 1). A 15 min period of rest between each trial was allowed before beginning the next phase of exercise, with confirmation of a return to baseline HR prior to starting the following trial. The primary outcome measures were V̇E , SaO2 and etCO2 as measures of respiratory and ventilatory function. Hypoxemia was Fig. 1. Research subject in the prone maximal restraint position (PMRP) as studied. defined a priori as SaO2 less than 94%, and hypercapnea was defined a priori as etCO2 greater than 45 mmHg. Data were analyzed for differences based on position. Significant differences were identified by three-way repeated-measures ANOVA. Statistical significance was set at 0.05, and if significance was detected, paired t-tests were used with a Bonferroni corrected significance level of 0.017 for 3 comparisons. Analysis of the data was conducted using SPSS statistical software (SPSS, Inc., Chicago, IL). The study was funded by a grant from the Institute for the Prevention of In-Custody Deaths (IPICD), Inc. in Henderson, Nevada. 4. Results Nine of the ten subjects were male with an average BMI of 35.4 2.6. The World Health Organization has established that an adult who has a BMI of 30 or higher is considered obese, thus our population was well within the obese range. It took the subjects from 6 to 10 min to reach target heart rate according to our study protocol. Table 1 reports measures at each time point after exercise. Repeated measures ANOVA results indicated there were significant differences in HR (p = 0.021) between positions at 0 and 15 min and etCO2 (p = 0.034) at 15 min, but no significant differences in V̇E , SaO2, or etO2 between the three positions at any time point. There was no evidence of hypoxemia or hypercapnea. The heart rate was significantly lower at the 15-min time measurement in the prone group, as compared with the seated and PMR groups (p = 0.040, difference 7.4, 95% Table 1 Mean data as measured at each time point after exercise. Measurement and position Mean time and standard deviation after exercise in minutes HR-seated HR-prone HR-PMRP MV-seated MV-prone MV-PMRP O2sat-seated O2sat-prone O2sat-PMRP etCO2-seated etCO2-prone etCO2-PMRP 151.6 144.2 152.5 88.0 84.5 83.9 96.5 96.3 97.5 40.3 39.5 39.5 0 min 5 min (12.3) (13.4) (13.7) (24.0) (20.1) (28.4) (1.3) (1.1) (1.3) (2.6) (2.9) (4.6) 104.1 100.2 105.6 25.7 22.6 27.3 96.8 96.8 96.5 32.5 32.4 33.4 (8.7) (10.2) (9.9) (7.6) (8.4) (6.5) (0.9) (1.0) (1.23) (3.7) (4.1) (2.9) 10 min 15 min 98.4 92.9 98.6 18.1 15.7 18.9 96.5 95.8 95.9 33.3 34.5 34.1 94.1 86.7 95.4 17.0 13.6 16.8 96.7 95.9 95.7 33.3 34.8 32.0 (11.0) (12.2) (12.3) (5.0) (2.5) (5.0) (1.2) (0.9) (1.6) (3.4) (2.6) (2.7) (13.1) (10.0) (10.6) (8.3) (3.6) (4.4) (0.9) (1.0) (1.7) (4.5) (3.6) (3.2) Anatomy of an In-Custody Death—Medical Causation Issues ■ Vilke ■ 311 88 C. Sloane et al. / Forensic Science International 237 (2014) 86–89 CI = 0.4, 14.4; p = 0.028. difference 8.3, 95% CI = 1.1, 15.5) prior to adjustment, but were no longer significant after adjustment (p’s > 0.017). There was no statistical difference in blood pressure at any of the time measurements (data not shown). The etCO2 was significantly lower in the PMR position at the 15-min measurement compared with the prone group (p = 0.006, difference 2.8, 95% CI = 1.1, 4.5). There were no other significant comparisons for either HR or etCO2. 5. Discussion Although sudden deaths have occurred in individuals placed in the hobble, hogtie, and PMR position, the cause of death and the actual role of body position has not been fully investigated. Some have argued the PMR position prevents adequate chest wall, abdominal, and diaphragmatic movement leading to hypoventilatory respiratory compromise and risk for death from so-called positional asphyxia [10]. However, case reports and case series of the sudden deaths of restrained individuals do not clearly indicate a specific mechanism [4,5,11,12]. Historical as well as autopsy evidence is often unrevealing as to a clear cause of death. Importantly, similar sudden deaths have been reported in patients who were not restrained in the PMR position, but simply in the prone, supine, lateral side, and even sitting positions [13,14]. As a result, some have argued that factors such as drug intoxication, excited delirium, trauma, stress, psychosis, or catecholamine hyperstimulation are more important causes of sudden death than asphyxiation from body position [15,16]. The theory of positional asphyxia as it relates to sudden deaths in restraint cases has been based primarily on the physiologic study of Reay et al. who observed that healthy individuals had a delayed recovery in oxygen saturation following mild exercise [6]. However, this study was limited by the observation that a decrease in SaO2 occurred during mild exercise, in opposition to the wellestablished exercise physiology literature which shows that oxygen saturation is unaffected by moderate-to-heavy exercise in healthy individuals. In addition, the study did not demonstrate that the PMR position caused hypoxia [17]. A later, more comprehensive randomized physiologic study was performed measuring arterial oxygenation as well as ventilatory parameters including spirometry and arterial CO2 levels [7] which found no evidence of desaturation or hypoxia during exercise or while in the PMR position. Equally importantly, while there was a progressive restrictive pattern on spirometric measurements from sitting to supine to prone to PMRP positions, there was no evidence of hypoventilation or hypercapnia [7]. Other studies have confirmed these spirometric and respiratory measures in relation to PMRP [8]. Additionally, other investigators have not shown evidence of hypoxia or oxygen desaturation as a result of PMR or body position [18–20]. As a result, many now argue that ‘‘the hog-tied prone position should be viewed as not producing significant physiologic respiratory compromise, and it does not produce any serious or life-threatening respiratory effects’’ [17]. While body position by itself may not cause asphyxiation, others now argue that PMR position in combination with additional chest and abdominal compression during the restraint process could cause hypoventilatory respiratory compromise [9]. Proponents of this ‘‘restraint asphyxia’’ theory (as opposed to ‘‘positional asphyxia’’) argue that force often applied to the back of an individual restrained in the prone position during the restraint ‘‘take down’’ process could potentially cause greater constriction of the torso and decrement in ventilatory function to the point of asphyxiation [21]. However this theory has been advanced without any supportive experimental data [22] and the theory ignores basic ventilatory physiology as well (i.e. inspiratory muscle strength is greatest when the diaphragm is at its most upward position [23]. Deaths from the application of heavy weight to the torso have been described in the medical literature [21]. The term ‘‘traumatic’’ or ‘‘mechanical asphyxiation’’ have been applied to cases in which extreme force was applied to individuals, such as when an automobile runs over the torso of an individual. However, in these cases, there is often pathologic evidence of chest trauma, such as pulmonary contusion or rib fractures, or increased intrathoracic pressure affecting venous return and cardiovascular function causing plethoric facies, edema and ruptured small blood vessels above the shoulders [24]. Recent work by our group evaluating weight on the back in subjects with a normal body habitus showed a mildly restrictive pulmonary function pattern with PMR position, but no significant further detriment in spirometric measures of FVC and FEV1 with the addition of 25 and 50 lb of weight on the back. Additionally, there was no evidence of hypoxia, oxygen desaturation, hypercapnia or CO2 retention from hypoventilation in the PMRP with the additional weight force [25]. Another recent study by our group investigated ventilatory and metabolic demands in healthy adults when placed in the PRM position by measuring maximal ventilatory ventilation (MVV) in subjects in several positions including seated, prone and prone with up to 90.1 (200 lbs) or 102.3 kg (225 lbs) of weight on the back. MVV with the heaviest weight was 70% of the seated MVV (122 28 and 156 38 L min1, respectively; p < 0.001). While prone with up to 90.1 or 102.3 kg on the back, the decrease in MVV was determined to be clinically insignificant (i.e. a level of decrease insufficient to cause hypoxemia at any level of exercise that can be achieved while restrained) in these subjects [26]. Cary in 2000 attempted to simulate the physiologic effects of obesity, weight, and exercise. Subjects were placed in the PMR after exercise to 85% of their previously measured VO2 max. They were placed over an incompressible role 9’’ in diameter (personal communication) with 75 kg on their backs. Although there was a change in the pattern of ventilation, their V̇E was not adversely affected and there was no change in their etCO2, indicating a normal response to exercise in spite of the ventilatory load placed upon them [27]. Some have hypothesized other mechanisms of detriment as a result of weight force applied to the back. Ho et al., examined the effect of up to 147 pounds applied to a prone human subject on the diameter of the inferior vena cava (IVC) as measured by ultrasound which may be a surrogate measure of venous return to the heart. They found a significant decrease in the diameter of the IVC though they found no changes in heart rate or blood pressure [28]. Savaser et al. in a similar model examined the effects of up to 100 pounds of weight to the back of prone human subjects on cardiac output and other cardiac parameters measured by ultrasound. They found no significant effect on cardiac output and only an insignificant decrease in cardiac stroke volume. Overall, they found no evidence of cardiovascular compromise [29]. This current study demonstrates there are no significant ventilatory effects of the prone maximum restraint position in obese subjects. While there were minor changes noted at the 15min time mark post exercise in both the HR and etCO2 concentrations, neither of these changes is statistically significant. In fact, the lower HR and etCO2 concentrations suggest just the opposite of diminution of ventilation, even if they were of a larger magnitude. However given the small magnitude of the changes, physiologically, they are practically identical. 6. Limitations This was a study utilizing a small sample size as this project was funded as a pilot study. Larger numbers would be needed to further support these results. Furthermore, actual field conditions could not be completely duplicated, including stimulant drug 312 ■ Civil Rights and Governmental Tort Liability ■ January 2015 C. Sloane et al. / Forensic Science International 237 (2014) 86–89 intoxication, fear and agitation. Although these variables can arguably affect the outcome measures used it is hard to postulate how factors that stimulate ventilatory function would produce the opposite result in the setting of exercise and restraint. Also, we used fabric handcuffs instead of a standard police handcuff. This allowed for an approximate 5–6 in. space between the subjects wrists, instead of a more standard 4-in. space allowed for by chain linked handcuffs. It is possible that this may have allowed for a slightly greater chest expansion and thus decreasing the effect of the cuffs. We believe this difference to be minimal. Also, our subjects took several minutes to reach 85% of their age predicted maximum heart rate. This could be longer than a typical brief anaerobic burst of activity involved in a police pursuit and restrain situation. Finally, we targeted a BMI > 30 as representing an obese subject. Acknowledging the limitations of BMI in the design of our study, in that very fit, muscular individuals can often have a BMI that is quite high, we did not specifically target or screen for a large abdomen that would allow us to specifically measure effects of an abdominal pannus on the study results. The authors can qualitatively state that the subjects in this study, however, all had significant abdominal fat, though we did not measure it. 7. Conclusion In this pilot study in obese human subjects, there were no clinically significant detrimental respiratory or ventilatory effects of the prone maximal restraint position when compared to a prone or seated position of restraint. There also was no evidence of hypoxemia or hypercapnea in any subjects in the PMR position. Roles of researchers C.S., G.V., T.N., F.K., T.C. all assisted in design, data collection, data analysis and writing the manuscript. E.C. assisted in design, data analysis, and writing the manuscript. 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