Ayla Grace Loseth

Image Credit: Springfield Funeral Home

A Kelowna couple whose nine-year-old daughter died three days after they took her to the emergency department is suing Interior Health and 10 doctors involved.

Nine-year-old Ayla Grace Loseth died of sepsis due to a streptococcus infection at Kelowna General Hospital two years ago.

Ayla's parents, Christine and Brady Loseth, have now taken legal action and filed a Notice of Claim at the Kelowna courthouse on Nov. 22.

The couple accuses the hospital and multiple doctors of failing to recognize the urgency of their daughter's deteriorating life-threatening condition.

According to the court document, Ayla was first taken to Kelowna General Hospital's emergency department having had a fever for three days.

Ayla had lost 10 pounds in less than a week and couldn't keep food or water down. She had pain over her body and a rash that looked like sunburn.

Lab work was ordered and she was put on a saline drip for hydration. She was given Advil but her temperature didn't decrease and a nurse noticed a new rash rash on her abdomen, chest and back.

Throat swabs were done for COVID-19 and flu, and a bacteria throat swab was done for scarlet fever or a strep infection at Christine's request. Several hours later she was discharged.

The next day, Ayla's flu test came back positive, although the Notice of Claim says the couple weren't told about it.

"Ayla’s condition got worse," the court document reads.

The following day Ayla couldn't walk and was "writhing in pain" so the family headed back to the hospital.

A doctor saw Ayla, put her on a saline drip and ordered various tests.

However, the court document says the doctor failed to follow up on Ayla’s bacterial swab test from a couple of days before and review her blood work.

READ MORE: Kelowna woman loses legal fight after misdiagnosis at Kelowna ER

The Notice of Claim says the doctor failed to conclude that Ayla met the Canadian Pediatric diagnostic criteria for severe sepsis, and arrange for an immediate assessment by a pediatrician.

"(The doctor) generally failed to recognize the urgency of Ayla’s deteriorating life-threatening condition," the court document says.

Shortly afterwards blood tests confirmed with a 90% accuracy that Ayla had a bacterial infection.

"These lab results, in combination with her presentation should have been alarming to everyone involved in Ayla’s care and further confirmed she required urgent and immediate antibiotics, fluids and transfer to BC Children Hospital," the Notice of Claim reads.

Several hours later a doctor prescribed antibiotics, however, it was another hour and a half before they were given to Ayla.

She was transferred to the pediatric unit where another doctor "immediately recognized the seriousness of Ayla condition" and transferred her to the trauma bay.

It was then decided Ayla should be transferred by air to the BC Children's Hospital in Vancouver. The court documents say it took an hour and a half before the air transport left Vancouver "despite the urgency conveyed."

Ayla was put in an ambulance and driven to Kelowna airport but on the way it was decided she was too sick to be transported to Vancouver and she returned to Kelowna hospital.

She died several hours later.

"Ayla was a beautiful and vibrant presence to all who knew her," her obituary said.

READ MORE: New urgent care clinic brings walk-ins back to Kamloops

She died of sepsis due to a streptococcus infection on the background of an influenza infection, the court document says.

"Chrissy and Brady Loseth have lived through every parent’s worst nightmare," their lawyer Keri Grenier tells iNFOnews.ca in an email. "Knowing that steps could have and should have been taken much earlier to prevent their daughter’s death, is an experience no parent should have to endure."

Grenier says while the lawsuit won't bring Ayla back, it will provide answers on where our medical system failed.

"Hopefully it will motivate our government, health authorities and everyone involved to implement important changes so that other families don’t have to suffer the same tragic outcome," Grenier says.

The court documents say both parents have suffered tremendously following their daughter's death resulting in emotional distress, psychological injury, sleep disturbances and nightmares, and post-traumatic stress disorder.

They are suing for an undisclosed amount of money.

Following Ayla's death in 2022, an online fundraiser was set up which raised almost $90,000.

Interior Health says as the matter is before the courts it wasn't able to comment.

"Our thoughts are with the family, friends, and all those affected by the tragic loss of a young child," a statement from the heath authority says.

None of the allegations have been proven in court and Interior Health has yet to file a defence.

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