Mother sues hospital after three-year-old dies of Group A strep sepsis
Family alleges St Richard’s Hospital failed to escalate urgent sepsis assessment for toddler who was sent home after being told she likely had a virus
A mother has launched legal action against University Hospitals Sussex NHS Foundation Trust after her three-year-old daughter died from Group A Streptococcus sepsis following a visit to St Richard’s Hospital in Chichester in December 2022.
Jemma Graham took her daughter, Penny Stevens, to the emergency department on the advice of NHS 111. Penny had a chesty cough, vomiting, a rash, a high temperature and signs of respiratory distress, but was triaged at 6:20 p.m. and assigned a low-priority "green" status that did not require reassessment for two hours, according to an internal Patient Safety Investigation Report. After waiting more than two hours without reassessment, and reassured by staff who said there was no sign of anything serious, Ms. Graham took Penny home.
Overnight Penny’s condition deteriorated. At about 4 a.m. on December 4, a 999 call was made after she went into cardiac arrest. Emergency responders and hospital staff attempted resuscitation for about 80 minutes, but Penny died the following morning. An inquest previously recorded that she died of natural causes.
The Patient Safety Investigation Report acknowledged that staff missed an opportunity to escalate an urgent sepsis assessment. The report also recorded that clinicians had noted Penny was not lethargic or irritable, although her mother says the child had to be held in her arms and was distressed. During the wait, staff asked Ms. Graham to provide a urine sample for Penny; she was unable to as the child was crying and distressed.
Ms. Graham, from Emsworth, Hampshire, has instructed medical negligence solicitors at Irwin Mitchell to bring a claim against the trust. Laura Hayes-Payne, the firm’s medical negligence lawyer, said the trust’s own investigation identified "worrying issues" including failure to recognise signs of sepsis or to refer Penny for an urgent review. Hayes-Payne said Ms. Graham wants the trust to identify and acknowledge every issue in Penny’s care and to ensure lessons are learned so other families are not affected.
Penny, described by her mother as "bright, funny, and full of joy," leaves a younger brother, Charlie. Ms. Graham said she does not blame the staff on duty but is concerned about systemic pressures and conditions faced by both patients and medical staff. She has urged parents to be aware of sepsis symptoms and not to assume others will spot them.
Dr. Maggie Davies, chief nurse at University Hospitals Sussex NHS Foundation Trust, said the trust extends its "deepest sympathies" to Penny’s family and acknowledged the national Group A Streptococcus outbreak in December 2022 placed "enormous pressure" on patients, families and staff. The trust said it was sorry it was not able to prevent Penny’s death.
Sepsis in children can present with fever, fast breathing, reduced urine output, seizures, mottled or pale skin that feels cold, rash, lethargy or irritability, and difficulty waking. Early recognition and prompt treatment with antibiotics and supportive care are critical to improving outcomes, clinicians and patient safety experts say.
The case highlights tensions hospitals faced during the winter surge and infectious outbreaks, and raises questions about triage protocols and escalation pathways for suspected sepsis in paediatric patients. Ms. Graham’s lawyers say the legal action aims to secure answers and systemic change; the trust has said it is cooperating with investigations and continuing to review its procedures.