Son of Paula Costigan, Villiam DelGrosso, was one of dozens of physically vulnerable children infected with the virus starting at the end of September at the Vanakue Center for Nursing and Rehabilitation in Haskell, Nev.
According to the lawsuit, DelGrosso lost a fever on October 11 and on October 18, he was transferred to the intensive care unit of the Hackensack University Medical Center with "serious respiratory complications". He's still there, says family lawyer Paul da Costa.
"As a mother, it's hard enough to keep your child under your roof and have to trust and rely on the facility to take care of your child," Costa said, adding that Costigan "feels like the object is trying to hide the fact is that this serious virus spread like a fire. "
Vanakue Center refused a request to comment on the lawsuit.
"Children as William"
Costigan does not know where her son will leave when she is stable enough to be fired from intensive care, Costa said.
DelGrosso, who has a disorder of the attack, has demanded the fan to breathe since he was about 10 years old, when after a major attack he had a heart attack, Kosta said.
Costigan does not want her son to return to the Vanakue facility, but she was told that other centers in the state that accept Medicaid and who are equipped to take care of a child dependent on a fan such as her son maybe one according to Costa's data.
The lawsuit alleges that the facility is neglected to provide DelGrosso protection when it comes to preventing the spread of this infection.
"At the time of the original adenovirus case," the lawsuit states, "the facility did not have adequate programs to prevent infection and control, protocols or procedures to eliminate the infection and prevent spread in all pediatric population."
The lawsuit also alleges that the facility did not promptly send patients to acute hospitals or previously informed their parents about the time when it first contacted the state health department on the outbreak, on October 9th.
Costigan said that Costa "has never been informed that her son had had a number of complaints a few days before she finally told her that she should immediately be transferred to an acute care hospital" on October 18, he said. And she was not informed of the epidemic of the adenovirus until the letter arrived in the mail four days later, he added.
In statements last month, the Vanakue facility said it was working together with health experts to investigate the epidemic and "immediately notified all appropriate state agencies when the virus was initially identified." The facility did not respond to earlier requests for further comments.
That Kosta says that the lawsuit is not only the son of Costigna; it's about "children like Villi who do not have the ability to speak for themselves and take care of themselves."
Speaking to reporters last month, the Health Commissioner at Nev Jersey, Dr. Shereef Elnahal described them as "low level, self-limited disadvantages" that were solved when examined by health inspectors.
"It is rare that in any inspection the facility comes out without quotes," Elnahal said. "If it's a lot of quotes, they're all low, we're looking for a correction plan. We make sure the object goes through it – and that's what this object did here.
"If the orders are strong enough to take further action, we will," he added.
"We must also think about whether we can do more as health care leaders to protect immunologically damaged children, like those who serve in the Vanakue Center," he said.
"There are hundreds of outbreaks in healthcare institutions every year in the country."
"We take aggressive steps"
However, people with impaired immune systems have a higher risk of serious illness, and they can remain infectious long after recovering, according to US Centers for Disease Control and Prevention.
Symptoms may occur two to 14 days after exposure to the virus.
The facility is "instructed not to accept any new patients until the epidemic is over and they fully comply," the state health department said. State health officials said the epidemic can only be reported after four weeks of passage without an additional case.
"It's hard to know how the virus came to the plant, what kind of source it was or what its specific mechanism of spreading from person to person," said Elnahal.
CNN's Olivia Kiel and Kristina Sgueglia contributed to this report.