The son of Paula Costigan, William DelGrosso, was one of dozens of medically fragile children who had been infected by the virus since the end of September at the Wanaque Center for Nursing and Rehabilitation in Haskell, New Jersey.
According to the lawsuit, DelGrosso had a fever on October 11 and October 18 was transferred to the intensive care unit at the Hackensack University Medical Center with "severe respiratory complications". Now it's still there, according to the family lawyer, Paul da Costa.
"As a mother, it's difficult enough not to have your baby under your roof and you have to trust and rely on a structure to take care of your child," Costa said, adding that Costigan "feels like the structure was trying to to hide the fact that this serious virus was spreading to oil stain. "
The Wanaque Center refused to request a comment on the case.
& # 39; Guys like William & # 39;
Costigan does not know where his son will go when he is stable enough to get fired from intensive care, Costa said.
DelGrosso, who has a seizure disorder, required a respirator to breathe since he was about 10 years old, when he went into cardiac arrest after a serious attack, Costa said.
Costigan does not want his son to return to the Wanaque facility, but was told that the other centers in the state that accept Medicaid and are equipped to take care of a fan-dependent child as his son may have up to one-year d & d Wait, according to da Costa.
The case claims that the structure failed to provide the necessary treatment to DelGrosso when it came to preventing the spread of this infection.
"At the time of the first case of adenovirus", says the cause, the structure "did not have adequate infection prevention and control programs, protocols or procedures in place to remedy the infection and prevent its spread in all its pediatric residents ".
The lawsuit also claims that the facility did not send patients to acute care hospitals in a timely manner or informed the parents first when they first contacted the state's health department on October 9th.
Costigan Da Costa said that "she was never informed that her son had high fevers several days before they finally told her that she had to be immediately transferred to a hospital for acute" on October 18, he said. And she was not informed of the adenovirus epidemic until a letter arrived by mail four days later, she added.
In the statements last month, the Wanaque facility said it is collaborating with health experts to investigate the epidemic and that "promptly informed all appropriate government agencies when the virus was initially identified". The structure did not respond to previous requests for further comments.
Da Costa says that the cause is not just about Costigan's son; it's about "boys like William who have the inability to speak for themselves and take care of themselves".
Speaking to journalists last month, New Jersey Department of Health Commissioner Dr. Shereef Elnahal described these as "low-level, self-limited deficiencies" that were resolved when health inspectors checked.
"It is rare that in every inspection a structure would have come out without quotations," Elnahal said. "If it's a series of low-level quotes, we ask for a correction plan, making sure that the structure follows, and this is what this structure has done here.
"If the results are severe enough to take further action, we will do it," he added.
"We also need to think about whether we can do more as health leaders to protect immunocompromised children, such as those served at the Wanaque Center," he said.
"Every year in the state, there are hundreds of outbreaks in health facilities".
"We are taking aggressive measures".
However, people with a weakened immune system have a higher risk of serious illness and may remain contagious long after their recovery, according to the US Centers for Disease Control and Prevention.
Symptoms may appear two to 14 days after being exposed to the virus.
The facility was "charged with not admitting new patients until the epidemic ends and will fully comply", according to the public health department. Public health officials have said that the epidemic can only be declared when four weeks pass without an additional case.
"It may be difficult not to know how the virus arrived at the structure, what its source was or what its specific mechanism of diffusion from person to person", said Elnahal.
Olivia Kiely and Kristina Sgueglia from CNN contributed to this report.