The incident was reported during a bath on Sept. 15 in Woodbridge. The family blames the nurse and Bayada Pediatrics for what happened -- claiming negligence. Now they want to warn the public so it doesn't happen to any other family.
Samantha McCrae's twins were already miracles to her family -- they survived being born after just 24 weeks in the womb and required 24-hour care from a nurse.
The family's attorney, Steven Haddad, says a nurse put baby Nile under hot bath water without testing it first, causing the severe burns.
It is also alleged that the nurse tried to cover it all up by putting pants on the baby until the mother called 911.
"She didn't yell, she didn't make any noise that something was wrong, and then when I saw him he was already fully dressed and she had him in his onesie and was rubbing ice on him," McCrae said.
Bayada briefly suspended the attending nurse and released a statement saying in part:
"The burn was caused by a rapid, unexpected fluctuation of water temperature in the apartment. Our internal investigation determined that this was an unfortunate accident. The nurse, who has been working for Bayada for over nine years, has an exemplary record for quality and safety and has been reinstated."
Nile was treated at St. Barnabas Hospital's burn unit and spent six days in intensive care before he was just recently released. After the burns fully heal, he will probably require surgery.
"This unsupervised nurse failed to have the requisite training, skills and knowledge in order to take care of a special needs child," Haddad said. "She had left the child under the sink faucet without paying attention, this is a 10-month-old child, so for them to have alleged that there was a sudden uptick in the temperature of the water is impossible."
The family's lawsuit is expected to be filed next week.