The infection would be of more concern in a malpractice suit, which it is not clear this is - is this a civil rights suit or a malpractice suit?
When was the infection detected? What caused it? How and when was it treated? How bad was it? The story does not say over what time period she made her three ER visits - over one day? Ten days?
And are they lying? ACLU does that, you know!