NEW JERSEY (CBS) — Two newborns died last summer after a MRSA outbreak in the Neonatal Intensive Care Unit at Cooper Hospital sickened 8 infants. But only now is the incident coming to light, and it’s because of a lawsuit.

A nurse employed by Cooper for one month filed suit in Middlesex County last month.

That’s how the outbreak became public knowledge, although a statement from the New Jersey Department of Health says it took action as soon as it was advised of a problem.

The agency found “several infection control deficiencies” which were quickly corrected and there have been no problems since mid-September.

It could not be determined if the fatalities were directly connected to the MRSA outbreak. A separate statement suggests the department determined there was “no further risk,” and hence did not order the unit closed or the public notified. Cooper officials issued a statement condemning the lawsuit and vowing to fight it in court.