She's a dumb kid. It'll get tossed out. I skydive and this is a lot like when someone bounces and their family tries to sue....you can't really prove negligence when the risk is inherent. The director shot people with current tests that didn't happen to have shown a new infection....
Tough luck but damn...did she think that $2000 a day was for her personality?
And on another note, don't most model releases release the producer/director/lighting guy/whoever happens to be there from any liability if the talent catches something? Or did porn valley change a lot since I left in December?