The lawsuit was filed by the boy's grandmother, Carmen Jones, and seeks damages from Wyndham Hotels and Resorts, as well as Crescent Hotels and Resorts and the hotel's manager. The family's attorney, Thomas F. Jones, said the boy has suffered from lesions in his mouth, vomiting and fevers since the August 2010 incident.
Jones said the grandmother came out of the shower and found the boy with the condom in his mouth, attempting to blow it up. Jones said the boy has been diagnosed with herpes.
A spokeswoman for the New Jersey-based Wyndham did not immediately return a call for comment.
The property has since been closed and sold.