A father in New Jersey is reportedly suing Diamond Pet Foods and the place of purchase, Costco, claiming that his 8-week-old son was sickened by recently recalled Salmonella-tainted dry dog food he purchased.

Lawyers for Nevin Eisenberg of Marlboro, New Jersey, USA, filed a lawsuit in a New Jersey federal court that alleges his infant son was hospitalized by a strain of Salmonella infantis that was found in petfood made at Diamond’s Gaston, South Carolina, USA, manufacturing plant. The lawsuit, reportedly the first linked to the recall outbreak, also involves Costco Wholesale Corp., where Eisenberg purchased the petfood, and whose Kirkland Signature brands of dog and cat food were among those recently recalled.

Eisenberg's suit claims the infant developed severe diarrhea, fever and loss of appetite, and “[m]oreover, he was in obvious pain and was extremely uncomfortable.”

According to Elliot Olsen, an attorney for Eisenberg, it is unclear how the infant may have contracted the illness because the family's two dogs did not get sick and laboratory tests of the family's petfood samples did not test positive for Salmonella.