A Colorado Springs couple is the first to file a lawsuit in against Jensen Farms on Thursday claiming that the cantaloupe that they ate tested positive for listeria.

Tammie Palmer filed the suit after her 71-year-old husband Charles Palmer, a retired Marine sergeant, got sick from eating a contaminated melon on August 31. He's been hospitalized ever since, according to CBS News.

He wasn't able to talk to me for five days, Tammie Palmer told CBS News. When I talked to him, his eyes rolled into the back of his head. It's been a nightmare.

Doctors have diagnosed Charles Palmer with listeriosis, which is caused by Listeria monocytogenes bacteria. This is the same strain that's been linked an outbreak that has reportedly led to two deaths and sickened 22 people in seven states as of Sept. 14.

On Thursday the U.S. Food and Drug Administration issued a statement warning consumers not to eat Rocky Ford cantaloupe shipped by Jensen Farms. The federal agency also urged people to throw away recalled product that may still be in their home.

Jensen Farms voluntarily recalled Rocky Ford cantaloupe shipped from July 29 through Sept. 10. It was distributed to at least 17 states with possible further distribution, the FDA stated.

The CDC reports that at least 22 people in seven states have been infected with the outbreak-associated strains of Listeria monocytogenes as of September 14.

Here's an overview of the problem

- The FDA is warning consumers not to eat Rocky Ford Cantaloupe shipped by Jensen Farms of Granada, Colo.

- Jensen Farms is voluntarily recalling Rocky Ford Cantaloupe. The recalled cantaloupes were shipped from the Rocky Ford growing region of Colorado from July 29 through Sept. 10 and are potentially linked to a multi-state outbreak of listeriosis. The recalled cantaloupes were distributed to at least 17 states with possible further distribution.  

Symptoms of listeriosis

-       Listeriosis is a rare and serious illness caused by eating food contaminated with bacteria called Listeria. People who think they might have become ill should consult their doctor. A person with listeriosis usually has fever and muscle aches.

Who is at risk?

- Listeriosis can be fatal, especially in certain high-risk groups. These groups include older adults, people with compromised immune systems and certain chronic medical conditions (such as cancer), and unborn babies and newborns.

- In pregnant women, listeriosis can cause miscarriage, stillbirth, and serious illness or death in newborn babies, though the mother herself rarely becomes seriously ill.

What does the product look like?

- The cantaloupe may be labeled: Colorado Grown, Distributed by Frontera Produce, USA, Pesticide Free, Jensenfarms.com, Sweet Rocky Fords.

- They are packed in cartons that are labeled: Frontera Produce, or with Frontera Produce, Rocky Ford Cantaloupes.

- Both cartons also include: Grown and packed by Jensen Farms Granada, CO and Shipped by Frontera Produce LTD, Edinburg, Texas.

- Not all of the recalled cantaloupes are labeled with a sticker. Consumers should consult the retailer if they have questions about the origin of a cantaloupe.