A Lawrence County family has filed suit against ConAgra Foods Inc. of Omaha, Neb., claiming that Roberta Barkay, 76, of Ellwood City, died Jan. 30 of salmonella poisoning after eating tainted peanut butter.

If true, Mrs. Barkay would be the first fatality linked to the nationwide recall of Peter Pan and Great Value peanut butter.

So far there's no proof Mrs. Barkay even had salmonella poisoning. Any salmonella poisoning diagnosis must be reported to state officials and yesterday Department of Health spokesman Richard McGarvey said "We don't know anything about this case."

Rob Peirce, the family's attorney, said there is compelling circumstantial evidence to support their claim.

He says Mrs. Barkay and her husband, William, bought Peter Pan peanut butter in Youngstown, Ohio, in November.

Not long after, Mr. Barkay, 84, fell ill with "severe gastrointestinal problems" including diarrhea, nausea and pain and was hospitalized.

Then, in January, Mrs. Barkay developed similar symptoms and went into the hospital with severe dehydration. While in the hospital, she developed a bacterial infection and died.

A week later, the Barkays' daughter, Alana Laird, arrived from Arizona for her mother's funeral. During her visit, she ate some of the peanut butter and fell ill after returning to Arizona.

The family didn't connect their illnesses to the peanut butter, Mr. Peirce said, until the news media began reporting the peanut butter-salmonella connection nationwide. They then confirmed that their peanut butter was part of the recalled batch.

Mrs. Barkay apparently was not tested for salmonella poisoning during her hospital stay, but Mr. Peirce said that was because they were focused on treating her dehydration. "They don't associate it with a food-borne illness right away."

ConAgra spokeswoman Stephanie Childs said yesterday that the firm had not seen the lawsuit and cannot comment on pending litigation. She said the company initiated the voluntary recall on Feb. 14 out of concern for consumers' health and safety.

The company has set up a 24-hour toll-free phone number regarding the recall: 866-344-6970.

According to the U.S. Centers for Disease Control and Prevention, about 300 people have been stricken by the Salmonella Tennessee infection that has been linked to Peter Pan and Great Value peanut butter displaying a product code on the lid that begins with the number "2111."

Cases have surfaced in 39 states, including Pennsylvania. Mr. McGarvey said.

In all, the state has confirmed 25 reports in 19 counties of salmonella poisoning from peanut butter, but none in Lawrence County. There have been single cases in Beaver and Erie counties but no cases reported in Allegheny County.

None of the 25 confirmed cases required hospitalization as a result of the salmonella poisoning, he added.