The man, Jonathan Strobel, says his phone exploded on September 9th. That's a week afterSamsung issued its unofficial recall, but still a full week before the phone was formally recalled— yesterday — through the US Consumer Product Safety Commission.
The lawsuit seeks damages for his medical bills, suffering, and lost wages, according to Reuters.
A Samsung spokesperson tells The Verge it is "aware of Mr. Strobel’s incident" but will not comment on pending litigation. "We are urging all Note 7 owners to power their device down and exchange it immediately," the spokesperson said. They encouraged owners to visit Samsung's website for information on how to swap out a recalled phone.
As of Thursday, there had been 92 reports of overheating Galaxy Note 7s in the US. They're linked to 26 reported burns and 55 reported counts of property damage, "including fires in cars and a garage."
So far, the recall has been going very slowly. More than 85 percent of Note 7 units sold in the US appeared to still be out there as of Thursday, with only 130,000 units returned out of the around 1 million sold.
Source: The Verge