Ma Xuexin of Henan province is suing collapsed dairy group Sanlu and a supermarket for $8,000 (£4,860).
His young son is one of hundreds of thousands of infants who became sick after drinking baby milk formula laced with the industrial chemical melamine.
Two people were executed on Tuesday for their part in the scheme.
Nineteen other people have been jailed in connection with the case, which resulted in the deaths of at least six children.
Melamine is used in the making of plastics and fertilisers. If ingested it can cause kidney failure and kidney stones.
