The recent Boar’s Head listeria outbreak has led to a major recall and mounting legal actions as more cases of illness and wrongful death emerge. The recall initially affected over 207,000 pounds of deli meat after listeria was discovered in a liverwurst sample in July of this year. Following additional positive tests, Boar’s Head expanded the recall to 7 million pounds of meat, making this one of the largest listeriosis outbreaks since 2011.
As of September 25, 2024, the outbreak has sickened 59 people across 19 states and led to 10 fatalities, as reported by the Associated Press. The Centers for Disease Control and Prevention (CDC) warns that more cases are likely as the listeria incubation period can last more than 2 months.
The Boar’s Head listeria outbreak has become deadly
Among the lives lost in the Boar’s Head listeria outbreak was Gunter Morgenstein, 88, a Holocaust survivor from Virginia. The Herald-Tribune reports that after consuming Boar’s Head liverwurst, Morgenstein developed symptoms, including diarrhea, weakness, and difficulty breathing. He was eventually diagnosed with listeriosis and sepsis before succumbing to the illness 10 days later.
His family has since filed a wrongful death lawsuit against Boar’s Head, with their attorney stating, “He should not have died from eating a sandwich. Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses.”
The conditions at Boar’s Head’s Jarratt, Virginia, plant have raised significant concerns. Federal inspectors reported 69 “noncompliances,” including insect infestations, mold, mildew, and blood puddles. These issues led food safety attorney Bill Marler to call for a Congressional investigation into Boar’s Head and the USDA’s oversight, questioning how such unsanitary conditions were tolerated.
Marler criticized the plant’s lack of sanitation, saying it was “better at producing listeria than it was at producing meat.”
Boar’s Head has paused operations at the Virginia plant, committing to a rigorous cleaning and policy review to prevent similar issues. The company expressed regret for the outbreak’s impact, stating, “Your safety remains our top priority.” The outbreak has affected consumers nationwide and even spread to foreign markets.
The recall includes various Boar’s Head and Old Country brand products produced between May and July 2024. The CDC and Boar’s Head continue to monitor the situation, urging consumers to discard affected items to prevent further illnesses.
6 Common Questions about Food Poisoning and Personal Injury
Babcock Tucker answers common questions about the causes of food poisoning and personal injury claims in Denver.
Why are there so many listeria recalls?
One reason listeria recalls are common is because this hardy bacteria can thrive in cold, moist environments, such as those in refrigerators and food processing facilities, where it’s challenging to fully eliminate them.
Unlike many bacteria that are killed by cold temperatures, listeria actually grows in refrigeration, allowing it to persist on equipment and surfaces. When processing plants use substandard cleaning practices, listeria can hide in hard-to-reach areas and easily recontaminate products through contact with surfaces or equipment.
Since these processed foods are often ready-to-eat items like deli meats, soft cheeses, and prepackaged salads, they don’t undergo further cooking that would otherwise kill the bacteria.
These challenges make it difficult to completely stop listeria during processing, resulting in more frequent recalls to protect consumers whenever contamination is detected.
How do you know if you have listeriosis?
Listeriosis symptoms can vary depending on the individual, and the onset of symptoms can range from a few days to a few months after consuming contaminated food. Common signs of listeriosis include fever, a stiff neck, muscle aches, headaches, nausea, and diarrhea.
In severe cases, especially among vulnerable populations like older adults, listeriosis can lead to symptoms such as confusion, loss of balance, convulsions, organ damage, and sepsis. In pregnant women, it can also cause miscarriage or stillbirth.
What should I do if I get sick from listeria?
If you experience symptoms of listeriosis, even if they seem mild, it’s crucial to seek medical attention promptly. Early intervention with antibiotics can prevent severe complications, especially for those in higher-risk groups.
If you suffered a serious illness after being diagnosed with listeriosis, you may be able to pursue a personal injury case if you can trace your illness to a specific contaminated food product.
In a personal injury case related to a foodborne illness, you must establish that you consumed the recalled product and that it directly caused your illness. This often involves presenting medical records or purchase receipts that link your condition to the contaminated food item.
Legal cases around food recalls can be complex, often involving multiple parties such as manufacturers, distributors, and retailers, each of whom may bear responsibility if they fail to follow safety protocols. However, with the help of a skilled personal injury attorney, you may be able to seek compensation for your medical expenses, lost wages, pain and suffering, and more.
Get help from an experienced Denver personal injury attorney
If you or a loved one has become ill or suffered a wrongful death after consuming a recalled food product, Babcock Tucker is here to provide compassionate support and legal guidance. We understand the devastating impact that foodborne illnesses can have on families and are dedicated to helping you pursue justice.
Our experienced Denver personal injury attorneys will work diligently to investigate your case, gather evidence to link your illness to the recalled product, and hold these companies accountable for the medical expenses, lost income, and pain you’ve endured. With a deep commitment to our clients’ well-being, we’re ready to stand by your side every step of the way.
Contact Babcock Tucker today to schedule a free consultation to learn more about your legal options.
References
Jonel Aleccia. (2024, September 25). 10th death reported in Boar’s Head deli meat listeria outbreak. AP News. https://apnews.com/article/boars-head-listeria-deaths-85ee1b241fb3cf46d206c20ed732254e
McCloud, C., Snider, M., & Bridges, C. A. (2024, September 3). More illnesses expected from Boar’s Head listeria outbreak. Lawyer wants Congress investigation. Sarasota Herald-Tribune; Treasure Coast Newspapers. https://www.heraldtribune.com/story/news/2024/09/03/boars-head-listeria-recall-deli-meat-florida-deaths/75052744007/
