Boar’s Head Faces Wrongful Death Lawsuit After Liverwurst Sandwich Caused Listeriosis, Sepsis

The family of a Newport News, Virginia man has filed a wrongful death lawsuit against Boar’s Head, after a liverwurst sandwich made with the company’s recalled deli meats sent their 88-year-old father to the hospital, where he died from a listeriosis infection.

The complaint (PDF) was brought against Boar’s Head in the Circuit Court of the 12th Judicial Circuit for Sarasota, Florida on August 30, indicating that Holocaust survivor Gunter Morgenstein died as a direct result of eating the Boar’s Head liverwurst, which was contaminated with Listeria monocytogenes when it left the company’s meat production facility in Jarratt, Virginia.

Days before the wrongful death lawsuit was filed, the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) released a report (PDF) highlighting the horrid conditions at the Boar’s Head plant, indicating that inspectors found signs of black mold, liquid dripping onto meat from the ceiling, dead flies and other health violations.

Although the Boar’s Head recall was first announced on July 26, health officials are still urging all U.S. consumers to check their refrigerators to see if they have any of the recalled deli meats in their households, since the products have extremely long shelf lives, and the listeria germ can survive in foods even at refrigerated temperatures.

Consuming the tainted meat poses a risk of Listeria food poisoning, which is a serious condition that can cause symptoms like high fevers, severe headaches, stiffness, nausea, abdominal pain and diarrhea. While the illness does not generally pose long-term risks for most healthy individuals, it is extremely dangerous for elderly individuals as well as pregnant women, their unborn babies, children and those with weakened immune systems.

Virginia Man Dies After Consuming Tainted Boar’s Head Meat

The Boar’s Head wrongful death lawsuit filed last week in Florida details how Mr. Morgenstein fell ill after purchasing liverwurst that came from the meat processing plant at the center of the nationwide listeria outbreak.

Gunter Morgenstein purchased a package of Boar’s Head liverwurst from a store near his home in Newport News, Virginia on June 30, and began eating the meat on sandwiches throughout the following days. However, Mr. Morgenstein quickly became ill, experiencing  symptoms like severe diarrhea, shortness of breath, chest pain, fever and fatigue.

By July 8, Mr. Morgenstein took an ambulance to the hospital, where he became bedridden due to a decline in his oxygen levels and was admitted for observation. However, given how active Mr. Morgenstein was for his age, doctors expected him to return home in only two to three days.

Unfortunately, Mr. Morgenstein’s condition rapidly deteriorated, and the attending physician ordered blood samples to be drawn, which came back positive for Listeria monocytogenes.

Over the next week, Mr. Morgenstein’s red blood cell count continued dropping, and he ultimately passed away on July 18.

Health officials have determined this to be a confirmed case of death caused by the Boar’s Head listeria outbreak.

“Decedent ingested listeria and developed listeriosis, encephalitis, meningitis, sepsis, and sustained other injuries as a result of the ingestion of the product,” Mr. Morgenstein’s son, Gershon Morgenstein, said in the complaint.

Boar’s Head Plant Inspections Reveal Horrid Conditions

In the wake of the recall, health officials released a report last week detailing issues from August 2023 to August 2024 at the Jarratt, Virginia meat processing plant where Boar’s Head’s tainted products originated. It reveals horrid conditions under which the meat was processed and packaged, including liquids dripping from the ceiling, insects in and around raw meat products, dried meat residues in storage racks as well as black mold and mildew throughout many of the plant’s rooms.

These conditions and the resulting listeria outbreak have led to the recall of more than seven million pounds of Boar’s Head’s ready-to-eat meat products since July 26. It has also resulted in multiple Boar’s Head recall lawsuits being filed, which detail everything from the dangers listeria can cause pregnant women to the company’s deceptive marketing practices when claiming that their products are safe for consumption.

The Boar’s Head recall currently covers at least 71 products produced between May 10, 2024 and July 29, 2024, under the Boar’s Head and Old Country brand names. Although the recall began with tainted packages of liverwurst like the one Mr. Morgenstein consumed, it has been expanded to include other packaged meat and poultry products, as well as meats intended for slicing at retail delis.

The affected products’ say “EST. 12612” or “P-12612” inside the USDA inspection mark on the labels, and their “sell by” dates range from July 29, 2024 through October 17, 2024, meaning some consumers may still have them in their refrigerators.

Since these meats present an ongoing risk to elderly individuals, pregnant women and children, the CDC urges consumers who find them in their refrigerators not to eat them, but to discard the tainted meat immediately or contact the seller about returns.