The family of an 88-year-old Holocaust survivor and master hairstylist from Virginia has initiated the first wrongful death lawsuit related to the ongoing listeria outbreak connected to Boar’s Head meats, as reported by Ron Simon & Associates law firm.

This lawsuit was filed in Sarasota, Florida. It states that Gunter Morgenstein bought Boar’s Head liverwurst, which was later recalled, from his local Harris Teeter on June 30, 2024, and fell ill after eating it.

He was admitted to the hospital on July 8, where he was diagnosed with sepsis and listeriosis, later confirmed to be caused by Boar’s Head products by the CDC. Despite intensive treatment efforts, he passed away on July 18, surrounded by his wife, Margarete, and son, Garshon, who previously spoke to YSL News about his father’s impact.

“Gunter was a lively and engaging person who worked until falling ill,” stated Ron Simon, the attorney for the Morgenstein Family and other affected by listeria.

“He didn’t deserve to lose his life over a sandwich. Our hearts go out to all victims of this totally preventable tragedy. Through this lawsuit, we aim to ensure that every listeria victim receives appropriate compensation for their suffering. We will investigate thoroughly to find out how this transpired and hold Boar’s Head accountable to prevent future incidents.”

Günter Morgenstein: A Legacy of Strength and Community

Recently, YSL News spoke with Morgenstein’s family to understand more about the life of this adored 88-year-old, who was not only a father and husband but also a grandfather.

Garshon “Shon” Morgenstein shared with YSL News that his father was born into a Jewish family in Cottbus, Germany, on June 29, 1936. “His parents concealed him under floorboards,” Shon revealed, discussing his father’s harrowing experiences during the Holocaust before ultimately leaving Germany.

He later moved to Canada and then settled in Newport News, Virginia, where he became an esteemed figure in the community, largely due to his impressive 70-year hairstyling career. Having worked in the same location for about 50 years, Morgenstein was known for being quite sociable, able to engage anyone in conversation.

His family, including his beloved wife of 50 years, Peggy, two stepdaughters, his son, and several grandchildren, were heartbroken by his unexpected loss. Shon recounted how his father’s health deteriorated after he was admitted to the hospital on July 8 for shortness of breath, despite receiving medical care, leading to his death ten days later.

The death certificate, examined by YSL News alongside CDC and USDA investigation records, indicated that Morgenstein succumbed to Listeria meningoencephalitis, confirmed by CDC through genome sequencing as linked to the Boar’s Head liverwurst.

“I never got the chance to say goodbye while he was still lucid,” his son told YSL News.

For a deeper understanding of Morgenstein’s life story and his tragic passing, read his son’s account.

Boar’s Head Under Legal Scrutiny

The listeria outbreak associated with Boar’s Head, first reported by the CDC on July 19, has led to at least 57 reported illnesses and hospitalizations, with nine fatalities across 18 states as of August 28, according to the CDC.

The CDC has linked the listeria cases to sliced deli meats from Boar’s Head, which initially recalled 207,528 pounds of liverwurst on July 26. Subsequently, on July 30, the company expanded the recall to include all products produced at the same facility, totaling approximately 7.2 million pounds.

“We are deeply saddened by the repercussions of this recall on the affected families. Our words can’t fully convey our condolences and the profound sadness we feel for those who’ve suffered loss or illness,” the company stated regarding Morgenstein’s death. “We are carrying out a comprehensive investigation alongside leading food safety authorities to ascertain how our liverwurst from the Jarratt, Virginia facility was compromised and to ensure it doesn’t happen again.”

This wrongful death suit marks the first of many Boar’s Head may face in connection to this outbreak. At least several other lawsuits have already been initiated. One case from July targeted Boar’s Head and Schnucks Markets alleging that their liverwurst caused severe illness in an 88-year-old woman from Missouri, while another filed in early August by a pregnant woman from Minnesota stated she “almost lost her unborn child” due to infected Boar’s Head products purchased at a Florida Publix.

A proposed class-action lawsuit was also submitted to a federal court in New York on August 1.