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HomeLocalNew Legal Action Emerges from Boar's Head Listeria Controversy: Three Additional Wrongful...

New Legal Action Emerges from Boar’s Head Listeria Controversy: Three Additional Wrongful Death Lawsuits Filed

 

Three Additional Wrongful Death Lawsuits Filed Due to Boar’s Head Listeria Outbreak


Three more lawsuits for wrongful death have been initiated linked to the Boar’s Head listeria outbreak, as the company and the food industry grapple with this significant health crisis—the worst since 2011.

 

As of the end of September, 59 individuals have been hospitalized across 19 states due to listeria connected to Boar’s Head products, resulting in 10 fatalities.

This outbreak was first identified by the Centers for Disease Control and Prevention (CDC) on July 19, prompting Boar’s Head to recall approximately 7.2 million pounds of products. In response to the situation, they have permanently closed their Jarratt, Virginia facility, which was identified as the source of the outbreak, leaving about 500 workers without jobs. Production of liverwurst has also been halted indefinitely.

Earlier this month, an investigation was launched by the U.S. Department of Agriculture’s inspector general to assess how the USDA managed repeated violations at the Jarratt facility, which included reports of mold, insects, and other unsanitary conditions.

 

With increasing scrutiny, Boar’s Head faces a growing number of lawsuits. The newest claims state that the recent victims died after consuming Boar’s Head products.

 

Three Deaths Linked to Boar’s Head Liverwurst: Legal Actions Filed

The latest wrongful death lawsuits, filed by the food safety law firm Marler Clark—one on October 11 and two on October 21—claim that three elderly individuals from New York, Tennessee, and Maryland passed away from listeria infections associated with Boar’s Head liverwurst.

 

The firm had previously submitted an $11 million lawsuit on September 6 on behalf of a Virginia resident who reported experiencing long-term effects from a listeria infection contracted through Boar’s Head liverwurst. This suit also accused Boar’s Head of deliberately hiding information about its factory conditions and food safety protocols leading to the recall.

These new lawsuits add to a growing wave of legal actions against Boar’s Head and, in some situations, the retailers selling their products. At least one potential class action lawsuit has been filed, and the brand may face criminal charges as part of the ongoing USDA investigation.

 

Who Are the Recent Victims in the Boar’s Head Lawsuits?

Robert Hamilton

Robert Hamilton, 73, passed away on July 18 after contracting a listeria infection linked to Boar’s Head liverwurst.

The initial lawsuit states Hamilton purchased the liverwurst on July 1 and July 3 or 4 from Stop and Shop and Hicks Piccolo Gourmet Delicatessen in Hicksville, New York. By July 12, he began to experience severe weakness, stomach issues, diarrhea, fever, loss of appetite, and altered mental state. He was transported to a local hospital where he was admitted to the ICU.

Sadly, his health declined over subsequent days, and blood tests confirmed a listeria infection, which was traced back to the outbreak strain associated with Boar’s Head through whole genome sequencing. Despite multiple antibiotic attempts to save him, Hamilton died five days after his hospital admission.

 

Robert Ohly

Robert Ohly, 89, from Tennessee frequently bought liverwurst from his local Kroger in Crossville. In late July or early August, he fell ill after consuming the liverwurst, according to the second lawsuit.

In the weeks following, his health worsened, requiring hospitalization. During his stay, he fell into a coma and tested positive for listeria. He died on August 18, with listeria septicemia listed as the cause of death.

The Tennessee Department of Health confirmed that the strain Ohly was infected with matched the Boar’s Head outbreak strain via whole genome sequencing.

 

Linda Dorman

Linda Dorman, 74, died on July 6 after also purchasing and consuming Boar’s Head liverwurst, as detailed in the third lawsuit.

 

Dorman bought the liverwurst on June 24 from Martin’s Super Markets in Rising Sun, Maryland. By July 3, she began suffering from ongoing illness and shortness of breath, leading to her being taken by ambulance to the emergency room on July 4.

While in the hospital, she fell into a coma, and tests confirmed a listeria infection. Sadly, she passed away two days later. The Pennsylvania Department of Health also identified her infection strain as the same strain involved in the Boar’s Head outbreak through whole genome sequencing.

All three lawsuits are seeking $10 million in compensatory damages and another $10 million in punitive damages, alongside additional compensation.

 

Family of Holocaust Survivor Files Wrongful Death Suit Over Liverwurst

The human cost: His father succumbed to listeria linked to Boar’s Head meat, and he felt compelled to tell his story.

The initial wrongful death lawsuit related to the Boar’s Head listeria outbreak was launched by the Morgenstein family from Virginia, mourning the loss of their 88-year-old grandfather, renowned hairstylist, and Holocaust survivor, Günter Morgenstein.

 

This lawsuit was submitted by Ron Simon & Associates based in Sarasota, Florida, towards the end of August. It detailed how Morgenstein bought Boar’s Head liverwurst, which was later recalled, on June 30, 2024, from a nearby Harris Teeter store. After eating it, he fell ill.

He was admitted to the hospital on July 8, where doctors diagnosed him with sepsis and listeriosis, a listeria infection. The CDC traced the infection back to Boar’s Head meat. Despite receiving “aggressive treatment”, he passed away on July 18, surrounded by his wife of 50 years and his son Garshon, who previously shared insights about his father’s life and legacy with YSL News.