MoneyWatch

Boar's Head faces multiple lawsuits after its deli meat is linked to deadly listeria outbreak

By Sarah Metz

Updated on: September 6, 2024 / 2:16 PM EDT / CBS News

Boar's Head facility that had mold, mildew and bugs linked to listeria outbreak, records show

Boar's Head faces at least seven lawsuits following the August recall of millions of pounds of its deli meat after the food company's products were linked to a deadly listeria outbreak.

The latest listeria outbreak has grown to 57 hospitalizations in 18 states linked to recalled products from Boar's Head plant in Jarratt, Virginia. At least nine deaths have been reported: two in South Carolina and one each in Illinois, New Jersey, Virginia, Florida, Tennessee, New Mexico and New York.

The actual number of people sickened during the outbreak is likely higher than what has been reported, while people in other states also may have been affected, according to the Centers for Disease Control and Prevention.

Federal food inspectors found dozens of violations at Boar's Head Virginia facility, including mold, mildew and insects throughout the site, CBS News' Alex Tin reported.

"We are conducting an extensive investigation, working closely with the USDA and government regulatory agencies, as well as with the industry's leading food safety experts, to determine how our liverwurst produced at our Jarratt, Virginia, facility was adulterated and to prevent it from happening again," Boar's Head said in an Aug. 29 statement, noting that its has suspended production at the plant.

"We will not resume operations at this facility until we are confident that it meets USDA regulatory standards and Boar's Head's highest quality and safety standards," the company added.

Listeria monocytogenes is a bacterium that can spread through water, mist, on workers clothes and hands and improperly sanitized equipment. The threat of listeria has been well-known and documented in the industry for decades. In 2002, for example, a listeria outbreak in turkey deli meat was linked to eight deaths and three "fetal deaths" among pregnant women, according to an account published by the National Library of Medicine.

The USDA has a "zero tolerance" policy for listeria in ready-to-eat meats, meaning any amount of contamination renders the product unsafe for consumption.

CDC says at least 9 died in Listera outbreak connected to Boar's Head deli meat

The lawsuits against Boar's Head, involving claims of personal injuries, wrongful death, and deceptive marketing practices, seek damages ranging from $25,000 to over $5 million. The following people around the U.S. have filed suit against the company:

Ashley Solberg, Minnesota. Solberg, who was 35 weeks pregnant at the time, bought Boar's Head deli meat in Florida in late May 2024, according to her lawsuit. After returning to Minnesota, she fell ill with a listeria infection that matched the outbreak strain, and was hospitalized for six days and treated with antibiotics to prevent harm to her unborn child, the complaint alleges. The lawsuit accuses Boar's Head of manufacturing defects and negligence, seeking over $75,000 in damages.

Sue Fleming, Missouri. Fleming alleges she became gravely ill after consuming Boar's Head liverwurst in June of 2024. She spent nine days in the hospital and an additional 11 days in rehabilitation, according to her lawsuit. The suit, filed by Fleming and her husband Patrick, claims negligence and breach of warranty, and is seeking over $25,000 in damages. Fleming continues to suffer from neurological symptoms and weakness.
Gunter Morgenstein, New York. Morgenstein was 88 when he died on July 18 after consuming Boar's Head liverwurst earlier that month, a lawsuit filed on his behalf alleges. According to the complaint, his death was caused by sepsis and listeria meningitis after a 10-day hospitalization. The lawsuit alleges his death was a direct result of consuming contaminated deli meat.
Jeffrey Scott Cox, Alabama. Cox alleges that after consuming Boar's Head bologna, he developed severe neurological symptoms, including facial drooping and breathing difficulties. As of mid-August he remained hospitalized and on a ventilator, while his long-term prognosis unclear, according to court documents. The suit, filed by Cox's mother, is seeking more than $75,000 for alleged violations of Alabama's product liability law and negligence.
Rita Torres, New York. Torres' lawsuit, filed as a class action on behalf of consumers in New York, alleges that Boar's Head misled the public by failing to warn them about the listeria contamination. Torres seeks more than $5 million in damages, claiming that the company's recall efforts were also insufficient. "[T]his recall was deliberately designed to preclude the vast majority of consumers from receiving a recall," the suit alleges.
Sheryl Gatoff, California. Gatoff's suit, filed as a class action, claims Boar's Head failed to disclose the potential presence or risk of listeria in its products. Among other things, the company's packaging did not list any warnings, a violation of California consumer laws, the suit alleges.
Samantha Chuskas, Illinois. Chuskas' suit, filed as a class action, alleges false advertising by Boar's Head and that its marketing falsely presented the contaminated products as safe for consumption.