The recent Boar’s Head listeria recall has many of us checking our fridges and reconsidering our deli meat choices. This recall involves several popular products due to listeria contamination, which poses serious health risks. If you’ve experienced health problems from these contaminated products, there are legal options available to help with medical bills and related expenses. At Ethen Ostroff Law, we’ll guide you through them, working towards getting you the support you truly need.
Discovery of the Listeria Outbreak
In 2024, a significant listeria outbreak was traced to the Boar’s Head processing plant in Jarratt, Virginia. These harmful bacteria have led to 10 deaths and 59 hospitalizations across 19 states. The contaminated deli meats, including liverwurst, raised serious concerns. During an inspection, the U.S. Department of Agriculture found unsanitary conditions, including mold, insect infestations, and dirty equipment. Over 13 months, the facility was cited for 69 violations, pointing to a clear food safety failure.
Boar's Head Deli Meats Recall
On July 26, 2024, the USDA’s Food Safety and Inspection Service announced a recall of Boar’s Head liverwurst and other deli meats after a Maryland Department of Health test confirmed listeria contamination. This initial recall impacted over 200,000 pounds of products produced between June 11 and July 17, 2024. By July 30, Boar’s Head expanded the recall to 7 million pounds of ready-to-eat meat and poultry. The affected products were made at the company’s Jarratt, Virginia, facility between May 10 and July 29, 2024, and distributed nationwide. Ham, salami, bologna, liverwurst, pate, and more were included in the recall, with a full list available on Boar’s Head’s website.
What is Listeria?
Listeria is a type of bacteria that can cause foodborne illness. According to the Centers for Disease Control and Prevention, listeria can easily spread through equipment, surfaces, and even hands. While most healthy individuals don’t experience severe symptoms, certain groups—like those over 65, newborns, and pregnant women—are at a higher risk. Pregnant women may only have mild symptoms, but listeria can be fatal for unborn babies. In fact, one pregnant woman was infected during the Boar’s Head recall but continued her pregnancy. In the U.S., around 1,600 people are diagnosed with listeriosis each year, resulting in approximately 260 deaths, making it the third leading cause of death from foodborne illness.
Foods that are often associated with listeria contamination include:
- Deli meats
- Raw vegetables and fruits
- Soft cheeses made from unpasteurized milk
- Uncooked meats
How Listeria Spreads Among Deli Meats
Listeria can show up in places like soil, water, and animal droppings, along with raw materials. According to the CDC, deli meats, cheeses, and other products are particularly at risk because listeria spreads easily across deli equipment and surfaces. While refrigeration is helpful, it doesn’t kill listeria, making it tough to deal with. If meats are prepared in an environment where listeria is present, it can transfer to surfaces, hands, and the food itself. For example, a listeria outbreak in 2022 caused one death and sickened 16 people across six states, while another outbreak in 2020 resulted in one death and 12 illnesses in four states.
Recalled Boar's Head Meat Products
Boar’s Head listeria recall affects a variety of its products. Here’s a quick list of what’s included in the recall:
- All-Natural Applewood Smoked Uncured Ham
- Beef Bologna
- Canadian Style Uncured Bacon
- Gourmet Pepper Brand Ham
- Liverwurst Pate
- Maple Glazed Roast Pork Loin
- Old Country Brand Beechwood Smoked Ham
- Old Country Brand Tavern Ham
- Strassburger Brand Liverwurst
- Sweet Slice Smoked Uncured Ham
- Virginia Ham
It’s best to toss any recalled items or take them back to the store for a full refund. You can find the complete Boar’s Head recall 2024 listeria list on the company’s website.
States Affected by Boar's Head Listeria Outbreak
The CDC has confirmed listeria cases linked to Boar’s Head products across 19 states. These are:
- Arizona
- Florida
- Georgia
- Illinois
- Indiana
- Louisiana
- Maryland
- Massachusetts
- Minnesota
- Missouri
- New Jersey
- New Mexico
- New York
- North Carolina
- Pennsylvania
- South Carolina
- Tennessee
- Virginia
- Wisconsin
How to Identify Recalled Boar's Head Products
To see if you’ve bought a recalled Boar’s Head item, follow these steps:
- Check Labels: Look for “EST. 12612” or “P-12612” on your product labels. These codes identify the affected facility.
- Check Official Sources: The USDA and CDC provide the latest recall updates and lists.
- Review the Boar’s Head Recall List: Products like liverwurst, uncured ham, and bacon from June 11 to July 17, 2024, are included.
- Sell-By Dates: Check for dates between July 25 and August 30, 2024, on liverwurst products.
By following these steps, you can determine if your Boar’s Head product is part of the recall and take appropriate action to ensure safety.
Symptoms of Listeria Infection
When dealing with listeria infection, you might experience a range of symptoms that can vary in severity. Here’s what to look out for:
- Confusion or Disorientation: More serious cases may lead to feelings of confusion, especially in vulnerable individuals.
- Diarrhea: This can vary; it’s often mild but may become severe in certain cases.
- Fever: This can range from mild to high, depending on how serious the infection is.
- Headache: Persistent or severe headaches can develop as the infection progresses.
- Loss of Balance: Difficulty maintaining stability may indicate that the infection has affected the nervous system.
- Muscle Aches: You might feel generalized muscle pain, like what you experience with the flu.
- Nausea and Vomiting: Gastrointestinal discomfort is common, and vomiting may occur as well.
- Seizures: Though rare, seizures can occur, signaling that the infection may have impacted the brain.
- Stiff Neck: This could be a sign of meningitis, a serious complication associated with listeria.
Dangers and Complications of Listeria
Listeria poses particular risks to certain populations:
- Death: Listeriosis can be fatal, especially among high-risk groups like the elderly, newborns, pregnant women, and individuals with weakened immune systems.
- Endocarditis: Though rare, this infection of the heart’s inner lining is a severe complication.
- Long-term Neurological Damage: Meningitis from listeriosis can lead to lasting brain damage or other neurological issues.
- Meningitis: This infection affects the membranes around the brain and spinal cord, which can be life-threatening.
- Pregnant Women: Infection can result in miscarriage, stillbirth, premature delivery, or severe infections in newborns.
- Septicemia: Listeria can lead to blood poisoning, a serious and potentially fatal condition.
If you think you may have eaten contaminated food and are experiencing any of these symptoms, it’s crucial to seek medical help immediately.
How to Prevent Listeria from Deli Meat
Health officials recommend that pregnant individuals, those over 65, and people with weakened immune systems should:
- Avoid Deli Meats: Don’t eat deli meat unless it’s been reheated to 165°F. Let it cool down before enjoying it.
- Check For Recalls: If you’ve bought any affected Boar’s Head products, don’t eat them—return or dispose of them instead.
- Keep Things Clean: Regularly clean your fridge and any surfaces that might have come into contact with deli meats.
- Monitor Your Health: If you experience symptoms of a listeria infection, call your healthcare provider.
What to Do After Eating Recalled Boar's Head Products
If you’ve eaten any Boar’s Head deli meats involved in the recent recall, here are a few steps you should take to protect your health and prevent further complications:
- Check the Labels: Look for establishment numbers “EST. 12612” or “P-12612” to confirm if your product is affected by the recall. This includes Boar’s Head and Old Country deli meats like ham, bologna, and liverwurst.
- Return or Throw Away: If your product is on the recall list, don’t eat it—either return it for a refund or safely discard it.
- Clean Your Fridge: Listeria can spread easily, so sanitize your refrigerator and any surfaces the meat touched.
- Watch for Symptoms: Listeria symptoms can start anywhere from the day you eat the product up to 10 weeks later. Look for signs like fever, muscle aches, nausea, and confusion.
- Contact a Doctor: If you notice any symptoms, especially if you’re pregnant, elderly, or immunocompromised, get medical help immediately.
Boar's Head Response to the Listeria Outbreak
Boar’s Head took these significant steps to address the issue and boost safety in response to the listeria outbreak tied to its products:
- Immediate Recall and Closure: Boar’s Head swiftly recalled the affected products after confirming that a sample of liverwurst was contaminated with Listeria monocytogenes. The Boar’s Head listeria recall was expanded to include over 7 million pounds of various ready-to-eat meats from their Jarratt, Virginia facility, which was identified as the source of the contamination. The plant was also closed indefinitely following reports of unsanitary conditions, including mold and insects. The closure is part of a larger effort to ensure better standards moving forward.
- Commitment to Food Safety: Boar’s Head permanently discontinued the production of liverwurst, the product tied to the outbreak, reflecting their commitment to consumer safety. They have also announced a set of stronger safety protocols, which includes creating a Food Safety Council and appointing a Chief Food Safety Officer to oversee all safety measures in their operations. This demonstrates their commitment to improving safety standards.
- Transparency and Communication: Boar’s Head has remained transparent throughout the process, making public statements about the outbreak, and offering condolences to affected individuals. The company has used this crisis as a steppingstone to improve food safety for its brand and the industry. They’ve also been working closely with regulatory bodies and health officials to address the situation thoroughly and prevent future occurrences.
- Ongoing Investigations: There are indications that legal investigations may be underway, with a focus on Boar’s Head’s practices and food safety oversight during the outbreak.
Boar's Head Listeria Lawsuits
Boar’s Head is facing several lawsuits after the listeria outbreak linked to its deli meats. These cases typically fall into two categories:
- Class Action Lawsuits: Filed on behalf of many consumers, claiming Boar’s Head failed to warn the public about the contaminated products. They’re seeking compensation for medical costs and other damages.
- Individual Lawsuits: Filed by people who became sick, accusing Boar’s Head of ignoring safety issues in their facilities.
These lawsuits aim to hold the company responsible for the outbreak’s effects.
Main Allegations Against Boar's Head
The lawsuits against Boar’s Head largely revolve around claims of negligence, fraudulent concealment, and breaches of consumer protection laws following the listeria outbreak tied to its deli meat products. Below are the key allegations detailed in the lawsuits:
- Breach of Warranty: The lawsuits state that Boar’s Head violated implied and express warranties by selling contaminated food items without appropriate warnings, making them unsafe for consumption.
- Fraudulent Concealment: The company is alleged to have concealed critical information about unsafe conditions at its Jarratt, Virginia facility. Plaintiffs claim Boar’s Head knew about unsanitary conditions like mold and insect infestations but did not disclose this to the public in a timely manner.
- Inadequate Recall Process: Allegations also focus on Boar’s Head listeria recall‘s effectiveness, suggesting it was poorly executed, preventing many consumers from becoming aware of the contaminated products. This is seen as a failure in protecting consumer safety and trust.
- Negligence: Boar’s Head is accused of failing to uphold proper hygiene and safety standards at their production plants, which led to listeria contamination in their products.
- Personal Injuries and Wrongful Death: Many lawsuits claim that individuals suffered from severe listeria infections after consuming Boar’s Head products. Some lawsuits even detail wrongful death claims from families who lost loved ones due to the outbreak, highlighting the severe health consequences of the contamination.
- Violation of Consumer Protection Laws: Some lawsuits cite violations of state consumer protection laws, such as the Virginia Consumer Protection Act. They argue that Boar’s Head misrepresented the safety of its products, failing to warn customers about the potential risks tied to listeria exposure.
- Compensation Sought: The lawsuits are seeking significant compensation for victims, including compensatory damages for medical costs and other expenses. In some cases, plaintiffs are also seeking punitive damages to hold Boar’s Head accountable for their actions. Specific claims include requests for millions of dollars in both compensatory and punitive damages.
These allegations underscore major concerns about Boar’s Head’s food safety practices, reflecting the serious nature of the health risks and legal accountability the company faces.
Notable Cases Against Boar's Head
Boar’s Head is facing several lawsuits related to the listeria outbreak linked to their deli meats, with claims ranging from personal injury to wrongful death. Some notable cases include:
- Ashley Solberg, Minnesota: While 35 weeks pregnant, Ashley fell ill after consuming Boar’s Head deli meat. She was hospitalized for six days to prevent harm to her unborn child. Her lawsuit claims negligence and defective manufacturing, seeking over $75,000 in damages.
- Barbara Schmidt, Virginia: Barbara’s $11 million lawsuit details how she became gravely ill after consuming Boar’s Head liverwurst. Following multiple hospitalizations and intensive care treatment, she is still recovering from the listeria infection. The lawsuit claims negligence, seeking significant damages for medical bills, emotional anguish, and lost wages.
- Gunter Morgenstein, New York: The family of 88-year-old Gunter claims he died from sepsis and listeria meningitis after consuming Boar’s Head liverwurst. The lawsuit alleges wrongful death due to contaminated products.
- Jeffrey Scott Cox, Alabama: Jeffrey developed severe neurological issues after eating Boar’s Head bologna, leaving him hospitalized and on a ventilator. His family is suing for violations of product liability laws and negligence, seeking over $75,000.
- Rita Torres, New York: Rita has filed a class-action lawsuit alleging Boar’s Head misled the public and failed to warn consumers about the listeria contamination. The suit seeks over $5 million in damages, also accusing the company of a poorly managed recall.
- Samantha Chuskas, Illinois: Samantha’s class-action lawsuit focuses on false advertising. She alleges Boar’s Head promoted the contaminated products as safe, violating consumer protection laws.
- Sheryl Gatoff, California: Sheryl’s class-action suit claims Boar’s Head violated California consumer laws by failing to disclose the risks of listeria. The packaging lacked proper warnings, and the suit alleges that consumers were misled.
- Sue Fleming, Missouri: Sue became severely ill after eating Boar’s Head liverwurst. After nine days in the hospital and 11 more in rehab, she still suffers from neurological symptoms. Sue and her husband are suing for negligence and breach of warranty, seeking over $25,000.
These cases highlight the severe consequences of the listeria contamination, from significant health issues to wrongful death, with victims across the U.S. seeking compensation for Boar’s Head’s alleged negligence and failure to ensure product safety.
Steps for Filing a Boar's Head Listeria Recall Lawsuit
If you’re filing a lawsuit against Boar’s Head because of the recent listeria outbreak, here’s a clear process to help you navigate through it:
- Determine Your Eligibility: First, assess if you or a loved one might have a valid case. If you consumed the recalled Boar’s Head deli meat and developed serious health issues, were hospitalized, or are dealing with long-term complications, you could be eligible to file a lawsuit.
- Gather Your Evidence: Start collecting important documents that will support your case. This includes receipts or proof of purchase for the recalled products, medical records that detail your diagnosis and treatment for listeriosis, and any correspondence with healthcare providers about your illness. Having thorough documentation will strengthen your claim.
- Consult a Lawyer: It’s wise to speak with an attorney specializing in foodborne illness or product liability cases. Many law firms, including Ethen Ostroff Law, offer free consultations to evaluate your situation. Be ready to discuss the specifics of your illness, your medical treatment, and any financial losses you’ve incurred.
- File the Lawsuit: If you decide to go ahead with the lawsuit, your attorney will guide you through the filing process. This will involve drafting and submitting a complaint that lays out your allegations against Boar’s Head. You’ll also specify the damages you’re seeking. These include medical expenses, lost wages, pain and suffering, and possibly punitive damages.
- Join Existing Lawsuits: You might also consider joining any existing class action lawsuits against Boar’s Head if you feel it applies to your situation. This can simplify the process for you and potentially improve your chances of getting compensation.
- Follow Legal Procedures: Stay in close touch with your lawyer throughout the legal proceedings. They will help you navigate essential steps, including depositions and discovery. Be prepared for the possibility of negotiations or settlement discussions with Boar’s Head’s legal team.
- Stay Informed: Keep yourself updated on any new developments regarding the listeria outbreak and ongoing lawsuits against Boar’s Head. It’ll help you make well-rounded decisions as you move forward.
Important Considerations When Filing a Lawsuit
If you’re thinking about filing a lawsuit due to the Boar’s Head recall 2024, here are some key points to help you through the process:
- No Upfront Costs: Most lawyers working on these cases operate on a contingency fee basis. This means you won’t have to pay anything upfront; they only get paid if you win your case.
- Statute of Limitations: Every state has its own deadlines for filing lawsuits, known as the statute of limitations. It’s crucial to act promptly to ensure you can seek compensation.
Eligibility for Filing a Boar's Head Recall Lawsuit
You may be eligible to file a lawsuit against Boar’s Head if you or someone you care about has:
- Consumed recalled Boar’s Head deli meat
- Experienced a serious or life-threatening illness
- Required hospitalization due to the severity of symptoms
- Died from an infection caused by listeria
Common Compensations Sought in Lawsuits
In lawsuits related to the Boar’s Head listeria outbreak, plaintiffs typically seek the following types of compensation:
- Lost Wages: Compensation for income lost due to time away from work while recovering from illness.
- Medical Expenses: Reimbursement for costs associated with hospitalizations, treatments, and medications.
- Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life caused by the illness.
- Punitive Damages: Additional monetary compensation intended to punish Boar’s Head for negligence and deter future misconduct.
Importance of a Personal Injury Lawyer
Having a personal injury lawyer by your side is incredibly valuable, especially after an incident like a listeria outbreak. Here’s why:
- Legal Guidance: They know the law inside and out, helping you navigate the complexities of your case.
- Case Evaluation: A skilled lawyer can assess your situation and provide insights on potential outcomes.
- Document Gathering: They assist in collecting important paperwork, such as medical records and purchase receipts, to strengthen your case.
- Negotiation Expertise: Lawyers are adept negotiators, fighting for fair compensation on your behalf.
- Stress Relief: With them handling the legal details, you can focus on healing without added worries.
- Maximized Compensation: They understand what you’re entitled to, including medical expenses, lost wages, and pain and suffering, ensuring you receive the best possible outcome.
In short, a personal injury lawyer can be your strongest ally in achieving the compensation you deserve.
Choose Ethen Ostroff Law
The recent listeria outbreak linked to Boar’s Head Deli meats has left many families facing serious health challenges. The aftermath can be heartbreaking, leading to hospitalizations, long-term complications, and even wrongful death. At Ethen Ostroff Law, we truly understand what you’re going through. If you choose to work with us, we’ll secure your compensation while prioritizing your recovery. Call us for a free case review.
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