Boar’s Head Listeria Cases Spark Lawsuits

The Boar’s Head Listeria Outbreak

The Centers for Disease Control and Prevention launched an investigation on July 19, 2024, after receiving reports of listeria infections linked to eating Boar’s Head deli meats.

The outbreak prompted a recall of several Boar’s Head products, including Strassburger Brand Liverwurst made in Virginia and other prepackaged deli products labeled “EST. 12612” or “P-12612.” The Boar’s Head recall includes 71 total products since July 26, or about 7.2 million pounds of deli meats.

Listeria bacteria can cause listeriosis, a foodborne illness that can cause serious health effects, especially for pregnant women, the elderly, and those with compromised immune systems. Listeriosis is most commonly linked to consuming unpasteurized milk products and deli meats that are handled or processed incorrectly. The bacteria can survive refrigeration or freezing.

Listeriosis is treated with antibiotics. Cases of listeriosis can be slow to develop, however. According to the CDC, patients can take up to ten weeks to show symptoms after infection.

Current and Proposed Cases

Since the launch of the July 19 investigation, the CDC has received reports of 57 cases of listeriosis linked to the Boar’s Head products. These include 57 hospitalizations in 18 states and reports of 9 deaths.

The deaths and injuries have also led to lawsuits. A class action filed in the United States District Court for the Eastern District of New York on August 1, for example, alleges that Boar’s Head Provisions Co., Inc. “improperly, deceptively, and misleadingly labeled and marketed its products” by failing to disclose the full risk of Listeria contamination. The plaintiff in the class action lawsuit alleges she and other “reasonable customers” wouldn’t have purchased the product if they’d had adequate warnings about the contamination risk.

Other cases, linked to individual injuries and deaths, are also appearing. One wrongful death lawsuit was filed by the family of an 88-year-old man who died of sepsis and listeriosis after eating Boar’s Head liverwurst sandwiches.

The wrongful death claim alleges that the man began experiencing diarrhea, weakness, and shortness of breath after eating the Boar’s Head liverwurst in the first week of July 2024. He was hospitalized on July 8 with listeriosis and sepsis, a systemic infection. He died ten days later.

The deceased man “was a very active and vibrant personality and was still working right up until his illness. He should not have died from eating a sandwich,” says Ron Simon, the attorney representing the family and other victims of the Listeria outbreak.

Several personal injury lawsuits also allege harm from listeriosis linked to Boar’s Head products. A couple in Missouri filed a lawsuit claiming the outbreak made them “deathly ill,” noting that one of the partners, age 88, required hospitalization after eating Boar’s Head liverwurst. A Florida woman also filed a lawsuit after a Listeria infection from Boar’s Head sliced ham or turkey sickened her and threatened the life of her unborn child.

The CDC estimates that pregnancy increases the risk of a Listeria infection tenfold. Listeriosis during pregnancy can cause miscarriage, premature labor, low birth weight in infants, and infant death. Infected infants may develop intellectual disabilities, paralysis, and vital organ impairments.

What Attorneys Can Expect

As the number of reported cases continues to grow, so do the potential lawsuits. Some claims may be handled through a class action similar to the one filed in the Eastern District of New York. Others will focus on specific damages incurred by injured people or the families of those who died from consuming contaminated products. Prompt communication can help injured people understand their options in an otherwise confusing and difficult time.