Marler Clark files another Wrongful Death Listeria Lawsuit against Boar’s Head

Seattle, WA –  Marler Clark, the Food Safety Law Firm, has filed an additional Listeria wrongful death complaint against Boar’s Head today. This case (https://www.marlerblog.com/files/2024/11/1-Complaint.pdf) joins there others filed in the last few weeks: One case was filed in Federal Court in New York, Complaint #1:24-cv-07184, and two were filed in Federal Court in Virginia, Complaint #3:24-cv-00737 and Complaint #3:24-cv-00739.

Boar’s Head Listeria Outbreak Facts

Epidemiologic, laboratory, and traceback data show that Boar’s Head meats, including Boar’s Head brand liverwurst, were contaminated with Listeria, and have resulted in 59 reported illnesses. All 59 people infected with the outbreak strain of Listeria have been hospitalized with 10 deaths reported. 

States where illnesses have been reported include Arizona 1, Florida 3, Georgia 2, Illinois 1, Indiana 1, Louisiana 1, Maryland 8, Massachusetts 3, Minnesota 1, Missouri 3, New Jersey 6, New Mexico 1, New York 17, North Carolina 1, Pennsylvania 2, South Carolina 2, Tennessee 1, Virginia 4, and Wisconsin 1.

1. On July 4 and 5, 2024, Decedent Gertrude Klabunde consumed Defendant’s Liverwurst, which was purchased on July 3, 2024, at Sprouts Farmers Market, located at 11201 Montgomery Blvd. Albuquerque, NM 87111.
2. On July 10, Decedent began to feel ill with diarrhea, muscle aches, headache, frequent urination.
3. Decedent Became delirious. Started asking for her Daddy to help her.  She lost appetite and started going downhill from there. She was unable to eat. She was put on a feeding tube. Massive antibiotics were administered. She became less and less responsive. She did not recognize her family. She was moved to hospice unit. She passed two days later August 8, 2024 at the age of 95.
4. It was confirmed by the CDC that Decedent’s Listeria culture was a WGS match to the outbreak strain, and her death was noted as a death related to Defendant’s outbreak.
5. Decedent’s injuries and death were caused by Defendant’s tainted food. 

Other Victims Stories 

Robert Hamilton, age 73, consumed Liverwurst purchased on July 1, 2024, at Stop and Shop in Hicksville, New York, and on July 3 or 4, 2024, at Hicks Piccolo Gourmet Delicatessen in Hicksville, New York. On July 12, 2024, Decedent’s condition had worsened, with weakness, stomach pains, diarrhea, fever, loss of appetite and a change in mental status. He was transported by ambulance to Nassau University Medical Center in East Meadow and admitted to the ICU. From his admission on July 12, 2024, until his death on July 18, 2024, his condition continued to deteriorate. After blood cultures confirmed that he was suffering from a Listeria infection, he was administered multiple antibiotics to save his life. The New York Department of Health confirmed that his Listeria culture was a WGS match to the outbreak strain.

Robert Ohly, age 89, regularly consumed Liverwurst purchased at Kroger’s, located at Highland Square, 265 Highland Sq, Crossville, TN 38555. Over the course of a few weeks, his condition deteriorated, and he was hospitalized at Cumberland Medical Center, where he tested positive for Listeria and fell into a coma.  He died on August 18, 2024.  His Death Certificate listed Listeria Septicemia as the cause of death. The Tennessee Department of Health confirmed that his Listeria culture was a WGS match to the outbreak strain.

Linda Dorman, age 74, consumed Liverwurst, which was purchased on June 24, 2024, at Martin’s Super Market, located at Rising Sun Town Center #24, Rising Sun, Maryland. By July 3, 2024, Decedent’s condition had worsened, and she was having trouble breathing. On July 4, Decedent’s condition had further deteriorated and necessitated transport by ambulance to the emergency department at ChristianaCare Christiana Hospital where she was hospitalized, tested positive for Listeria, fell into a coma, and then died on July 6, 2024. The Pennsylvania Department of Health provided confirmation that the Decedent’s Listeria culture was a WGS match to the outbreak strain.

Inspection Records for Boar’s Head

Multiple inspection records show consistent reports of mold and mildew throughout the Boar’s Head facility in Jarratt, Virginia.

January 2024 – “A black mold like substance was seen throughout the room at the wall/concrete junction. As well as some caulking around brick/metal,” an inspector wrote in January, noting that some spots were “as large as a quarter.” 

February 2024 – An inspector found “ample amounts of blood in puddles on the floor” and a “rancid smell” throughout a cooler used at the plant. Several records also flag sightings of insects in and around deli meats at the plant, including one instance that prompted the agency to tag more than 980 pounds of ham in a smokehouse hallway to be “retained” for an investigation.

June 2024 – A report flagged concerns over flies going in and out of “vats of pickle” left in a room. “Small flying gnat like insects were observed crawling on the walls and flying around the room. The rooms walls had heavy meat buildup,” the report notes. Other parts of the facility were also found to have bugs, including cockroaches and beetles as well as “ants traveling down the wall.”

July 2024 – Federal inspectors found mold and mildew around the hand washing sinks for the workers tasked with handling meats that are supposed to be ready to eat. Mold was found outside of steel vats used by the plant and in holding coolers between the site’s smokehouses. “A black mold like substance was seen throughout the room at the wall/concrete junction. Leaking and pooling water, including a puddle found with “a green algal growth” and condensation that was “dripping over product being held.” These leaks were near fans that appeared to be blowing the liquid onto uncovered deli meats.

About Marler Clark

William “Bill” Marler has been a food safety lawyer and advocate since the 1993 Jack-in-the-Box E. coli Outbreak which was chronicled in the book, “Poisoned” and in the recent Emmy Award winning Netflix documentary by the same name. Bill work has been profiled in the New Yorker, “A Bug in the System;” the Seattle Times, “30 years after the deadly E. coli outbreak, A Seattle attorney still fights for food safety;” the Washington Post, “He helped make burgers safer, Now he is fighting food poisoning again;” and several others. 

Bill is invited to speak regularly to industry and government throughout the United States, Canada, Europe, Africa, China and Australia on why it is important to prevent foodborne illnesses.  He is also a frequent commentator on food litigation and food safety on Marler Blog, and is the publisher of Food Safety News.

Listeria:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $900 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.   

If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.

Additional Resources:

• About Listeria – a complete online resource for Listeria information
• Family Health Guide About Listeria infection, or Listeriosis (pdf)
• Listeria News
• Listeria Lawsuits

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.

Source: https://www.marlerblog.com/case-news/marler-clark-files-another-wrongful-death-listeria-lawsuit-against-boars-head/