Law Commentary - California Edition
First Wrongful Death Lawsuit Filed in Deadly Boar’s Head Listeria Outbreak
A wrongful death lawsuit has been filed after an 88-year-old holocaust survivor died in connection to a listeria outbreak last month. In recent weeks, over 57 victims across 18 states have tested positive for listeria after consuming meats manufactured by popular deli meat provider, Boars Head.
The 88-year-old victim is identified as Gunter Morgenstein. The lawsuit claims that Morgenstein purchased and consumed liverwurst in late June from his local Harris Teeter supermarket. He quickly became ill after consuming the meat. Morgenstein went on to spend ten days in the hospital but eventually passed away from complications after the infection spread to his brain. His illness was confirmed to have been linked to Boar’s Head products, according to reports from the Associated Press.
Recent reports show a connection to contaminated meats from a Boar’s Head plant in Jarratt, Virginia. The AP highlights at least 69 instances in which the Virginia plant was non-compliant with federal regulations. Among the violations identified by officials with the Agriculture Department are issues with mold and insect infestation. There have also been reports of liquid dripping from ceilings and meat and fat residue on walls, equipment, and floors.
During a food safety inspection between Aug. 1, 2023, and Aug. 2, 2024, officials with the U.S. Food Safety and Inspection Service say they found "heavy discolored meat buildup" and "meat overspray on walls and large pieces of meat on the floor." There were also reports of blood pooling on the floor.
Morgenstein’s family shares that they were disgusted with the findings and the conditions of the plant that supplied meat to millions of customers across the nation. Morgenstein's son, Garshon, shared, "I think it is disgusting and shameful,” adding, "I'm just even more in shock that this was allowed to happen."
According to the younger Morgenstein, his dad was in good health before he fell ill. He says his father enjoyed eating liverwurst and insisted on the Boar’s Head brand because he believed it was a quality product. "It's really just a senseless accident and tragedy for something that just should not have ever happened," Garshon said, adding, "He still had many good years left."
The lawsuit was filed in Sarasota County, Florida. It details one count of strict liability and another of negligence, among other charges. Under Florida’s strict liability standard, a defendant can be held liable for damages if their actions caused injury or death to someone, regardless of whether or not they were at fault.
The family is represented by a Florida attorney, Ron Simon. Simon shared of his client’s father, "Gunter was a very active and vibrant personality and was still working right up until his illness," adding "He should not have died from eating a sandwich. Our thoughts and prayers go out to all of the victims affected by this completely avoidable travesty. Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses. We will find out exactly how this happened and will force Boar's Head to make sure it does not happen again."
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