Boar’s Head Listeria Outbreak: Causes & Legal Options

A recent listeria outbreak linked to Boar’s Head deli meats has led to a recall of over 7 million pounds of meat. So far, the outbreak has led to 9 deaths and 57 illnesses across 18 states, as reported by the Herald-Tribune.

Victims include 88-year-old Gunter Morgenstein, whose family filed a wrongful death lawsuit, and Sue Fleming, who suffered a severe listeria infection requiring extensive hospitalization. The Food Safety and Inspection Service (FSIS) has since uncovered numerous health violations, such as insects and mold, at a Boar’s Head’s Virginia facility.

Due to these conditions, food safety lawyer Bill Marler has called for a congressional investigation, criticizing Boar’s Head and federal inspectors for their failure to address these issues sooner. Despite these violations, it took several months for a recall to be issued, prompting Marler to express serious concerns about how long it took for the plant to be held accountable.

Boar’s Head has paused production at the Virginia plant and expanded the recall to include all products from the affected facility. They have released a pledge to cooperate with federal agencies and implement more stringent safety measures. 

While the company expressed regret for the outbreak, many believe the true number of affected individuals is higher, as not all listeria cases are reported. As lawsuits continue to emerge, Boar’s Head faces increased scrutiny for its role in the outbreak.

What is causing all the food recalls?

The recent spate of food recalls in the U.S., including the Boar’s Head recall, stem from a variety of factors, but contamination is the primary culprit. Contamination can occur at various points in the food production and distribution process, including:

• Bacterial contamination. This is the most common cause of food recalls, with pathogens like Salmonella, Listeria, and E. coli leading to serious illnesses. Contamination can occur during slaughter or processing or due to improper handling and storage.  
• Foreign material contamination. Metal, plastic, glass, or other unintended objects can accidentally enter food products during processing or packaging, posing a choking or injury risk.  
• Allergen mislabeling. Failure to accurately list allergens on food labels can be life-threatening for individuals with severe allergies.  
• Undeclared ingredients. Sometimes, ingredients are intentionally or unintentionally omitted from labels, misleading consumers and potentially causing health issues.  
• Other Issues. Less common causes include chemical contamination, improper processing leading to toxin formation, and even packaging errors that compromise product integrity.

While the exact causes vary for each recall, these highlight the ongoing challenge of ensuring the safety and integrity of our food supply chain and the importance of vigilant oversight by regulatory agencies and continued efforts by food producers to maintain rigorous safety standards.

How do I find out about product recalls?

Fortunately, consumers can find information about food recalls from several reliable sources:

• The U.S. Food and Drug Administration (FDA). The FDA provides up-to-date recall information for foods, drugs, and cosmetics on its Recall Information Search page. The site includes details on current recalls and safety notices. You can also sign up for their alerts here.
• The U.S. Department of Agriculture (USDA). The USDA’s Food Safety and Inspection Service (FSIS) maintains a page dedicated to food recalls, specifically focusing on meat, poultry, and egg products.
• Recalls.gov. This government-run website consolidates recall information from various agencies, including the FDA and USDA, making it a one-stop shop for consumers to search for recalls across multiple categories, including food, cars, and household products.

These platforms are intended to provide timely recall information to help consumers stay informed and take necessary actions.

What if I get sick from a recalled food product?

If you get sick from a recalled product, you may be able to file a personal injury lawsuit in Montana. This would typically involve a product liability claim, where you may sue the manufacturer, distributor, or retailer of the product. 

Product liability claims generally fall under 3 main types:

1. Defective design. If the product’s design was inherently dangerous and led to your illness.
2. Manufacturing defect. If the product became harmful due to issues during production, such as contamination.
3. Failure to warn. If the product did not include proper warnings or labeling about its risks, such as allergens or potential contamination.

In Montana, if the recalled product caused your illness or injury, you would need to show that the product was defective or contaminated, that you suffered harm as a result, and that the harm was directly linked to using the product.

If a recall has already been issued, it can help establish that the manufacturer recognized a problem with the product, strengthening your case.

If successful, you could be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Consulting a local Montana personal injury attorney is highly recommended to evaluate your case and guide you through the legal process.

Have you become ill from a contaminated food product in Montana? Murphy Law Firm can help!

If you or someone you love became ill or died after eating contaminated food products, such as those linked to the Boar’s Head listeria outbreak, it’s important to reach out to a qualified attorney to ensure your legal rights are protected.

At Murphy Law Firm, our knowledgeable personal injury and wrongful death attorneys in Great Falls have over 75 years of combined experience helping Montana residents recover maximum compensation for their injuries.

We can answer your question, help you file a claim, and ensure you receive the compensation you deserve for medical bills, lost wages, and other damages. 

Contact us today to schedule a free consultation to discuss your case and explore your legal options.

References

McCloud, C., Snider, M., & Bridges, C. A. (2024, September 3). More illnesses expected from Boar’s Head listeria outbreak. Lawyer wants Congress investigation. Sarasota Herald-Tribune; Treasure Coast Newspapers. https://www.heraldtribune.com/story/news/2024/09/03/boars-head-listeria-recall-deli-meat-florida-deaths/75052744007/