A federal lawsuit has been filed against Boar's Head Provisions of Sarasota, Fla., in the Eastern District of Virginia on behalf of Barbara Schmidt of Virginia, who spent six days in ICU and weeks in recovery after consuming Boar's Head Liverwurst. She tested positive for Listeria, and it is a match to the outbreak strain. Cause No. Case 3:24-cv-00631. 

In addition to seeking compensation for medical expenses and pain and suffering, Schmidt is seeking $10 million in punitive damages against Boar's Head for allowing unsafe conditions to remain in the plant that lead to this Listeria outbreak.

"The years of inspection reports ... leave little doubt that the Boar's Head plant's food safety plan must have been non-existent, " said food safety attorney, Bill Marler. "It is hard to wrap your head around how food could be produced in these conditions by this company and under the gaze of FSIS inspectors," said Marler.

According to the CDC, as of Aug, 27, 2024, a total of 57 people infected with the outbreak strain of Listeria have been reported from 18 states – Including: Arizona 1, Florida 3, Georgia 2, Illinois 1, Indiana 1, Maryland 8, Massachusetts 3, Minnesota 1, Missouri 3, New Jersey 5, New Mexico 1, New York 17, North Carolina 1, Pennsylvania 2, South Carolina 2, Tennessee 1, Virginia 4 and Wisconsin 1. One person got sick during their pregnancy and remained pregnant after recovering. So far, nine deaths have been reported, including one in Illinois, one in New Jersey, one in Virginia, one in Florida, one in Tennessee, one in New Mexico, one in New York and two in South Carolina.

Boar's Head has recalled over 7 million pounds of its deli meat. This recall expansion includes 71 products produced between May 10 and July 29, 2024, under Defendant's Boar's Head and Old Country brand names. These items include meat intended for slicing at retail delis as well as some packaged meat and poultry products sold at retail locations. These products have "sell by" dates ranging from 29-JUL-2024 through 17-OCT-24. The products subject to recall were distributed to retail locations nationwide, and some were exported to the Cayman Islands, Dominican Republic, Mexico and Panama. The products shipped to retailers bear establishment number "EST. 12612" or "P-12612" inside the USDA mark of inspection on the product labels.

Marler has also called on the U.S. House of Representatives and U.S. Senate committees to use their authority to get to the bottom of the Boar's Head Listeria outbreak that has sickened at least 57, killing nine to date.

Marler Clark is also representing several other victims or the families of deceased victims.  More lawsuits will be filed in the coming week.

Source: Marler Clark, The Food Safety Law Firm