First Wrongful Death Lawsuit Filed as Death Count Rises in Boar's Head Listeria Outbreak

TALLAHASSEE, Fla. — The national food safety law firm of Ron Simon & Associates, along with Kelly/Uustal, PLC, has filed the first Boar's Head Listeria Wrongful Death Lawsuit, doing so on behalf of the family of Gunter Morgenstein. The lawsuit was filed in Sarasota County, Florida. 

A copy of the lawsuit is available upon request.

On June 30, Gunter Morgenstein, a Holocaust survivor, purchased Boar's Head liverwurst from his local Harris Teeter store in Newport News, Va. Over the next week, he consumed the liverwurst in sandwiches and thereafter began to experience diarrhea, weakness and shortness of breath.

On July 8, Morgenstein was taken by ambulance to Riverside Regional Hospital, where he was diagnosed with sepsis and listeriosis. His condition rapidly deteriorated and he died on July 18, surrounded by his loved ones.

According to the U.S. Centers for Disease Control (CDC), at least 57 victims in 18 states have tested positive for Listeria poisoning from contaminated Boar's Head products. All of the victims have been hospitalized, and nine have died. The CDC has since announced that this is the largest listeriosis outbreak since the 2011 outbreak linked to cantaloupe.

The investigation by federal and state health agencies has already identified a number of health violations at the company's Jarratt, Va., plant, according to documents from USDA FSIS, including the presence of mold, insects, blood puddles, contaminated water, old meat residue, ceiling leaks and contaminated food surfaces. The investigation remains ongoing.

Boar's Head has since recalled all products manufactured at the plant, which remains closed until further notice.

According to Ron Simon, attorney for the Morgenstein Family and other Listeria victims, "Gunter 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. 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.”

Simon and his law firm have established a Boar's Head Listeria Claim Center to assist victims in the outbreak. The claim center can be reached toll-free at 1-888-335-4901 or by going to the Listeria outbreak website at https://www.listeriaoutbreaklawyer.com/