The wrongful death lawsuit related to the Boar’s Head listeria outbreak, filed by the family of Gunter Morgenstein, a Holocaust survivor, claims that he died after consuming contaminated Boar’s Head liverwurst. Morgenstein, 88, from Newport News, Virginia, developed symptoms after eating the product, leading to his death from listeriosis and sepsis. The Listeria lawsuit alleges negligence on Boar’s Head’s part, with the company recalling over 7 million pounds of products due to listeria contamination. Several other lawsuits and class actions have also been filed regarding the outbreak, which has caused multiple deaths and illnesses.
How is the investigation going in the listeria outbreak?
The investigation into the Boar’s Head listeria outbreak is ongoing, with several developments reported. The contaminated deli meats have been linked to at least nine deaths and over 57 hospitalizations across 18 states. Inspectors found numerous violations at Boar’s Head’s Jarratt, Virginia plant, including unsanitary conditions such as black mold and meat residue on equipment. This led to the recall of over 7 million pounds of meat in July 2024.
Congresswoman Jennifer McClellan and other lawmakers are demanding answers from Boar’s Head and government agencies like the USDA, questioning how such conditions went unchecked. Food safety experts, including attorney Bill Marler, are pushing for a congressional investigation to ensure accountability and prevent future outbreaks. There is also ongoing monitoring to identify additional cases of illness, as listeriosis can take weeks to manifest after exposure.
Boar’s Head has halted production at the affected plant and is cooperating with authorities to identify how the contamination occurred.
What do I need to prove to file a listeria lawsuit?
To file a successful listeria lawsuit, you generally need to prove the following elements:
- Ingestion of Contaminated Food: You must show that you consumed a product contaminated with Listeria monocytogenes. This is usually supported by purchase receipts, product packaging, and proof of consumption.
- Illness or Injury: You need to demonstrate that you suffered from listeriosis or related complications, which can be confirmed through medical records, test results, and expert testimony from healthcare professionals.
- Causation: It is essential to establish a clear link between the contaminated product and your illness. This often requires epidemiological evidence, such as traceback investigations or reports from health agencies like the CDC, showing that the outbreak originated from the product you consumed.
- Negligence or Liability: You must prove that the company responsible for producing, distributing, or selling the food was negligent in ensuring the safety of their product. This could be demonstrated through inspection reports showing unsanitary conditions, failure to follow proper food safety protocols, or other violations.
- Damages: You must quantify your losses, including medical bills, lost wages, pain and suffering, and other costs related to the illness.
If the lawsuit is part of a broader outbreak, such as the Boar’s Head listeria incident, there may be additional evidence, like government recalls or class-action suits, to support your claim.
Who is Ron Simon, the listeria lawyer who filed the wrongful death lawsuit for Gunter Morgenstein?
Ron Simon is a prominent food safety attorney specializing in cases involving foodborne illnesses, including listeria, E. coli, salmonella, and other pathogens. He has built a reputation as a leading lawyer in this field through his extensive work in litigating against food manufacturers, distributors, and retailers responsible for contaminated food products.
Simon has represented thousands of clients across the United States and has secured substantial settlements and verdicts for individuals affected by foodborne outbreaks. His legal practice, Ron Simon & Associates, focuses on holding companies accountable for negligence in food safety, and he has handled numerous high-profile cases involving wrongful deaths and severe illnesses caused by food contamination.
In the case of the Boar’s Head listeria outbreak, Simon filed a wrongful death lawsuit on behalf of the Morgenstein family. His work in such cases aims to obtain compensation for victims and to push for stronger food safety regulations and oversight.
