In the wake of a deadly listeria outbreak linked to Boar’s Head deli meats, the company now finds itself at the center of a criminal investigation. With at least 59 hospitalizations and 10 deaths linked to the outbreak, law enforcement agencies, along with the U.S. Department of Agriculture (USDA), are taking an aggressive approach in determining responsibility. As families grieve and consumers remain wary, the legal ramifications are growing for both Boar’s Head and the regulatory agencies involved.
In the article below, the product liability attorneys at Kherkher Garcia explore the details of the listeria outbreak. We will provide a summary of the subsequent investigation, and offer insight into how affected individuals can seek legal recourse with the help of an attorney.
Overview of the Boar’s Head Listeria Outbreak
The Boar’s Head listeria outbreak, which has tragically claimed several lives, began with the contamination of deli meats. The meats were produced at one of the company’s processing plants in Virginia. Listeria monocytogenes is a deadly bacterium particularly dangerous for:
- Pregnant women
- Older individuals
- Individuals with weakened immune systems
When consumed in contaminated food, listeria can cause severe infections, leading to symptoms such as:
- Fever
- Muscle aches
- Gastrointestinal distress
In the most serious cases, listeria can lead to meningitis, blood infections, and death.
The outbreak quickly spread, with 59 people hospitalized across several states and 10 fatalities reported. As the number of cases grew, Boar’s Head initiated a recall of several of its products. The now-shuttered Virginia plant was identified as the source of the contaminated meat, prompting regulatory agencies to scrutinize the company’s operations more closely.
Overview of the Criminal Investigation
In response to the outbreak, the USDA’s Food Safety and Inspection Service (FSIS) launched an investigation into Boar’s Head and its processing plants nationwide. According to reports, the Virginia facility responsible for producing the contaminated meats had a long history of health violations. Inspectors had flagged issues including:
- Mold
- Insect infestations
- Inadequate sanitation practices
These violations were left unaddressed for years, allowing the listeria contamination to go undetected.
The USDA’s Food Safety and Inspection Service (FSIS) revealed the investigation while withholding records from other Boar’s Head plants, citing the need to protect the ongoing inquiry. Senator Richard Blumenthal and Representative Rosa DeLauro have called for criminal charges against the company, urging justice for consumers affected by the outbreak.
It remains unclear which aspects of the investigation are criminal or civil. FSIS is also conducting a review of inspection practices at Boar’s Head facilities and considering policy changes to prevent future oversight issues. Boar’s Head declined to comment on the investigation.
Criminal Investigation and Potential Charges
The Boar’s Head listeria outbreak is now the subject of a law enforcement investigation, which could lead to criminal charges. Both Senator Richard Blumenthal and Representative Rosa DeLauro have called for swift action, urging federal agencies to hold Boar’s Head accountable for the deaths and illnesses caused by the contaminated meat. In a letter to the USDA and the Department of Justice (DOJ), the lawmakers pushed for criminal prosecution, citing the company’s alleged negligence in ensuring the safety of its products.
As of now, it is unclear whether the investigation will lead to criminal or civil charges, but legal experts suggest that if Boar’s Head is found to have knowingly distributed contaminated food or failed to take corrective action despite clear evidence of contamination risks, the company could face significant criminal penalties. Potential charges could include violations of the Food, Drug, and Cosmetic Act, which prohibits the sale of adulterated or misbranded food products.
Legal Liability and Corporate Accountability
If criminal charges are brought against Boar’s Head, it would mark a significant development in the ongoing discussion of corporate accountability in the food industry. Foodborne illness outbreaks have plagued many major food manufacturers over the years, but criminal prosecution remains rare. In this case, the sheer scale of the listeria outbreak and the number of lives lost may set a new precedent for how food safety violations are handled.
Boar’s Head could face not only criminal charges but also civil lawsuits from affected individuals and families. Victims of the outbreak and their loved ones may seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Wrongful death
A successful lawsuit could hold Boar’s Head financially responsible for the harm caused by the outbreak, providing some measure of justice for those affected.
How a Personal Injury Lawyer Can Help
If you or a loved one has been affected by the Boar’s Head listeria outbreak, it is crucial to seek legal assistance as soon as possible. Foodborne illnesses can have devastating consequences, and victims may be entitled to significant compensation for the damages they have suffered.
An experienced personal injury attorney can help you navigate the complexities of a foodborne illness lawsuit, including determining whether Boar’s Head or other parties were negligent in producing or distributing contaminated food. Additionally, a skilled attorney will understand the various state and federal regulations governing food safety and can build a strong case to hold Boar’s Head accountable.
Key steps in pursuing a claim include:
- Gathering evidence. Your attorney will work with experts to review medical records, product recall information, and inspection reports to establish a clear link between your illness and the contaminated product.
- Calculating damages. An attorney will help assess the full extent of your damages, including current and future medical costs, lost wages, and pain and suffering.
- Negotiating settlements. In some cases, Boar’s Head may offer a settlement to avoid the costs of a trial. Your attorney can negotiate on your behalf to ensure you receive fair compensation.
- Litigating in court. If a settlement cannot be reached, your attorney will represent you in court. Your attorney will present evidence and advocate for your rights.
The Importance of Legal Representation
Foodborne illness cases are complex and require a thorough understanding of both product liability law and food safety regulations. By working with a knowledgeable attorney, you can maximize your chances of securing compensation and holding negligent companies accountable.
Kherkher Garcia has extensive experience representing victims of foodborne illness outbreaks and other product liability cases. Our team is dedicated to fighting for the rights of individuals harmed by corporate negligence. We understand the physical, emotional, and financial toll that a foodborne illness can take on a family.
Kherkher Garcia Committed to Protecting Consumer Rights
The Boar’s Head listeria outbreak serves as a stark reminder of the importance of food safety and corporate accountability. With a criminal investigation underway, it remains to be seen what penalties Boar’s Head will face for its role in this tragedy. In the meantime, victims of the outbreak should know that they have legal options available to them.
If you or a loved one has been affected by this outbreak, contact Kherkher Garcia today to discuss your legal options. Our team of experienced attorneys is here to help you get the justice you deserve and ensure that companies like Boar’s Head are held accountable for the harm they cause.
For a free consultation to find out how Kherkher Garcia can help you protect your rights, call us at 713-333-1030. You can also request more information by submitting our online contact form.
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