Food contamination is a serious public health issue that can result in illness, injury, or death. When consumers purchase food products, they trust that the items they consume are safe. However, when food becomes contaminated due to negligence, the consequences can be devastating. In response to the recent Boar’s Head listeria outbreak, product liability and wrongful death lawsuits are now being filed by consumers.
In the article below, the product liability attorneys at Kherkher Garcia explore Boar’s Head listeria outbreak, as well as notable injuries and claims. We will also provide an overview of how product liability and wrongful death claims can help victims pursue justice and compensation.
Boar’s Head Listeria Outbreak Information
The recent Boar’s Head listeria outbreak has raised significant concerns after the company issued a recall of certain prepackaged meats due to potential contamination with Listeria monocytogenes. Listeria is a harmful bacterium that can cause severe illness, particularly in vulnerable populations such as pregnant women, older individuals, and individuals with weakened immune systems. The primary concern revolves around the risk of listeriosis, a serious infection that can lead to symptoms like fever, muscle aches, headaches, and gastrointestinal issues. In severe cases, listeriosis can result in life-threatening complications, such as meningitis or sepsis.
Boar’s Head initiated the recall as a precautionary measure after routine testing indicated possible contamination in specific product lines. The company acted swiftly to remove the affected products from stores and urged consumers to either discard or return them for a refund. Consumers in at least 18 states have been affected by the contaminated products. At least nine people have died, and more than 50 people have been hospitalized. The U.S. Centers for Disease Control and Prevention (CDC) notes that this is the largest listeria outbreak since 2011.
Consumers who have purchased Boar’s Head products recently are advised to check the recall details and take immediate action if their items are part of the recall. Those experiencing symptoms of listeriosis after consuming the recalled products are urged to seek medical attention. This incident highlights the need for continued vigilance in food production and testing to protect public health from foodborne pathogens like listeria.
First Boar’s Head Listeria Outbreak Lawsuits Filed
The first lawsuits related to the Boar’s Head listeria outbreak have begun to emerge as affected consumers seek compensation for illnesses linked to contaminated prepackaged meats. Listeria infections can lead to serious health complications, especially for vulnerable individuals, and the recent outbreak has prompted legal action against the company.
First Federal Lawsuit
A pregnant woman from Minnesota, Ashley Solberg, is suing Boar’s Head after contracting listeria from the company’s deli meat, which she purchased at a Publix in Florida. Solberg was 36 weeks pregnant when she ate Boar’s Head ham and turkey while on vacation. After returning home, she developed severe symptoms including diarrhea, fever, and body aches. Testing confirmed that she had listeriosis, and her infection was linked to the ongoing listeria outbreak.
Boar’s Head, based in Sarasota, Florida, recalled 7 million pounds of meat and poultry products after a liverwurst sample tested positive for the listeria outbreak strain. Solberg’s case is the first federal lawsuit over the outbreak, filed in the District of Minnesota, seeking damages exceeding $75,000.
Solberg was hospitalized for six days and treated with intensive antibiotics to protect her unborn child. Even after her release, she remains concerned about the potential long-term effects on her baby. Pregnant women are especially vulnerable to listeria infections, which can lead to serious complications such as miscarriage, premature labor, or long-term health issues for the child.
The lawsuit seeks compensation for Solberg’s suffering and expenses related to the infection. Solberg’s legal team emphasizes the heightened risk listeria poses to pregnant women and their unborn children, highlighting the severe health issues it can cause, including intellectual disabilities and other complications.
First Wrongful Death Lawsuit
Nine people have died due to consuming Boar’s Head products contaminated with listeria, according to the CDC. One of the deceased, 88-year-old Gunter Morgenstein from Virginia, died after eating Boar’s Head liverwurst. His family has filed a wrongful death lawsuit against Boar’s Head Provisions Co., Inc.
Morgenstein, a Holocaust survivor, consumed Boar’s Head liverwurst sandwiches and later experienced diarrhea, weakness, and shortness of breath. He was hospitalized on July 8 and diagnosed with sepsis and listeriosis. Despite aggressive treatment, he passed away 10 days later. His death was confirmed as part of the Boar’s Head listeria outbreak.
The CDC’s investigation traced the outbreak to meats sliced at deli counters, including Boar’s Head liverwurst. USDA inspection reports revealed unsanitary conditions at the company’s Jarratt, Virginia, facility, including insects, mold, and mildew. Boar’s Head has since expanded its recall to include all products from this facility.
The CDC recently reported six additional deaths related to the outbreak. Given listeria’s long incubation period, more cases may emerge in the coming weeks. Morgenstein’s family, represented by attorney Ron Simon, seeks compensation for his death and hopes to hold Boar’s Head accountable for the avoidable tragedy. Simon emphasized that Gunter was a vibrant, active individual who should not have died from eating a sandwich.
Understanding Product Liability and Wrongful Death Claims from Contaminated Food Products
When contaminated food products lead to severe illness or death, victims and their families may pursue product liability or wrongful death claims to hold food manufacturers, distributors, and retailers accountable. Understanding these claims is crucial for seeking justice and compensation after a preventable tragedy.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for providing safe products to consumers. When a product is defective or dangerous and causes harm, the injured party can file a product liability claim. In the context of food contamination, this can include a variety of issues such as bacterial contamination (e.g., listeria, salmonella, or E. coli), foreign objects in food (e.g., metal or plastic), or improper labeling of allergens.
Product liability claims in food contamination cases generally fall under three categories:
- Defective Manufacturing: This occurs when the food product is contaminated due to an error in the manufacturing process. For example, if unsanitary conditions in a food processing plant lead to bacterial contamination, the manufacturer may be liable for any illnesses caused.
- Defective Design: Although less common in food cases, a defective design claim arises when the product’s design is inherently dangerous. In food contamination cases, this could involve packaging that fails to properly seal and protect the food from contamination.
- Failure to Warn: In some cases, a food product may require warnings or proper labeling to ensure consumer safety. For instance, failing to include warnings about potential allergens (such as peanuts) can lead to serious allergic reactions, and the manufacturer may be held liable for failing to inform consumers.
What is Wrongful Death?
Wrongful death occurs when someone’s death is caused by the negligent or wrongful actions of another party. In the case of food contamination, wrongful death claims are often filed by the family members of individuals who have died after consuming contaminated food products. These claims seek compensation for the losses suffered by the family, such as funeral expenses, lost income, and emotional distress.
To establish a wrongful death claim, the plaintiff must prove that:
- The death was caused by the contaminated food product.
- The defendant was responsible for the contamination.
- The family members have suffered damages as a result of the death.
Contaminated Food Products and Liability
Food contamination can occur at any point in the supply chain—from the farm to the processing plant, and even during transportation or at retail stores. The most common causes of food contamination include:
- Bacterial contamination: Pathogens such as listeria, salmonella, E. coli, and campylobacter are responsible for most foodborne illnesses. These bacteria can be introduced into the food during processing, handling, or packaging.
- Foreign objects: Consumers have reported finding pieces of plastic, metal, or glass in their food. These foreign objects can cause physical injury and may indicate a failure in the quality control process.
- Chemical contamination: Pesticides, cleaning agents, or other harmful chemicals can make their way into food products and lead to illness or death if consumed.
- Improper labeling: Allergen mislabeling is a significant risk for individuals with food allergies. Failure to disclose allergens on packaging can lead to life-threatening allergic reactions.
Establishing Negligence in Food Contamination Cases
To succeed in a product liability or wrongful death claim related to food contamination, the plaintiff must prove that the food product was contaminated and that the contamination caused the injury or death. In legal terms, this requires showing that the defendant acted negligently. Negligence can occur in various forms, such as:
- Failure to maintain sanitary conditions: Food manufacturers and distributors must follow strict guidelines to ensure the safety of their products. Failure to adhere to these standards can lead to contamination and illness.
- Failure to properly inspect food products: Companies are responsible for ensuring that the food they produce or sell is safe for consumption. Failure to inspect food products for contaminants or defects can be considered negligence.
- Failure to recall contaminated products: Once contamination is discovered, companies must take immediate steps to recall the product and warn consumers. Failing to issue a timely recall can increase liability.
Filing a Product Liability or Wrongful Death Claim
If you or a loved one has been harmed by a contaminated food product, there are steps you can take to file a product liability or wrongful death claim. The process typically involves:
- Identifying the Responsible Parties: In a product liability case, it’s crucial to identify all potential defendants. This could include the food manufacturer, distributor, retailer, or even a restaurant that served the contaminated food. In some cases, multiple parties may be held liable.
- Gathering Evidence: In order to build a strong case, you will need to collect evidence of the contamination, such as receipts, product packaging, or medical records. If possible, preserving a sample of the contaminated food can be crucial to proving your case.
- Filing a Complaint: Once you have gathered sufficient evidence, your attorney will file a complaint against the responsible parties. This legal document outlines the facts of the case and the damages you are seeking.
- Proving Causation: One of the key challenges in a food contamination case is proving that the contaminated product caused the injury or death. This often requires expert testimony from medical professionals or food safety experts.
- Negotiating a Settlement or Going to Trial: In many cases, the defendants may offer to settle the claim out of court. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome.
Compensation for Victims and Families
In a product liability or wrongful death claim related to food contamination, the compensation awarded can vary depending on the severity of the injury or loss. Victims and their families may be entitled to compensation for:
- Medical expenses: This includes the cost of hospitalization, treatment, and any long-term care required as a result of the foodborne illness.
- Lost wages: If the victim was unable to work due to illness or death, compensation may cover lost income.
- Pain and suffering: This includes both physical pain and emotional distress caused by the illness or death.
- Funeral expenses: In wrongful death claims, families can seek compensation for the costs of funeral and burial services.
- Loss of companionship: Families who have lost a loved one may be entitled to compensation for the emotional toll of the loss.
Get Help with Product Liability or Wrongful Death Claims
Product liability and wrongful death claims arising from contaminated food products are complex and require a thorough understanding of food safety laws, manufacturing practices, and legal procedures. When tragedy strikes, consumers can count on the skills, expertise, and success record of Kherkher Garcia.
At Kherkher Garcia, our team of attorneys specialize in personal injury, product liability, and wrongful death claims. When contamination leads to illness or death, the responsible parties must be held accountable. Our firm has helped clients recover billions of dollars from negligent parties.
Whether you are a victim seeking compensation for an injury or a family member seeking justice for a lost loved one, it is essential to consult with an experienced attorney who specializes in product liability and wrongful death cases. The team at Kherkher Garcia can help you navigate the legal process and fight for the compensation you deserve.
To get started, call us at 713-333-1030, or complete our online contact form.
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