At least nine people have died, and 57 people have been hospitalized due to a listeria outbreak linked to Boar’s Head products. Boar’s Head, known for its high-quality deli meats and cheeses, has issued a nationwide recall due to listeria contamination in at least one of their facilities. The listeria outbreak is currently affecting consumers in 18 states. The Boar’s Head recall has raised significant alarm among consumers, particularly because listeria is a serious foodborne pathogen that can lead to severe health complications, or even death.
In the article below, the product liability attorneys at Kherkher Garcia examine the Boar’s Head recall, the dangers posed by listeria, and how victims affected by listeria contamination can seek justice through a product liability attorney.
The Boar’s Head Recall: What Happened?
Boar’s Head is a trusted name in the food industry, often associated with high standards of quality and safety. However, like many food producers, the company is not immune to contamination risks. Recently, Boar’s Head issued a voluntary recall of several of its products after tests indicated the presence of Listeria monocytogenes, a harmful bacteria that can cause severe illness.
The recall was focused on specific batches of deli meats, including turkey and ham products. Consumers were advised to check their refrigerators and discard any products matching the recalled lot numbers. In total, more than 3,500 tons of products are subject to the recall. For a full list of products in the recall, visit the Food Safety and Inspection Service (FSIS) website.
The recall serves as a reminder that even reputable brands can encounter contamination issues, and it underscores the importance of food safety protocols in preventing serious public health risks.
The Dangers of Listeria Contamination
Listeria monocytogenes is a bacterium that can cause an infection known as listeriosis, which is particularly dangerous for certain populations. Pregnant women, newborns, older individuals, and those with weakened immune systems are at higher risk of severe illness from listeria. While healthy individuals may only experience mild symptoms, vulnerable populations can face life-threatening complications.
Symptoms of Listeriosis
Listeriosis can manifest in different ways, depending on the person infected. Common symptoms include:
- Fever
- Muscle aches
- Nausea
- Diarrhea
In severe cases, listeriosis can spread to the nervous system, causing more serious symptoms such as:
- Headaches
- Stiff neck
- Confusion
- Loss of balance
- Convulsions
For pregnant women, listeriosis is especially concerning because it can lead to miscarriage, stillbirth, or serious health issues for the newborn. Listeria can cross the placental barrier, infecting the fetus and leading to devastating outcomes. In older adults or those with compromised immune systems, listeriosis can cause severe sepsis, meningitis, and even death.
How Listeria Contaminates Food
Listeria bacteria are commonly found in soil and water, which means they can contaminate produce, meats, and dairy products. Unlike many other bacteria, listeria can grow and multiply at refrigerator temperatures, making it particularly difficult to control once it contaminates food products.
Foods at high risk of listeria contamination include:
- Deli meats
- Soft cheeses
- Unpasteurized milk
- Ready-to-eat meals
- Raw vegetables
Listeria contamination often occurs during food processing, packaging, or handling. In the case of the Boar’s Head recall, it’s possible that the bacteria were introduced at some point during production, either through equipment, packaging materials, or cross-contamination from other food products. Inspection reports from the Jarratt, Virginia plant suggest a profound lack of adherence to food safety and sanitation standards.
Legal Implications of Listeria Contamination: Who is Responsible?
When a company like Boar’s Head issues a recall due to contamination, it can lead to serious legal implications. Consumers who fall ill as a result of contaminated products may be entitled to compensation through a product liability lawsuit. These lawsuits can hold manufacturers, distributors, and retailers accountable for the harm caused by their products.
Types of Product Liability Claims
In the case of food contamination, there are three main types of product liability claims that a victim can pursue:
- Defective Manufacturing
This claim arises when a product becomes contaminated during the manufacturing process, as might be the case with Boar’s Head deli meats. If a manufacturing defect led to the presence of listeria in the product, the company could be held responsible for any resulting harm. - Defective Design
While less common in food contamination cases, a defective design claim could be applicable if the design of the product or its packaging made it particularly susceptible to contamination. - Failure to Warn
Food manufacturers have a duty to warn consumers about known risks associated with their products. If Boar’s Head or any other company failed to provide adequate warnings about the potential for contamination or the proper handling of their products, they could be liable for failing to warn consumers about the risks.
How a Product Liability Attorney Can Help Victims of Listeria Contamination
For victims of listeria contamination, the consequences can be severe and life-changing. Whether it’s a pregnant woman facing complications from a listeriosis infection or an older person suffering from a serious illness, the physical, emotional, and financial toll can be overwhelming. Fortunately, victims may have legal recourse to recover damages for their suffering.
Establishing Liability in Listeria Cases
One of the key roles of a product liability attorney is to establish liability by proving that the contamination occurred due to the negligence or wrongful actions of the manufacturer or distributor. This requires a thorough investigation into the manufacturing process, food safety protocols, and the company’s response to the contamination incident. The best way to establish liability is by working with a skilled product liability attorney.
To build a strong case, a product liability attorney may:
- Investigate the recall: Understanding the scope and cause of the recall is crucial to establishing liability. An attorney will examine whether Boar’s Head followed proper safety protocols and whether the contamination could have been prevented.
- Gather evidence: Evidence in a food contamination case can include medical records, laboratory tests, and expert testimony regarding the source and effects of the listeria contamination.
- Prove damages: Victims of listeria contamination may be entitled to compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
Compensation for Victims
Victims of listeria contamination may seek compensation for:
- Medical expenses: Treatment for listeriosis can be costly, particularly if hospitalization or long-term care is required.
- Lost income: Victims may need to take time off work to recover from their illness, leading to lost wages.
- Pain and suffering: Listeriosis can cause significant physical and emotional distress, particularly for those who suffer long-term complications or pregnancy-related losses.
- Wrongful death: In cases where listeriosis leads to the death of a loved one, family members may be able to pursue a wrongful death claim to seek compensation for their loss.
Protecting Your Rights After Listeria Contamination
The recent Boar’s Head recall highlights the dangers of listeria contamination and the importance of food safety. For those who have been affected by contaminated products, the consequences can be severe. If you or a loved one has suffered from listeria contamination, you may be entitled to compensation through a product liability lawsuit.
The product liability attorneys at Kherkher Garcia can help you navigate the complexities of your case, gather evidence, and hold the responsible parties accountable. Whether you’re facing medical bills, lost wages, or emotional trauma, our experienced attorneys will fight for the justice and compensation you deserve.
Have Questions about the Boar’s Head Recall and Your Rights?
If you have been affected by the Boar’s Head recall or any other foodborne illness, don’t hesitate to seek legal help. Contact Kherkher Garcia today to learn more about your rights and how you can pursue justice. For a free consultation, call us at 713-333-1030. You can also request additional information by completing our online contact form.
Image from Freepik
