Boar's Head Faces Lawsuits After Massive Listeria Outbreak

Action Taken Following Deadly Contamination Linked to Deli Meats

Boar’s Head, a widely recognized name in deli meats and cheeses, is now embroiled in significant legal challenges following a massive recall linked to a deadly listeria outbreak. The recall, involving over 7 million pounds of products, has sparked a potential class action lawsuit, highlighting the severe implications of this contamination incident.

The lawsuit, filed in the United States District Court for the Eastern District of New York on August 1, 2024, accuses Boar’s Head Provisions, Co. Inc. of failing to properly inform consumers about the potential contamination by Listeria monocytogenes, a harmful bacteria. The plaintiff, Rita Torres, claims that she purchased one of the recalled products and argues that consumers would not have done so had they been adequately warned about the possible bacterial contamination.

On July 26, Boar’s Head announced the recall of 207,528 pounds of liverwurst and other deli meats produced between June 11, 2024, and July 17, 2024. This initial recall was later expanded on July 30 to include over 7 million pounds of ready-to-eat meat and poultry products, covering 71 separate items produced between May 10, 2024, and July 29, 2024. This extensive recall followed the identification of a listeria outbreak by the U.S. Center for Disease Control, which reported 34 illnesses, 33 hospitalizations, and two deaths across 13 states by July 25.

Impact and Injuries from Listeria Contamination

Listeriosis, caused by Listeria monocytogenes, is a serious bacterial infection with symptoms that can range from fever and muscle aches to more severe manifestations like confusion, loss of balance, and convulsions. For high-risk groups, including older adults, people with weakened immune systems, and pregnant women, the consequences can be particularly dire, leading to miscarriages, stillbirths, premature delivery, or even death. The severity of these health risks underscores the significant impact on consumers who ingested the contaminated products.

Victims of listeria contamination can experience debilitating health issues that often require extensive medical treatment and hospitalization. The physical and emotional toll on affected individuals and their families can be profound, highlighting the critical need for accountability and compensation from responsible parties.

Filing a Lawsuit for Damages

Individuals and businesses impacted by the Boar’s Head listeria outbreak may pursue legal action to seek compensation for their losses. The process typically begins with an initial consultation with a product liability attorney who can assess the viability of the case. The attorney will help gather evidence, which may include medical records, purchase receipts, and expert testimonies to establish the link between the consumption of the contaminated products and the resulting health issues.

Filing a lawsuit involves submitting a detailed complaint outlining the nature of the harm caused, the alleged negligence of Boar’s Head, and the specific damages being sought. The discovery phase follows, during which both parties exchange relevant information and evidence. Settlement negotiations often occur before a case goes to trial, but if a settlement cannot be reached, the case proceeds to court where a judge or jury will decide the outcome.

Key Elements for Winning a Product Liability Lawsuit

To win a product liability lawsuit, plaintiffs must establish several key elements:

1. Duty of Care: The manufacturer had a duty to ensure the safety of their products.
2. Breach of Duty: The manufacturer failed to meet this duty, resulting in a defective product.
3. Causation: The defective product directly caused harm to the plaintiff.
4. Damages: The plaintiff suffered actual damages, such as medical expenses, lost income, and pain and suffering, due to the defect.

An experienced attorney is essential for navigating the complexities of product liability law, from gathering compelling evidence to negotiating with opposing counsel and presenting a strong case in court.

Potential Monetary Damages Recoverable in a Product Liability Lawsuits

Victims or families of victims affected by the listeria outbreak can seek various types of damages in a product liability lawsuit:

• Medical Expenses: Compensation for past and future medical bills related to the treatment of listeriosis.
• Lost Wages: Reimbursement for income lost due to illness and recovery time.
• Pain and Suffering: Damages for the physical pain and emotional distress caused by the illness.
• Wrongful Death: In cases involving fatalities, families may seek compensation for funeral expenses and the loss of companionship.