More illnesses expected from Boar's Head listeria outbreak. Lawyer wants Congress investigation

The bad news continues for Boar's Head, the Sarasota-based company that recalled more than 7 million pounds of deli meats in July.

The recall was prompted by what the Centers for Disease Control called the  " largest listeriosis outbreak since the 2011 outbreak linked to cantaloupe .

Nine people have died in 18 states and 57 people have fallen ill from listeria associated with Boar's Head deli meat, as of the latest report from the CDC. More people are expected to become ill.

The first Boar's Head wrongful death lawsuit was filed in Sarasota County in Florida, according to PR NewsWire. It's not the first lawsuit to be filed.

Here's what you should know.

Boar's Head meat recalled for listeria

On July 26, Boar's Head announced it was recalling 207,528 pounds of deli meat linked to an outbreak of listeria that had killed two people and affected 34 across 13 states.

Less than a week later, the company said it was recalling about 7 million additional pounds of ready-to-eat meat and poultry products after a liverwurst sample collected by the Maryland Department of Health tested positive for the outbreak strain of listeria.

Wrongful death lawsuit filed in Florida over Boar's Head liverwurst

The family of Gunter Morgenstein filed a wrongful death lawsuit against Boar's Head Provisions Co., Inc. in Sarasota County.

According to the lawsuit, Morgenstein, an 88-year-old Holocaust survivor , ate Boar's Head liverwurst sandwiches and began to experience diarrhea, weakness, and shortness of breath. On July 8, he was hospitalized and diagnosed with sepsis and listeriosis. He died 10 days later, the lawsuit said.

"He should not have died from eating a sandwich," said Ron Simon, attorney for the Morgenstein family and other listeria victims.

"Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses.

"We will find out exactly how this happened and will force Boar's Head to make sure it does not happen again," Simon said.

What did federal inspectors find at the Boar's Head Virginia plant?

The Food Safety and Inspection Service filed 69 reports of "noncompliances" over the past year at the Boar's Head plant in Jarratt, Virginia.

The agency records were first obtained by CBS News through a Freedom of Information Act request. USA TODAY also made a request for the inspection documents and independently confirmed the reports.

Inspectors found insects — alive and dead — black and green mold, as well as mildew and puddles of blood were reported the plant in the weeks before Boar's Head Provisions Co. Inc, issued the July 26 recall of more than 200,000 pounds of liverwurst due to potential listeria contamination .

Among the "noncompliances" listed in the USDA reports were:

• July 25, 2024: A flying insect was spotted near a rack holding 980 pounds of Tavern Ham.
• July 23, 2024: An inspector found what "appeared to be black mold and mildew" and rust underneath hand washing sinks.
• July 17, 2024: Three dead insects found in the Cure Cooler and several more, two of which were alive, in the facility.
• June 10, 2024: "Approximately 15-20 flies were observed going in and out of the 4 vats of pickle left in the room" (on the plant's "raw side"). Also found in other parts of the plant were "small flying gnat like insects were observed crawling on the walls and flying around the room," plus "a steady line of ants … traveling down the wall floor junction on the right side of the room" and 7 ladybugs, 1 beetle-like insect and 1 cockroach-like insect.
• February 21, 2024: "Ample amounts of blood in puddles on the floor" in the Raw Receiving cooler. "There was also a rancid smell in the cooler."

"This is the worst set of inspection reports I have ever seen," Bill Marler, a Seattle attorney who specializes in food safety, told USA TODAY.

Food safety lawyer wants Congress to investigate Boar's Head

There will likely be more illnesses, and possibly more deaths, because the incubation period for listeria may last more than two months, so people who consumed tainted deli meat in July could still develop illnesses, Marler said.

"It's crazy. Not only was this plant better at producing listeria than it was at producing meat, but also, what were the inspectors doing?" he told USA TODAY.

Congress should investigate how the listeria outbreak arose and why inspectors allowed the plant conditions to exist for so long, Marler said.

Marler is representing the family of one person who died and two others who had illnesses in the outbreak.

Number of people infected with listeria probably higher

"The true number of sick people in this outbreak is likely higher than the number reported, and the outbreak may not be limited to the states with known illnesses," the CDC said.

"This is because some people recover without medical care and are not tested for listeria. In addition, recent illnesses may not yet be reported as it usually takes three to four weeks to determine if a sick person is part of an outbreak."

In some cases, it can take up to 10 weeks for some people show show symptoms of listeria, the CDC said.

Where were the Boar's Head recalled meats made?

The meat was produced at the Boar's Head production facility in Jarratt, Virginia.

List of Boar's Head deli meat, poultry included in recall

The expanded recall includes 71 products produced between May 10 and July 29 under the Boar’s Head and Old Country brand names.

"These products have 'sell by' dates ranging from July 29 through Oct. 17, 2024," according to a news release from the U.S. Department of Agriculture's Food Safety and Inspection Service.

The products have the establishment number “EST. 12612” or “P-12612” inside the USDA mark of inspection on the product labels.

The CDC says its data found that meats sliced at deli counters, including Boar's Head brand liverwurst, were contaminated with listeria and made people sick.

After a link was confirmed between the liverwurst and the outbreak, Boar's Head said on July 29 it "voluntarily decided to expand our recall to include every item produced at the same facility as our liverwurst. We enacted this broad and precautionary recall totaling seven million pounds because we believed it was the right thing to do."

➤ See labels of recalled products .

'Safety remains our top priority:' Boar's Head won't resume operations at Virginia plant

On Aug. 29, Boar's Head posted on its website an updated response.

"We deeply regret the impact this recall has had on affected families. No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness.

"We have been working together with the USDA and government regulatory agencies, along with the industry’s leading global food safety experts, to conduct a rigorous investigation to determine how this happened. We are very close to concluding our investigation and sharing our findings as soon as the USDA has reviewed them.

"This product recall is limited to only our Jarratt, Virginia, facility. And, only Boar’s Head Liverwurst has been found to be adulterated with Listeria monocytogenes.

"Your safety remains our top priority.

"We have long held an unwavering commitment to keeping our foods safe with standards at or exceeding regulatory requirements. But, here, our best efforts failed, and we are deeply sorry.

"We are working to implement the appropriate actions at our Jarratt facility to prevent something like this from occurring again. While production is now paused at this facility, we are taking this opportunity to conduct disinfection, enhance procedures and policies where needed, and provide additional training to employees."

Map shows which states are affected by listeria outbreak

The CDC reports nine people have died and 57 people have been sickened across 18 states by a listeria outbreak linked to sliced deli meat

Listeria outbreak map: See which 18 states have been affected by outbreak tied to Boar's Head deli meat

Where were the recalled items made by Boar's Head sold?

The products subject to recall were distributed to retail locations nationwide.

Some were exported to the Cayman Islands, Dominican Republic, Mexico, and Panama.

Missouri couple file lawsuit over 'life-threatening listeria infection'

Patrick and Sue Fleming of High Ridge, Missouri, filed a complaint July 26 alleging that Sue Fleming endured a "life-threatening listeria infection" after they bought Boar's Head liverwurst in June.

Sue Fleming, 88, required a long hospital stay and rehab as she experienced nausea, diarrhea, stomach cramping, and, "most disturbingly, intense whole-body aches, shaking, and muscle weakness," the complaint says.

The complaint says that she continues to suffer "neurological symptoms, fatigue, and overall weakness.”

Is Boar's Head meat being sold now at Publix and other stores safe?

Boar’s Head items currently available today in food retail and food service outlets are not part of the recall, Boar's Head said on its website.

Also not included in the recall are:

• Deli sliced turkey
• Deli sliced chicken
• Deli sliced roast beef
• Deli sliced charcuterie
• Deli sliced cheese
• Pre-packaged sliced deli meats and cheeses
• Boar's Head cheeses
• Boar's Head charcuterie items
• Boar’s Head hummus, spreads and Greek yogurt dips
• Boar’s Head pickles, sauerkraut and condiments
• Boar's Head maple glazed honey coat ham, Boar's Head branded deluxe ham, and Boar's Head branded deluxe 42% lower sodium ham

What to do with recalled products

If you purchased any of the recalled items before July 31, 2024, and have them in your possession, please discard them or return them to the store where purchased for a full refund, Boar's Head said.

This article originally appeared on Treasure Coast Newspapers: More illnesses expected from Boar's Head listeria outbreak. Lawyer wants Congress investigation