3 more wrongful death lawsuits filed in Boar's Head listeria outbreak

Three new wrongful death lawsuits have been filed in the Boar's Head listeria outbreak as the company and food industry continue to grapple with the largest outbreak since 2011.

As of late September, 59 people have been hospitalized across 19 states because of listeria tied to Boar's Head products, including 10 deaths.

The deadly outbreak was first reported on July 19 by the Centers for Disease Control and Prevention (CDC) and was followed by a recall of roughly 7.2 million pounds of product by Boar's Head. Since then, Boar's Head has permanently closed the Jarratt, Virginia plant identified as the source of the issue, putting roughly 500 people out of work. It also indefinitely discontinued the production of liverwurst.

Earlier this month, the U.S. Department of Agriculture's inspector general opened an investigation into the USDA's handling of the repeat violations recorded at the Jarratt plant leading up to the outbreak, including inspection reports of mold, mildew, insects and other unsanitary conditions .

As Boar's Head continues to face increased scrutiny, lawsuits are also piling up against the company. The latest suits allege wrongful deaths after the victims reportedly consumed Boar's Head products.

Is Boar's Head deli meat safe to eat? What experts say amid listeria outbreak

Three dead after eating Boar's Head liverwurst: Lawsuits

The new wrongful death lawsuits filed by food safety law firm Marler Clark, one on Oct. 11 and two on Oct. 21, allege that three older citizens of New York, Tennessee and Maryland died as a result of listeria infections caused by Boar's Head liverwurst.

The firm previously filed an 11-million dollar lawsuit on Sept. 6 on behalf of a Virginia resident who claimed to be suffering the long-term consequences of a listeria infection also contracted via Boar's Head liverwurst. The same suit alleged that Boar's Head intentionally concealed details about its factory conditions, food safety and the recall.

The new lawsuits are the latest in a rolling wave of legal action against Boar's Head and, in some cases, the retailers who sell its products. At least one potential class action suit has been filed and the brand could face government-sanctioned criminal action as well as part of an ongoing USDA investigation.

First wrongful death suit: Family of Holocaust survivor killed in listeria outbreak files wrongful death lawsuit

Who are the victims of the recent Boar's Head lawsuits?

Robert Hamilton

Robert Hamilton, age 73, died July 18 after contracting a listeria infection traced back to Boar's Head liverwurst.

According to the first suit, Hamilton purchased the liverwurst on July 1 and July 3 or 4 at Stop and Shop and Hicks Piccolo Gourmet Delicatessen in Hicksville, New York. By July 12, Hamilton experienced weakness, stomach pains, diarrhea, fever, loss of appetite and a change in mental status and was taken by ambulance to a local hospital, where he was admitted to the ICU.

His condition continued to worsen over the following days, during which blood cultures and the New York Department of Health confirmed a listeria infection and traced it back to the strain associated with the Boar's Head outbreak using whole genome sequencing. Despite the use of multiple antibiotics in an attempt to save his life, Hamilton succumbed to the infection while still in the hospital five days after being admitted.

Robert Ohly

Robert Ohly, 89, of Tennessee regularly purchased and consumed liverwurst from his local Kroger's in Crossville, TN. In late July or early August, he became ill after consuming the liverwurst, the second lawsuit alleges.

In the following weeks, his condition deteriorated, resulting in his admittance to a local hospital. While hospitalized, he fell into a coma and tested positive for listeria. He died Aug. 18 with a cause of death listed as "Listeria Septicemia."

The Tennessee Department of Health also matched the stain Ohly was infected with to the Boar's Head outbreak strain through whole genome sequencing.

Linda Dorman

Linda Dorman, 74, died July 6 after also purchasing and consuming Boar's Head liverwurst, according to the third lawsuit.

Dorman purchased the liverwurst on June 24 at Martin’s Super Markets in Rising Sun, Maryland. By July 3, Dorman reported ongoing illness and shortness of breath and was taken by ambulance to a local emergency department on July 4.

While hospitalized, she likewise fell into a coma and received testing that confirmed a listeria infection. Two days later, she died at the hospital. The Pennsylvania Department of Health also confirmed the strain that infected Dorman to be the same strain as the Boar's Head outbreak via whole genome sequencing.

All three lawsuits seek $10 million in compensatory damages and $10 million in punitive damages, plus additional compensation.

Previous wrongful death suit filed by family of Holocaust survivor who ate liverwurst

The human toll: His dad died from listeria tied to Boar’s Head meat. He needed to share his story.

The first wrongful death lawsuit filed in the Boar's Head listeria outbreak was on behalf of the Morgenstein family in Virginia, who lost 88-year-old grandfather, master hairstylist and Holocaust survivor Günter Morgenstein to the outbreak.

Filed by Ron Simon & Associates in Sarasota, Florida in late August, the suit explained that Morgenstein purchased later-recalled Boar's Head liverwurst on June 30, 2024, from his local Harris Teeter store and became ill after consuming it.

He was hospitalized on July 8 and was later found to be suffering from sepsis and listeriosis, or listeria infection. The infection was traced back to Boar's Head meat by the CDC. Despite "aggressive measures," he died on July 18 surrounded by his wife of 50 years and his son Garshon, who USA TODAY previously spoke to about his father's life and legacy.

This article originally appeared on USA TODAY: 3 more wrongful death lawsuits filed in Boar's Head listeria outbreak