$10M federal lawsuit filed on behalf of woman hospitalized in Boar's Head listeria outbreak

A Virginia woman spent nearly a week in the ICU and had to undergo procedures to save her life after contracting listeria from tainted Boar's Head liverwurst, a $10 million federal lawsuit filed against the brand alleges.

Barbara Schmidt was a regular consumer of Boar's Head liverwurst, but after purchasing it on July 12, the lawsuit states the 76-year-old began to fall ill with symptoms including fever, vomiting, fatigue, headache, chills and confusion. She was hospitalized for three days three days after she fell ill, and less than 24 hours after returning home, her fever spiked to 104, leading her to seek care again on July 20.

This second hospital stay lasted nine days, including six spent in the ICU "undergoing invasive procedures that were necessary to save her life," the suit states. She then went to rehabilitation and was discharged home on Aug. 8 to slowly recover with the help of antibiotic infusions to treat her listeria infection, which was determined by spinal tap, according to the lawsuit.

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The complaint says Boar's Head food caused Schmidt to incur "substantial" medical bills and that she'll continue to suffer lost wages, significant pain and emotional anguish due to their product. It brings forth claims of negligence, recklessness, failure to warn and other charges.

Boar's Head has been embroiled in lawsuits and federal violations since it was linked to a deadly listeria outbreak in late July, when 7 million pounds of ready-to-eat meat and poultry products were recalled after testing confirmed they contained listeria bacteria that was sickening consumers.

Calling it the largest listeriosis outbreak since one in 2011 from cantaloupe, the CDC's latest data shows nine people have died in eight states and 57 people have been infected from 18 states due to the outbreak strain. But the federal body says the true numbers are likely much higher than reported due to some people recovering without medical care or not being tested for listeria.

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The deaths and illnesses have been linked to a Boar's Head deli meat plant in Virginia — where Schmidt lives — that recently released records showed was repeatedly noncompliant with federal regulations, with instances of insects, mold, liquid dripping from ceiling and meat and fat residue on equipment and surroundings. The records did not show any test results that confirmed listeria contamination, but experts said some of the reports showed situations that would have increased the risk of the germ being present.

The CDC describes listeria as a "hardy germ" that can easily spread from surfaces — and to unrecalled products — and cause severe illness when it travels from the gut to other areas of the body. Symptoms, which can take up to 10 weeks to appear, can include fever, muscle aches, tiredness, headache, stiff neck, confusion, loss of balance or seizures.