Family of Newport News man who died from listeria infection sues Boar's Head

An attorney for the family of Gunter "Garshon" Morgenstein, 88, who died after eating Boar's Head deli meat is filing a wrongful death lawsuit.

Morgenstein died in July from a listeria infection that was to determined to have come from eating Boar's Head liverwurst.

The family's attorney sent News 3's Jay Greene a copy of the civil lawsuit. It was filed Friday in circuit court in Sarasota, Florida, which is where Boar's Head is headquartered.

The suit says health officials later determined that the liverwurst Morgenstein ate was part of a Boar's Head recall issued by the CDC. According to the CDC, nine other people have died since that recall was issued in July. Fifty-seven people have been hospitalized.

News 3 reached out to Boar's Head and they say the Liverwurst pork produced at their Jarratt, Virginia facility was contaminated.

Gunter was a beloved hair stylist in Newport News and did hair up until he became sick. Morgenstein’s family told News 3 he ate that frequently, even a few days before he was rushed to the hospital on July 8.

"He was starting to not eat as much a couple of weeks before," Shon Morgenstein, the son of Gunter Morgenstein, said in a prior interview with News 3's Leondra Head.

Gunter died on July 18 early in the morning.

The suit says the family is seeking more than $50,000 and up to $75,000 in damages.