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Boar's Head Faces New Lawsuit Over Woman's Listeria Illness, Accused of Hiding Truth

Sep 13, 2024 12:37 AM EDT | By Madz Dizon

Boar's Head Faces New Lawsuit Over Woman's Listeria Illness, Accused of Hiding Truth
Boar's Head meats are displayed at a Safeway store on July 31, 2024 in San Rafael, California.
(Photo : Justin Sullivan/Getty Images)

A new lawsuit inspection records have revealed more information about the listeria outbreak linked to Boar's Head deli meats, which has claimed the lives of at least nine people and made dozens more sick across 18 states in the US.

The outbreak, first reported on July 19, has led to at least 57 people being hospitalized. Health agencies like the Centers for Disease and Control (CDC) and the US Department of Agriculture (USDA) are working with Boar's head to find out where and how the listeria spread. The problem is believed to be connected to sliced deli meats, particularly liverwurst, produced by Boar's Head.

Boar's Head Listeria Outbreak

In late July, Boar's Head recalled over 200,000 pounds of liverwurst. But just a few days later, they expanded the recall to include 7.2 million pounds of various products made in the same facility in Jarratt, Virginia. Several lawsuits have since been filed against the company by people affected by the outbreak.

One of these lawsuits comes from Barbara Schmidt, a woman from Virginia who fell seriously ill after eating liverwurst she bought from a Harris Teeter grocery in Williamsburg on July 12. According to a lawyer, Bill Marler, she started feeling sick the day after eating the deli meat. She experienced vomiting, fever, fatigue, headaches, and confusion, and she had to be taken to the hospital.

According to USA Today, Schmidt spent three days in the hospital but was sent home on July 19. Unfortunately, her condition worsened, and she had to return to the hospital, where she spent nine more days, including in the intensive care unit.

Doctors had to perform invasive procedures to save her life. Afterward, she stayed in a rehab center for weeks and finally went home on August 8. Even then, she still needed antibiotics to fight off the listeria infection.

Schmidt's lawsuit claims Boar's Head knew about problems at their facility long before people started getting sick. It accuses the company of hiding information that could have warned people about the contaminated food. The lawsuit says that Schmidt not only suffered physical pain but also emotional distress. She also faces large medical bills and other expenses due to her illness.

The Jarratt, Virginia, facility where the deli meats were produced has been under investigation for quite some time. In 2022, USDA inspectors found serious issues at the plant. They reported leaking pipes, green mold, rust on walls and ceilings, and condensation dripping from the ceiling onto food below. The inspectors even saw live beetles in a hallway near the food-processing area. Despite these problems, the plant stayed open, and Boar's Head said their workers immediately addressed any concerns brought up during inspections.

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Experts Urge USDA to Take Stronger Action

Food safety expert Daniel Engeljohn, a former USDA official, said deli meat plants like the Jarratt facility are considered high-risk because people eat these meats without cooking them, which would normally kill harmful bacteria. Even though inspectors didn't find any direct contamination at the time, the facility's conditions created an environment where bacteria like listeria could thrive.

Some experts, like Phyllis Entis, believe the USDA should have taken more drastic action, such as shutting down the plant when it first found these issues. Entis, a food safety consultant and author, criticized the agency for allowing companies to self-regulate too much, making it easier for preventable problems to continue.

Even after the 2022 inspection, problems at the Jarratt facility persisted into 2023 and 2024, according to additional reports. Inspectors noted more mold, rust, and stagnant water, which created an ideal setting for listeria to grow. Despite this, Boar's Head maintains that they fix any problems found during inspections right away.

As for the source of the listeria, it's still unclear exactly how it started. Inspectors tested samples from the facility but didn't find any positive results for listeria.

According to the New York Times, some food safety experts, like James Marsden, suggest the USDA may need to update its regulations to prevent future outbreaks. These new rules could include additional processing steps to kill any bacteria before the meat is sold.

Related Article: Boar's Head Deli Plant Exposed as 'Listeria Factory' Amidst Violations, Experts Say 

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