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Health
03 September 2024

Boar's Head Faces Lawsuit After Listeria Claims Life Of Holocaust Survivor

The family of Gunter Morgenstein sues over listeria outbreak linked to deli meat contamination

Newport News, Virginia, has become the center of attention following the tragic passing of Gunter Garshon Morgenstein, an 88-year-old Holocaust survivor, due to listeria linked to Boar's Head deli meats. This unsettling event has prompted the victim's family to take legal action against the well-known deli brand, highlighting concerns surrounding food safety within the food industry.

Morgenstein's family filed the wrongful death lawsuit on August 28, 2024, after he died from complications related to listeria infection. His illness began shortly after consuming liverwurst and other deli meats from Boar's Head, which he purchased from his local Harris Teeter grocery store. According to reports, within days of enjoying his favorite deli meat, Morgenstein exhibited troubling symptoms including weakness, diarrhea, and shortness of breath.

His son, Garshon Morgenstein, expressed disbelief at the situation, reflecting on his father’s resilience throughout life. "For all the things you know he’s seen and been through to come to this, you know, lunch meat," he told local news. Gunter died on July 18, 2024, after spending ten days battling various health complications, including sepsis linked to listeria.

Investigation reports revealed shocking conditions at the Boar's Head plant located in Jarratt, Virginia. Federal inspectors discovered nearly 70 violations over the past year, including the presence of mold, insects, and unsanitary facilities with dripping liquid and meat residue. The inspection records raised serious red flags about food safety practices at the facility.

The Centers for Disease Control and Prevention (CDC) confirmed at least nine deaths related to the outbreak, with nearly 50 individuals hospitalized across 18 states. CDC officials deemed this outbreak as the largest listeriosis surge since the infamous 2011 cantaloupe crisis.

The lawsuit filed by the Morgenstein family is just one of the early legal responses to the outbreak. Their lawyer, Ron Simon, asserted, “Gunter was very active and vibrant... He should not have died from eating a sandwich.” The family claims Boar's Head's meat was defective since it harbored listeria bacteria, rendering it unreasonably dangerous to consume.

On July 26, just days after Morgenstein's hospitalization, the company initiated a recall of over 7 million pounds of products, including various meats implicated due to potential contamination. The lawsuit alleges negligence on the part of Boar's Head, asserting they failed to maintain safe manufacturing processes.

Documents revealed the facility had been cited for noncompliance multiple times, emphasizing systemic issues rather than isolated incidents. The investigations have led to the suspension of production at the Jarratt plant, which will remain closed until it can demonstrate adherence to safe food production standards.

Officials with Boar's Head issued statements expressing regret for the impact of the outbreak and the recall on affected families. A spokesperson emphasized the company’s commitment to food safety and indicated they had addressed the issues raised by health inspectors.

Experts argue the alarming state of the facility suggests management failures both at the corporate and regulatory levels. Barbara Kowalcyk, director of the Institute for Food Safety and Nutrition Security, commented on the serious nature of the findings, saying it raised “a lot of red flags.” Similarly, Donald Schaffner, from Rutgers University, noted the continuous problems reported suggested inadequate sanitation efforts at the plant.

Since the outbreak, legal firms specializing in food safety have stepped up efforts to assist victims. Ron Simon’s firm is actively investigating additional claims and encouraging those affected by the outbreak to come forward.

The tragic case reflects broader issues within the food industry, where lapses in food safety can have dire consequences. Families like Morgenstein's are left coping with the fallout of preventable tragedies, and legal actions aim to hold companies accountable for failures to protect consumers.

Gunter Morgenstein's vibrant life as a hairstylist and community member has been overshadowed by his sudden death from something as ordinary as deli meat. His family hopes their legal battle can prevent similar incidents from arising and urge the food industry to heighten food safety measures for the future.

The Morganteins have embarked on this legal course not just for compensation but to advocate for necessary changes, emphasizing the importance of accountability and rigorous safety standards. This case serves as both a poignant reminder of the risks associated with food consumption and the urgent need for systemic change to protect public health.

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