The family of a Virginia man and Holocaust survivor who died after eating Boar’s Head liverwurst contaminated with listeria bacteria is suing the deli meats company in a Sarasota County court.
The widow and son of Gunter Morgenstein filed the wrongful death lawsuit Sept. 10 in the 12th Judicial Circuit Court, arguing that Boar’s Head is liable for Morgenstein’s death after he ate deli meat contaminated with Listeria monocytogenes and also negligent for the contamination that occurred at the company’s Jarratt, Va., plant.
Morgenstein was one of at least nine people who died and 57 people who have been hospitalized as a result of the listeria outbreak. The liverwurst contamination of Boar’s Head ready-to-eat products was confirmed in July by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS).
A recall of liverwurst and other deli meat products was expanded over the summer to include about 7 million pounds of Boar’s Head products produced at the Virginia facility, according to the FSIS.
“Gunter was a great man who lived an extraordinary life,” Ron Simon, an attorney for the Morgenstein family and other listeria victims, said in a statement emailed to the Florida Record. “He should not have died from eating a sandwich. … Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses, we will find out exactly how this happened, and we will force Boar’s Head to make sure it never happens again.”
In a statement on the company’s website, Boar’s Head emphasized that it has been conducting a detailed investigation and working with federal officials and food safety experts to find out how the contamination occurred at the Virginia facility.
“We deeply regret the impact this recall has had on affected families,” the company said. “No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness. … We are very close to concluding our investigation and sharing our findings as soon as the USDA has reviewed them.”
People who come down with listeriosis can have an array of symptoms, including fever, muscle aches, headache, a stiff neck, diarrhea and other gastrointestinal ailments, according to the lawsuit. Morgenstein began suffering from a general weakness, diarrhea, fatigue and a fever after purchasing liverwurst and other Boar’s Head foods on June 30, the complaint states.
He was later hospitalized, and his condition worsened due to complications from sepsis and bacteremia, according to the lawsuit. Despite an aggressive treatment with antibiotics, heart medications, intravenous fluids and pain-control drugs, Morgenstein died on July 18.
“We are devastated over Gunter’s death,” the Morgenstein family said in a statement released when the lawsuit was filed. “He was a caring husband, a proud father and a good friend to all who knew him. We hope to bring awareness and changes to the dangerous and unsanitary conditions at Boar’s Head, so that others don’t suffer the same fate.”
In addition to the liverwurst, certain ham, bologna, salami and bacon products were also part of the company’s recall. The Boar’s Head Strassburger Brand of liverwurst that was targeted by the recall had sell-by dates spanning July 25 to Aug. 30, according to the lawsuit.