Boar’s Head Listeria Lawsuit Filed After Woman Hospitalized Six Days in ICU from Recalled Liverwurst

Complaint comes as Virginia facility at the center of Boar’s Head listeria outbreak has been closed indefinitely, due to multiple health code violations.

A 76-year-old woman from Williamsburg, Virginia has filed a lawsuit indicating that she spent six days in a hospital intensive care unit (ICU) after eating Boar’s Head liverwurst, which was recalled in July 2024, due to listeria contamination at one of the company’s meat processing plants.

The complaint (PDF) was brought by Barbara Schmidt in the U.S. District Court for the Eastern District of Virginia on September 6, indicating that the recalled liverwurst became contaminated with listeria monocytogenes bacteria due to mold, mildew and other manufacturing problems found at a Boar’s Head manufacturing facility in Jaratt, Virginia, which the company announced late last week will remain closed indefinitely.

Listeria monocytogenes is a hearty bacteria that can contaminate food products, leading to infections characterized by high fevers, severe headaches, stiffness, abdominal pains and diarrhea. In severe cases, listeria food poisoning can cause life-threatening infections, especially among older people, those with weakened immune systems and pregnant women, whose unborn babies are often at risk.

Schmidt indicates that she was one of at least 57 people throughout the U.S. who have been hospitalized as part of the Boar’s Head listeria outbreak, which kept her in the hospital a total of at least 12 days, including six spent in the ICU, where “invasive procedures” were needed to save her life, leaving her with severe ongoing injuries.

The U.S. Centers for Disease Control and Prevention (CDC) first announced the Boar’s Head recall on July 26, initially focusing on contaminated liverwust products. However, it was later expanded to include seven million pounds of Boar’s Head products, due to a listeria outbreak linked to meat processed at the company’s Jarratt, Virginia plant.

According to the CDC, there have been at least nine deaths associated with this Boar’s Head listeria outbreak, making it the deadliest incident involving the bacteria since 2011, when 11 deaths were linked to listeria-tainted cantaloupe.

Boar’s Head Listeria Outbreak Lawsuits

Schmidt says she began suffering from vomiting, fever, fatigue, headache, chills and confusion on July 13, shortly after consuming Boar’s Head liverwurst the day before. She was admitted to the hospital the following week and stayed there for three days, before she was initially released on July 19.

However, a day later, Schmidt returned to the hospital with a temperature of 104 degrees. She then spent six days in the ICU, at which point a spinal tap determined she was positive for listeria infection, likely caused by Boar’s Head’s tainted liverwurst products, according to public health officials.

“As a further direct result of being sickened by Defendant’s defective food product, Plaintiff has incurred, and will continue to incur, substantial medical bills and expenses associated with the treatment of her injuries; has suffered, and will continue to suffer, lost wages and wage-earning capacity; and has suffered, and will continue to suffer, significant pain, emotional anguish, and other damages,” Schmidt said.

Schmidt’s case joins a growing number of Boar’s Head listeria lawsuits filed in recent weeks by individuals sickened in the outbreak, as well as class action lawsuits brought on behalf of all consumers who purchased the recalled deli meats. At least one wrongful death lawsuit has been filed by the family of an 88-year-old Virginia man, who also consumed the company’s liverwurst products.

Manufacturing Plant at Center of Listeria Outbreak Is Closed Indefinitely

In an announcement issued on September 13, Boar’s Head acknowledged a number of serious manufacturing problems at its Jarratt, Virginia facility, including a specific production process that was used for Boar’s Head liverwurst. As a result, the company has decided to “permanently discontinue liverwurst”, and will “indefinitely close” the entire Virginia location at the center of the Boar’s Head listeria outbreak.

The Jarratt, Virginia plant has not been operational since late July, and was cited for a series of health violations over the twelve months between August 2023 and August 2024, including liquids dripping from the ceiling, insects in and around raw meat products, dried meat residues in storage racks as well as black mold and mildew throughout many of the plant’s rooms.

“It pains us to impact the livelihoods of hundreds of hard-working employees. We do not take lightly our responsibility as one of the area’s largest employers. But, under these circumstances, we feel that a plant closure is the most prudent course,” said Boar’s Head in the press release announcing the decision. “This is a dark moment in our company’s history, but we intend to use this as an opportunity to enhance food safety programs not just for our company, but for the entire industry.”

Many of the recalled Boar’s Head meat products have a 44-day shelf life, leading the CDC to recommend that consumers check their refrigerators for contaminated Boar’s Head products, since some of the tainted products have “sell by” dates ranging from July 29, 2024 to October 17, 2024.