Beginning in July 2024, reports of foodborne illnesses started pouring into public health and regulatory officials across several states. Victims were diagnosed with Listeria monocytogenes, a type of bacteria that can pose serious risks to children, pregnant women, and people with compromised immune systems. The agencies suspected the illnesses had a common origin. Further investigation revealed the culprit: Boar’s Head meats.

By September, more than 57 people had been hospitalized in 18 states for illnesses linked to contaminated Boar’s Head products. There have been at least nine deaths related to the outbreak, including two in South Carolina and one each in Illinois, New Jersey, Virginia, Florida, Tennessee, New Mexico, and New York.

Investigation, Response, and Recall

As community reports piled up, state and federal investigative agencies identified that the common denominator between the victims was their consumption of Boar’s Head meat. Epidemiologic and laboratory data traced the contamination to multiple types of contaminated deli meats from the company’s Jarratt, Virginia, plant.

On July 26, 2024, Boar’s Head issued a recall of its liverwurst and nine other products. Ultimately, the producer expanded the recall to cover more than seven million pounds of meat. The complete list of recalled products can be found here.  In September 2024, Boar’s Head announced the plant’s permanent closure, which had been temporarily shuttered since July.  

Consequences and Complications of Listeria

Listeria infection is a foodborne illness caused by a family of related bacteria. While it is generally harmless for healthy individuals, it can cause serious and life-altering problems for pregnant women, newborns, people older than 65, and people with weakened immune systems. While the infection can be fatal, it responds very well to antibiotics. Individuals who receive prompt treatment generally make a full recovery.

Listeria is most commonly caused by eating contaminated deli meats or unpasteurized milk products. The bacteria can survive refrigeration and freezing. Symptoms of infection might begin a few days after consuming contaminated food, or they may take much longer to appear (up to 70 days). This can make identifying the contamination source especially challenging.

Listeria symptoms include fever, chills, muscle aches, nausea, and diarrhea. If the infection progresses to the nervous system, symptoms can include headaches, stiffness, confusion, loss of balance, or other neurological disruptions. This can progress to sepsis and meningitis, often complicated by encephalitis (unusual for bacterial infections). Serious infections can lead to permanent disability or death.

How Do We Prevent Future Outbreaks?

Ensuring the safety of food in the U.S. falls to a multitude of federal and state agencies. The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) and the U.S. Food and Drug Administration (FDA) supervise different aspects of commercial food production, while each state has its own Department of Public Health, Department of Agriculture, and numerous county and city health departments.

The Centers for Disease Control (CDC) leads federal efforts to gather data on foodborne illnesses, investigate illnesses and outbreaks, and monitor the effectiveness of prevention and control efforts in reducing foodborne illnesses. The CDC also supports state and local health departments, providing resources and coordination for foodborne disease surveillance and outbreak response.

This patchwork system can allow dangerous conditions to go unnoticed and unchecked. After the Maryland Department of Health discovered contamination in Boar’s Head products, USDA inspectors found dozens of violations at the company’s plant in Jarratt, Virginia. Violations included the presence of mold, mildew, and insects throughout the plant. Reports released by the USDA showed numerous previous unresolved health and safety violations.

Although additional oversight and more stringent inspections could help prevent future outbreaks, lawsuits are a powerful tool to ensure companies fulfill their obligations to protect public safety. Product lawsuits help hold producers, manufacturers, and retailers accountable for defective or dangerous products. They can compensate consumers for their actual damages and levy punitive damages awards against companies to discourage future transgressions.

What Should You Do if You Have Been Injured?

Individuals who have become ill after consuming contaminated Boar’s Head products should contact an experienced personal injury attorney. Plaintiffs have already begun to file lawsuits, accusing the company of negligence and failure to ensure the safety of their products. These lawsuits seek damages for medical expenses, pain and suffering, and other related costs. As new lawsuits accrue, there may also be claims for punitive damages.

These lawsuits have also sparked discussions about strengthening the USDA’s food safety and inspection programs to better protect U.S. consumers. However, enacting legislation to increase the power and capability of these regulatory agencies can be challenging. Even if successful, it would take years to effectively implement additional staffing and monitoring. Private lawsuits are a tool to help hold food manufacturers responsible for taking private measures to prevent these types of outbreaks and protect public health. If you have been affected by contaminated products related to the Boar’s Head recall, contact Lisa Esser-Weidenfeller at (248) 746-4015 today.