Around 57 people have been hospitalized since the outbreak of listeria at a Boar’s Head facility where deli meats were produced. Nine people have died. The CDC claimed this was the biggest listeriosis outbreak since 2011. In the earlier outbreak, over 30 people died because of listeria-infected cantaloupe. The Boar’s Head listeria outbreak caused the company to recall its Strassburger Brand Liverwurst, and later, the company expanded the recall to include 7 million pounds of meat that were also produced in a facility in the South. Nobody should suffer injuries or death because of a food product that may not have been handled safely by a manufacturer; this is an unacceptable outcome. If you suffered injuries or a loved one died because of a listeria infection caused by Boar’s Head deli meats, you should call the trustworthy Chicago-based product liability lawyers of Moll Law Group to see whether you have a viable claim. Billions have been recovered in cases with which we’ve been involved around the country.
Federal officials have asked consumers to look in their refrigerators and determine whether they have any of the affected products since the number of those affected is rising and is also, likely underreported. Many recent illnesses are likely yet to be reported since it can take up to four weeks to figure out whether a particular person’s illness or death can be attributed to an outbreak, and some may not even realize that they got listeria since symptoms can show up weeks after consumption. Some of the recalled products have sell-by dates going into October.
Importantly, the U.S. Department of Agriculture has disclosed disturbing and disgusting conditions at the Boar’s Head product facility in the South where the recalled products were made. Insects, mold on the walls, and mildew were found throughout, and the facility’s operations have halted. Inspectors found black mold, dead flies and water dripping over meat at the plant. Dripping or standing water can result in a place where listeria continues to flourish. One inspector saw plastic wrapped on a pipe with orange or brown water standing at the lowest hanging point. There was a rancid smell in a cooler for meat. Blood puddles were seen on the floor.
The Department’s rules require swabbing for listeria, since it’s lethal, but the inspectors now involved weren’t the first to say the meat should be recalled. Rather a disease detective was asked to investigate, and she was the one who realized that liverwurst was the common element among a number of deaths; the patient’s bacteria was in line, according to whole genome sequencing, with the Boar’s Head liverwurst. Furthermore, the inspection reports indicate that the problems are repeated.
The Department allows manufacturers to select one of three procedures to control listeria, and the Boar’s Head plant had claimed to use one of these methods, a system to of keeping a clean plant and routine testing. The director of the Institute for Food Laws & Regulations at Michigan State University said this method was the least reliable and that he wouldn’t buy lunch meat from a company that utilized this way of checking for listeria.
When a manufacturer fails to follow protocol and federal safety regulations, and people are injured or die as a result of a defective product, whether it is food or another item, it may be appropriate to bring a product liability lawsuit against the company. Products can be defective in terms of their manufacturing, design, or marketing. Our Chicago-based attorneys may be able to pursue damages under theories of strict liability, negligence, breach of contract, breach of warranty, or a state or federal statute.
When our Chicago-based lawyers are able to establish the manufacturer’s liability for infected Boar’s Head deli meats, we may be able to recover compensatory damages. These are damages intended to put you back in the place you would have been in had the meat not made you sick. They can include economic losses, as well as noneconomic intangible losses.
If you were injured or a loved one died due to infected Boar’s Head deli meat, call the seasoned Chicago-based product liability attorneys of Moll Law Group to discuss your legal options. For a free consultation, please complete our online form or call us at 312.462.1700.