USDA Report finds Boar’s Head listeria outbreak was due to poor sanitation practices

Last July, Boar’s Head recalled liverwurst products due to a listeria outbreak. This recall eventually expanded and came to encompass sliced hams and sausages produced at the same plant as the liverwurst. Recently, the United States Department of Agriculture determined that a Boar’s Head facility’s inadequate sanitation practices contributed to the serious listeria outbreak last year. This was an outbreak from July through November that killed 10 people and resulted in hospitalizations of even more. The report from the USDA shows disturbing yet routine sanitation violations.

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The USDA’s report examines alarming facility conditions that included dead bugs, mildew and black mold near machines, condensation dripping onto exposed products, broken flooring that could retain moisture that would make conditions for the meat wet, and meat and fat residue from the prior day’s production on packaging and other equipment.

Boar’s Head has expressed that it is cooperating with the USDA investigation and is trying to improve food safety programs, such as by implementing greater food safety control procedures and more serious testing at the poultry and meat facilities.

The plant was permanently closed in the fall. The company announced it would stop making the liverwurst products. The report looks at practices and procedures to stop listeria spread and calls for equipping the inspectors with updated tools and trainings that would allow it to protect against listeria outbreaks.

When consumers become sick due to dangerous food products, they may be able to recover compensation for the costs and harms incurred due to the contaminated food. In most cases, this requires us to establish liability in a product liability case. However, these cases are brought under a range of different theories; each state has its own rules about what theories apply. Generally speaking, products can be defective in terms of their marketing, manufacturing, or design. In this case, since the liverwurst and other meat products were in unsanitary facilities, which is not part of the design, it may be the case that product under sanitary conditions would be framed in court as a manufacturing defect. These are flaws that may impact only certain batches of units of a product, as opposed to a design flaw, which exists in every unit, when a product is made according to specifications.

When our attorneys are able to establish liability for defects in the Boar’s Head products, we may be able to recover both economic and noneconomic damages. Economic damages include reimbursement for medical bills, lost wages, out-of-pocket costs, and replacement services (such as housecleaning or childcare, if you were unable to perform those tasks while ill with listeria). Noneconomic damages may include lost earning capacity, pain and suffering, mental anguish, and loss of consortium.

If you were made sick by Boar’s Head products (or other meat contaminated with listeria), you may be able to recover compensation through a product liability lawsuit. Our lawyers represent plaintiffs who have been harmed around the country. Please contact our experienced Chicago-based trial attorneys about your legal options, either by completing our online form or by calling us at 312.462.1.