The widow of a 79-year-old man who died after allegedly eating Boar’s Head ham from a Publix in Florida has sued the company in the latest wrongful death lawsuit following a nationwide listeria outbreak originating at a since-closed Boar's Head plant, the first such lawsuit to link a death to an infection contracted from a product other than liverwurst.
A recall notice is posted next to Boar's Head meats that are displayed at a Safeway store on July ... [+]
Judith Adams, 71, sued Boar's Head and Publix in Florida circuit court for negligence, breach of contract and other claims for an unspecified amount of damages.
Her husband, 79-year-old Air Force Veteran Otis Adams Jr., allegedly ate Boar's Head ham in late April before becoming ill with listeriosis, which progressed into meningitis and sepsis before he died on May 5.
The Adams family is not the first to file a wrongful death claim against Boar's Head, but the others (including those in New York, Tennessee, Virginia and Maryland) have all claimed their infection came from eating infected liverwurst, the first contaminated product to have been identified in the outbreak that Boar's Head has since permanently discontinued.
The listeria outbreak in deli meats was first reported in July and has now been linked to 59 hospitalizations across 19 states, according to the Centers for Disease Control and Prevention, including 10 deaths across Illinois, New Jersey, New York, Virginia, Florida, Tennessee, New Mexico and South Carolina.
Those who have gotten sick range in age from 32 to 95, the CDC said, warning that "the true number of sick people in this outbreak is likely higher than the number reported, and the outbreak may not be limited to the states with known illnesses.”
Boar's Head said in its September announcement that the listeria outbreak “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.”
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The Boar's Head plant in Virginia linked to the largest listeria outbreak in more than a decade has closed indefinitely, the company announced in September, after inspections at the facility revealed black mold, mildew, bugs and unsanitary conditions. Boar’s Head also said it would permanently discontinue liverwurst, the product in which the initial listeria bacteria was found. The announcement came after records from U.S. Department of Agriculture inspectors' visit to the Boar's Head plant in Virginia were published and found that multiple products distributed across states from that factory were tested and found to be contaminated with listeria, and also revealed dozens of health and safety violations at the location. In early August, Boar’s Head recalled 7 million pounds of deli meats—in addition to an initial 200,000-pound recall—and added 71 products made over the course of six weeks to its list, including pre-packaged meat and poultry products for the first time.
Listeria is a foodborne illness most often contracted by eating improperly processed deli meats (listeria spreads easily among deli equipment, surfaces, hands and food, the CDC says) and unpasteurized milk products, and the hearty bacteria can survive refrigeration and even freezing. Most healthy people rarely become ill from listeria infection, but it does disproportionately impact people older than 65, newborns and pregnant women, who may themselves experience only mild symptoms, but babies in utero can die from listeria. One pregnant person has been infected by the Boar’s Head recall, according to the CDC, and she remained pregnant following the infection.
The 19 states where cases have been recorded, according to the CDC, are: Arizona, New Mexico, Missouri, Minnesota, Louisiana, Wisconsin, Illinois, Indiana, Tennessee, North Carolina, South Carolina, Georgia, Pennsylvania, Florida, Virginia, Maryland, New Jersey, New York and Massachusetts. New York has experienced the most infections for any one state, with between 17 and 18.
Boar’s Head Provisions Co. recalled liverwurst after a sample of the product in a Maryland store tested positive for listeria, and the company has also recalled meats sliced on the same day on the same line as the liverwurst at a Virginia plant. Those include Virginia old fashioned ham, Italian Cappy style ham, extra hot Italian Cappy style ham, bologna, beef salami, steakhouse roasted bacon ham and garlic bologna with an Aug. 10 sell-by date. Boar's Head second recall, announced last week, includes 71 different products made between May 10 and July 29. More specifics can be found on the USDA website. The outbreak has been linked to meat sliced at deli counters, not prepackaged meats.
The listeria bacteria can be found in soil, water, animal feces and raw materials. The CDC says cold cuts, cheeses and other deli products are at particular risk of listeria because of how easy it is for the bacteria to spread among deli equipment and surfaces. While meats are kept refrigerated, refrigeration does not kill listeria, and it can be a tough bacteria to eliminate. When meats are prepared at a facility where listeria persists, the bacteria can spread on surfaces, hands and through the food itself. One person died and 16 were sickened due to a listeria outbreak among deli meats and cheeses in six states in 2022, and a similar outbreak killed one and sickened another 12 in four states in 2020.
A Missouri couple has sued Boar's Head and Schnucks Markets after they purchased contaminated liverwurst in June. Sue Fleming, 88, became "deathly ill" and was hospitalized with a listeria infection, according to her lawyer. She did recover from the illness after a long stay in a hospital, followed by a stay at a rehabilitation facility. The couple is now suing for $25,000 in damages and claims the illness caused “loss of enjoyment of life” and “damage to the marital relationship."