A pregnant woman from Minnesota "who nearly lost her unborn child" is suing Boar's Head because she says she was infected by listeria after eating the company's deli meat sold at a Florida Publix, according to a release from the law firm.
The Sarasota, Florida-based Boar's Head recalled about 7 million pounds of ready-to-eat meat and poultry products with Boar’s Head and Old Country Brand names in July after aliverwurst sample tested positive for the outbreak strain oflisteria.
As of Thursday morning, 43 people in 13 states have been infected and hospitalized, the Centers for Disease Control and Prevention (CDC) reported. Three deaths have been connected to the recalled meat, the CDC said.
Most of the infections have occurred in New York, according to CDC data. None have been reported in Florida to date, but the lawsuit says the woman, Ashley Solberg, bought the tainted meat at the Publix location at 1700 Sheridan Street in Hollywood while on vacation in Florida.
Solberg v. Boar's Head Provisions, Co. Inc, filed in the District ofMinnesota Wednesday and seeks "an amount far greater than" $75,000, is the first federal lawsuit over the tainted meat, according to the release. But it's not the only lawsuit.
The recall came after a Missouri couplefiled a lawsuitin July alleging the company's deli meats made one of them, an 88-year-old woman, "deathly ill." On Aug. 1, a proposed class-action suit was filed in a New York federal district court.
Why is a Minnesota woman suing Boar's Head?
According to her representation, OFT Food Safety & Injury Lawyers, Minnesota resident Solberg was 36 weeks pregnant and on vacation Florida when she bought and ate some Boar's Head sliced ham and turkey from the Hollywood Publix. After returning home, she "started to become severely ill, suffering from diarrhea, fever, chills, headaches, and body aches, among other symptoms," the lawsuit says.
Testing verified it was listeriosis, and sample testing from the Minnesota Department of Health and CDC matched it to the outbreak strain, the lawsuit states. Solberg was hospitalized for six days and given an intensive antibiotic treatment to protect her unborn child, which continued after her release.
"Even today, Plaintiff is concerned about the lasting impact of the infection just before her labor and delivery," the lawsuit says.
Pregnant women are 10 times more likely than other people to get a listeria infection, according to the Centers for Disease Control and Prevention (CDC).
"The risks of a Listeria infection during pregnancy include miscarriage, premature labor, low-birth-weight infant, and infant death," the release said. "Because the mother can easily pass the infection to her unborn child, the infected fetus can also develop a range of health issues, including intellectual disability, paralysis, seizures, blindness, or impairments of the brain, heart, or kidney."
Solberg is suing for "an amount far greater than Seventy-Five Thousand Dollars ($75,000.00)," plus other court costs and "other relief as the court may find just and equitable," the lawsuit states.
Why did Boar's Head recall its deli meat?
On Friday, July 26, Boar's Head Provisions Co. announced it was recalling 207,528 pounds of liverwurst products and additional deli meat products produced on the same line and on the same day as the liverwurst. A company spokesperson confirmed all of the recalled products were produced in the company's Jarratt facility in Virginia.
Less than a week later, the company said it was now recalling about 7 million additional pounds of ready-to-eat meat and poultry products after aliverwurst sample collected by the Maryland Department of Health tested positive for the outbreak strain oflisteria. Boar's Head pulled 71 products produced between May 10 and July 29 under the Boar’s Head and Old Country brand names.
➤ Full list of items included in recall
The recalled food "includes meat intended for slicing" at retail delis as well as some packaged meat and poultry products sold at retail locations with "sell-by" dates ranging from July 29 through Oct. 17, 2024, according to a news release from the U.S. Department of Agriculture's Food Safety and Inspection Service.
The products have the establishment number “EST. 12612” or “P-12612” inside the USDA mark of inspection on the product labels.
"On behalf of all of us at Boar’s Head Brand, we want to let our customers and consumers know that we deeply regret that our liverwurst products were found to be adulterated with Listeria monocytogenes," Boar's Head said in their latest statement about the recall. "No words can fully express our sympathies and the sincere and deep hurt we feel for the families that have suffered losses and others who endured illness."
Searchable list of Boar's Head recalled products
Where were the recalled items made by Boar's Head sold?
The products subject to recall were distributed to retail locations nationwide.
Some were exported to the Cayman Islands, Dominican Republic, Mexico, and Panama.
3 dead, 43 sickened by Boar's Head listeria outbreak
The outbreak haskilled three people and affected 43across 13 states as of Aug. 8, 2024, the CDC said. The first two deaths were reported in Illinois and New Jersey, the latest has not yet been released.
Sicknesses by state:
- New York: 14
- Maryland: 8
- Massachusetts: 3
- Georgia: 2
- Missouri: 3
- Virginia: 3
- New Jersey: 4
- Minnesota: 1
- Illinois: 1
- Indiana: 1
- North Carolina: 1
- Pennsylvania: 1
- Wisconsin: 1
"The true number of sick people in this outbreak is likely higher than the number reported," said food safety lawyer William Marler in a release, "because some people recover without medical care and are not tested for Listeria even when they do seek care."
Missouri couple file lawsuit over 'life-threatening listeria infection'
Patrick and Sue Flemingof High Ridge, Missouri, filed a complaint July 26 alleging that Sue Flemingendured a "life-threatening listeria infection" after they bought Boar's Head liverwurst in June. Sue, 88, required a long hospital stay and rehab as she experienced nausea, diarrhea, stomach cramping, and, "most disturbingly, intense whole-body aches, shaking, and muscle weakness," the complaint says.
The complaint says that she continues to suffer "neurological symptoms, fatigue, and overall weakness.”
This lawsuit was filed by the same firm representing the pregnant Minnesota woman.
Lawsuit filed over listeria:Boar's Head recall expands to 7 million pounds of deli meat
Why was a class action suit proposed against Boar's Head?
In August a class action lawsuit, Torres v. Boar’s Head Provisions Co. Inc., was filed in a New York federal district court, accusing Boar's Head of "deceptive and misleading business practices" for omitting and not disclosing to consumers on its packaging that the recalled products ― including ham, pork loin, bologna, salami, cheese, liverwurst, bacon, frankfurters, brats and sausage ― were contaminated with listeria.
The suit expects to cover anyone in the U.S. who bought any of therecalled Boar's Head products.
Has anyone in Florida gotten sick from the Boar's Head listeria outbreak?
No illnesses have been reported in Florida, according to the Centers for Disease Control.
Publix removes Boar's Head products from stores
Publix carries Boar's Head products at Publix Super Markets and Publix GreenWise Markets.
After the recall was announced on July 26, Publix posted on its website:
"We take our responsibility for our customers' safety very seriously. We vigilantly monitor regulatory agencies, so we're among the first to know when a product recall or food safety warning is issued. If a recall or warning occurs, we immediately alert store locations to remove the product from the shelves (if sold there). We post details here on Publix.com to keep you informed."
What should you do if you purchased any of the recalled meat?
"FSIS is concerned that some product may be in consumers’ refrigerators and in retail deli cases. Consumers who have purchased these products are urged not to consume them and retailers are urged not to sell these products with the referenced sell by dates.
"These products should be thrown away or returned to the place of purchase. Consumers who have purchased these products are also urged toclean refrigerators thoroughlyto prevent the risk of cross-contamination."
Consumers with questions regarding the recall can contact Boar’s Head Provisions Co., Inc., Customer Service at 1-800-352-6277.
Boar's Head headquarters located in Sarasota, Florida
Founded in 1905in the New York City area,Boar's Headhas been headquartered in Sarasota since 2001. The company is located at 1819 Main St. Suite 800.
Company founder Frank Brunckhorst was dissatisfied with the quality of hams available and "set out to craft products ofuncompromising standardsby using only the finestingredients. Over the years, our company has grown, but our standards for quality have never wavered."
The company's mission statement said: "Our mission is to continue to be recognized as theleading provider of exceptional customer service and superior quality delicatessen products."
What are listeria?
Listeriaare bacteria that can contaminate many foods, according to the CDC.
What are symptoms of a listeria infection?
Symptoms typically start a week to four weeks after eating contaminated food. Symptoms typically include:
- Fever
- Flu-like symptoms, such as muscle aches and fatigue
- Headache
- Stiff neck
- Confusion
- Loss of balance
- Seizures
Who is most at risk from listeria?
The bacteria are most likely to sickenpeople who are pregnant and their newborns,adults aged 65 or older, andpeople with weakened immune systems. Other people can be infected withlisteria, but they rarely become seriously ill.
Listeriosis mostly affects pregnant women. About1 in 6 cases of listeriosis are associated with pregnancy, according to the Florida Department of Health.
How can you avoid listeria?
Especially for those in high-risk groups, the CDC offers the following suggestions toavoid the listeria bacteriafound in food. Do not eat:
- Unpasteurized soft cheeses, such as queso fresco and brie.
- Unheated cheeses sliced at a deli.
- Unheated deli meat, cold cuts, hot dogs, and fermented or dry sausages.
- Premade deli salads, such as coleslaw and potato, tuna, or chicken salad.
- Refrigerated pâté or meat spreads.
- Refrigerated smoked fish.
- Raw or lightly cooked sprouts.
- Cut melon left out for more than 2 hours. One hour if it’s exposed to temperatures hotter than 90 degrees.
- Cut melon in refrigerator for more than a week.
- Raw (unpasteurized) milk, yogurt, and ice cream.
Can listeria on food be killed?
Listeriais easilykilled by heating foodto a high enough temperature, the CDC said.Do not eatmeats that have been sliced at any deli counter unless it is reheated to an internaltemperature of 165 degreesor until steaming hot. Let it cool before you eat it.
Contributors: Anthony Robledo, Mary Walrath-Holdridge, USA Today; Colleen Kottke, Steven Martinez, Maia Pandey, Claire Reid, Milwaukee Journal Sentinel
