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Boar's Head listeria outbreak timeline: When it started, deaths, lawsuits, factory closure

​​​​​​​View Date:2024-12-24 00:53:33

Boar's Head announced Friday that it would be closing its Jarratt, Virginia plant permanently in the latest news out of the multistate listeria outbreak that has killed nine.

The deadly outbreak was first reported July 19 by the Centers for Disease Control and Prevention (CDC) and was followed by a recall of roughly 7.2 million pounds of product by Boar's Head. At least 57 people have been hospitalized as a result of the outbreak across 18 states, including nine deaths as of Aug. 28, according to the CDC investigation.

The Jarratt plant was identified as the source of the issue, prompting the company to close it and, in turn, put around 500 people out of work. This update, while major, is only one in the ongoing saga, which has resulted in a multi-agency investigation, several lawsuits and, and calls for a congressional investigation.

Here's a timeline of what we know so far about the outbreak.

The human toll:His dad died from listeria tied to Boar’s Head meat. He needed to share his story.

July 19: CDC announces listeria outbreak

The CDC announced that public health officials in several states and the U.S. Department of Agriculture were working in tandem with the CDC to track and collect data and samples in a multistate outbreak of Listeria monocytogenes infections, or listeriosis.

Initially, the agency said the outbreak appeared to be associated with meats sliced at deli counters but did not have further information on the source.

On July 19, the CDC reported 28 cases of illness across 12 states, including two deaths and one sick pregnant person. The deaths occurred in Illinois and New Jersey.

July 26: Boar's Head announces liverwurst recall & CDC update

Boar's Head Provisions Co., Inc. issued a recall for more than 207,528 pounds of product, including all of its liverwurst products, due to potential listeria contamination.

The recalled ready-to-eat liverwurst products were produced between June 11, 2024 and July 17, 2024, and have a 44-day shelf life. The products were distributed to retail deli locations nationwide and are labeled with the establishment number “EST. 12612."

Boar's Head recalled additional deli meat products that were produced on the same line and on the same day as the liverwurst, including ready-to-eat deli meat with establishment number “EST. 12612.”  produced on June 27, 20424.

The same day, the CDC released new investigation information, reporting 34 illnesses linked to the outbreak across 13 states, including 33 hospitalizations and two deaths.

July 26: First lawsuit filed

A Missouri couple, represented by Law firm OFT Food Safety & Injury Lawyers, filed a complaint in St. Louis Circuit Court naming Boar's Head Provisions, Co., Inc. and Schnucks Markets, Inc. as defendants.

The complaint alleged that Patrick and Sue Fleming purchased Boar's Head liverwurst from their local Schnucks grocery store in June, resulting in a "life-threatening Listeria infection" for Sue, 88.

The suit alleged Fleming spent nine days in the hospital receiving “intensive treatment” before being transferred to a rehabilitation center where she spent another 11 days. Court documents said the couple suffered damages tied to the cost of medical treatment, as well as physical and mental pain and suffering, loss of enjoyment of life, shortened life expectancy and damage to the marital relationship.

The 76 and 88-year-olds sought $25,000 in injuries and damages, accusing Boar's Head and Shnucks of multiple counts of negligence, as well as manufacturing defects and breach of implied warranty.

July 30: Boar's Head expands recall

Boar's Head expanded its recall to all products produced at the Jarratt, Virginia plant where the contaminated liverwurst came from.

The expanded recall added an additional 7 million pounds of meat and poultry products ranging from beef, bologna, ham, liverwurst and salami, among others. Now totaling 71 Boar’s Head and Old Country products made between May 10 and July 29, the recall swelled to cover about 7.2 million pounds.

July 31: CDC update

CDC issued an update along with the Boar's Head recall, still reporting 43 illnesses including one death.

August 1: Class action lawsuit filed in New York

A potential class action lawsuit against Boar’s Head Provisions, Co. Inc. was filed in the U.S. District Court for the Eastern District of New York, accusing the company of “improperly, deceptively, and misleadingly labeled and marketed its products,” by failing the full extent of possible contamination by Listeria monocytogenes.

The plaintiff, Rita Torres, alleged that she and other “reasonable customers” would not have purchased Boar's Head liverwurst and other products had the company properly warned consumers about possible bacterial contamination. The suit called the initial July 26 recall insufficient and “deliberately designed to preclude the vast majority of customers from receiving a recall.”

August 7: Pregnant victim files lawsuit

A pregnant woman from Minnesota "who nearly lost her unborn child" filed a lawsuit against Boar's Head after she was infected by listeria from eating the company's deli meat sold at a Florida Publix, said OFT Food Safety & Injury Lawyers.

Filed in the District of Minnesota, the first federal lawsuit of the outbreak sought "an amount far greater than" $75,000 and "other relief as the court may find just and equitable."

August 8: CDC increases number of dead and sick

The CDC released an update on the investigation, now reporting 43 people infected and hospitalized across 13 states, including three total deaths including one from Illinois, New Jersey and Virginia.

The CDC also confirmed the epidemiology of the outbreak and tied it to Boar's Head liverwurst.

August 20: Most recent CDC update

Just 12 days later, new numbers from the CDC reflected six more deaths and 14 new hospitalizations across 18 total states. This brought the number of deaths up to a total of nine and sick and hospitalized up to 57.

Of the six new deaths, one occurred in Florida, one in Tennessee, one in New Mexico, one in New York and two in South Carolina. Infections also appeared in five additional states since the early August update, including Florida, Arizona, New Mexico, South Carolina and Tennessee.

These are the latest numbers the CDC has provided in the investigation.

August 29: Boar's Head inspection records are released

Copies of inspection reports filed between 2023 and 2024 by inspectors with the USDA's Food Safety and Inspection Service (FSIS) were obtained by CBS News and other news sources, including USA TODAY, through a Freedom of Information Act request.

The records showed 69 reports of "noncompliance" at the Jarratt, Virginia plant, including reports of insects live and dead black and green mold, as well as mildew, dripping and standing water and other unsanitary conditions within the plant in the weeks leading up to the July recall.

Later, more FSIS records were released dating back to January 2022 including reports of leaks and condescension dripping over areas with product, "sludge," "black smudges," "slimy" materials and other residues found on machines and in several rooms across the facility, "putrid," "off" odors, "thick and flaking rust" in several locations including above production lines, and dirt, screws and trash were seen strewn on the floor of production areas.

August 30: First wrongful death lawsuit filed

The first wrongful death lawsuit was filed against Boar's Head on behalf of the family of an 88-year-old Virginia grandfather, master hairstylist and Holocaust survivor who died after eating contaminated liverwurst.

Filed in Sarasota, Florida, the suit explained that Morgenstein purchased later-recalled Boar's Head liverwurst on June 30, 2024, from his local Harris Teeter store and became ill after consuming it.

He was hospitalized on July 8 and was later found to be suffering from sepsis and listeriosis that was later traced by to Boar's Head meat by the CDC. Despite "aggressive measures," he died on July 18 surrounded by his wife of 50 years and his son Garshon, who USA TODAY previously spoke to about his father's life and legacy.

September 6: Multi-million dollar lawsuit hits Boar's Head

A new multi-million dollar lawsuit is filed by food safety attorney Bill Marler on behalf of Virginia resident Barbara Schmidt.

The suit alleged that Schmidt consumed Boar's Head liverwurst and subsequently became so ill, that she was admitted to the hospital and spent weeks there, including at least six days in the ICU undergoing "invasive procedures that were necessary to save her life," and then rehab for roughly 10.

Public health officials determined that Schmidt had not only suffered a listeria infection but it was caused by the Boar's Head outbreak, court documents said. Accusing Boar's Head of multiple counts of negligence, breach of warranty, fraudulent concealment and breach of the Virginia Consumer Protection Act, the lawsuit sought $1 million in compensatory damages as well as $10 million in punitive damages.

September 13: Boar's Head announces closure of Jarratt, Virginia plant

Boar's Head announced the Jarratt, Virginia Boar's Head plant linked to the ongoing outbreak was closing permanently.

About 500 union workers will be impacted by the closing, United Food and Commercial Workers Local 400 Union spokesman Jonathan Williams told USA TODAY. Additional employees in management were likely affected, too, but he was unsure how many were impacted, he said.

"Given the seriousness of the outbreak, and the fact that it originated at Jarratt, we have made the difficult decision to indefinitely close this location, which has not been operational since late July 2024," Boar's Head said in an email statement.

The company also said it would be permanently discontinuing its liverwurst products after investigations found the root cause of the contamination only existed at the Jarratt facility in the production of liverwurst.

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