Nebraska Boar’s Head Listeria Outbreak Lawsuit Lawyer

Award Logos
Collen Clark Published by Collen Clark

Boar’s Head faces legal challenges over alleged failures in maintaining listeria-free production environments in Nebraska. This comprehensive article covers outbreak specifics, legal developments, and steps for filing claims in the state.

If the Boar’s Head listeria outbreak in Nebraska has affected you or your loved ones, Omaha Legal Partners is prepared to advocate for your right to fair compensation.

How S&C Can Help With Your Claim?

S&C can help with your claim by offering expert legal guidance tailored to foodborne illness cases like the Boar’s Head listeria outbreak. Our experienced attorneys will assist you in gathering essential evidence, such as medical records and product receipts, to build a strong case. 

Our firm offers specialized assistance tailored to Nebraska residents: 

  • Thorough assessment of economic and non-economic damages under Nebraska law
  • Complimentary initial case evaluations for Nebraska clients
  • Expert guidance on Nebraska’s legal deadlines and transparent client communication

Boar’s Head Listeria Outbreak: Latest Updates

As of September 13, 2024, the Nebraska Department of Health and Human Services has reported 10 cases related to the Boar’s Head listeria outbreak, a more significant outbreak spanning 18 states. 

Federal health agencies have identified the outbreak strain in a Boar’s Head roast beef sample from a Nebraska facility. Nationwide, the outbreak has been tied to 9 deaths and 57 hospitalizations, and Boar’s Head has permanently shut down its Virginia plant and discontinued liverwurst production [1]​.

This discovery prompted a recall of approximately 2,800 tons of Boar’s Head deli products manufactured at the Nebraska plant between July 1 and August 15, 2024. The recall impacts over 55 packaged items distributed primarily in Nebraska and surrounding states.

Boar’s Head’s Violations of Food Safety Regulations

The Nebraska Department of Agriculture’s investigations revealed ongoing violations at Boar’s Head’s Nebraska facility, with 69 instances of non-compliance with state and federal food safety regulations over the past year [2]. 

These violations included improper temperature control, cross-contamination risks, and inadequate employee hygiene practices. 

Despite repeated warnings, these issues persisted, prompting a temporary facility closure and a class action lawsuit filed in Lancaster County District Court. As of September 2024, the outbreak in Nebraska has resulted in two fatalities and 23 hospitalizations​.

Also Read: Montana Boar’s Head Listeria Outbreak Lawsuit

Which Boar’s Head Products Are Recalled in Nebraska?

The Boar’s Head products that are recalled in Nebraska recall are many deli meats and ready-to-eat products due to possible contamination with Listeria monocytogenes. 

Products included in the recall were distributed at various retailers and delis across the state and included items like [3]:

  • Liverwurst
  • Virginia Ham
  • Bologna (pork and beef varieties)
  • Frankfurters
  • Salami
  • Chicken and pork sausages
  • Tavern Ham

These products were produced between May 10 and July 29, 2024, with “sell by” dates from October 17, 2024. Customers in Nebraska should check for products with the establishment number “EST. 12612” or “P-12612” inside the USDA mark of inspection. 

If you have purchased any recalled items, you are advised to discard them immediately to avoid health risks.

What is Listeria Monocytogenes?

Listeria monocytogenes is a type of bacteria that causes listeriosis, a severe infection usually contracted by eating contaminated food. This bacterium is unique because it can survive and grow in cold environments, such as refrigerators [4]. 

Listeriosis primarily affects people with weakened immune systems, pregnant women, newborns, and the elderly. It causes symptoms like fever, muscle aches, and gastrointestinal issues. In severe cases, it can lead to life-threatening complications such as meningitis or septicemia.

Listeria Symptoms

The Nebraska Department of Health and Human Services advises that symptoms may appear between 24 hours and 70 days after consuming contaminated food.

Typical symptoms include [5]: 

  • Fever 
  • Muscle aches 
  • Gastrointestinal issues

Severe cases in Nebraska have presented with: 

  • Intense headaches 
  • Neck stiffness 
  • Confusion 
  • Loss of balance 
  • Seizures

Nebraska health officials emphasize that while pregnant women might experience mild symptoms, they face significant risks of miscarriage or stillbirth.

Who Can File a Boar’s Head Meat Lawsuit in Nebraska?

Nebraska residents who consumed recalled Boar’s Head deli meats and subsequently suffered listeria-related illnesses can file a Boar’s Head Meat lawsuit in Nebraska. This includes individuals who required hospitalization at Nebraska medical facilities and families who lost loved ones to the infection in the state.

Prompt action is crucial, as Nebraska’s statute of limitations imposes a four-year deadline for filing personal injury claims.

“An unopened Boar’s Head liverwurst product tested positive for Listeria monocytogenes. WGS is ongoing to determine if the listeria in the liverwurst is the same as the ill people.”- The Centers for Disease Control and Prevention

Boar’s Head Listeria Outbreak Lawsuit Average Settlement Amounts in Nebraska

Settlement figures in Nebraska vary based on illness severity and associated damages. Cases involving extensive hospitalization in Nebraska facilities or long-term health impacts typically receive higher compensation.

Under Nebraska law, claimants may seek reimbursement for: 

  • Medical expenses and ongoing treatment costs in Nebraska healthcare facilities 
  • Lost income and reduced earning capacity in the Nebraska job market 
  • Physical pain and emotional suffering 
  • Psychological distress 
  • Long-term care requirements in Nebraska

In cases of fatality, Nebraska families may pursue wrongful death claims, which have a two-year statute of limitations in the state.

The current legal status is that there are ongoing lawsuits, including class action cases, filed by affected individuals and families. 

In Nebraska, a class action lawsuit has been filed in Lancaster County District Court on behalf of those impacted by the outbreak, which has led to hospitalizations and fatalities. 

Legal claims center on Boar’s Head’s alleged negligence in maintaining proper food safety practices, and plaintiffs are seeking compensation for medical costs, suffering, and damages. The company faces similar legal challenges across multiple states as investigations continue.

Filing a Boar’s Head Listeria Outbreak Lawsuit in Nebraska

Start with a no-cost case evaluation through Omaha Legal Partners to explore your legal options under Nebraska law. Gather significant evidence, such as medical records from Nebraska healthcare providers and purchase receipts from Nebraska retailers. 

While most cases are expected to settle, some may proceed to trial in Nebraska courts, following specific procedures set by the Nebraska Unicameral Legislature for food safety cases. 

Legal services in Nebraska typically operate on a contingency basis, meaning fees are only charged upon successfully resolving your case.

Get Your Free Consultation From Nebraska Boar’s Head Lawsuit Lawyers

Schmidt & Clark,LLP is dedicated to helping you through these challenging times. Please contact us if the Boar’s Head Listeria outbreak has impacted you or a loved one. Our team has extensive experience handling foodborne illness cases and will guide you through the legal process. 

We’ll help you understand your rights and assess your eligibility for compensation related to the outbreak. Our consultations are free, and only charge fees if we win your case. 

Contact us for a comprehensive evaluation of your case and to explore your legal options under Nebraska law.

Reference:

  1. https://www.fsis.usda.gov/recalls-alerts/boars-head-provisions-co–expands-recall-ready-eat-meat-and-poultry-products-due
  2. https://www.inc.com/associated-press/plant-linked-to-listeria-deaths-had-many-food-safety-violations.html
  3. https://boarshead.com/products-recall-2024
  4. https://www.ncbi.nlm.nih.gov/books/NBK534838/
  5. https://www.mayoclinic.org/diseases-conditions/listeria-infection/symptoms-causes/syc-20355269

 

Get a Free Case Review

You may be entitled to financial compensation.
Secure Submission