New Mexico Boar’s Head Listeria Outbreak Lawsuit Lawyer

Legal action against Boar’s Head centers on claims that the company failed to maintain a listeria-free environment in their products, directly leading to the outbreak. The lawsuit highlights alleged lapses in sanitary practices at their New Mexico production facility, which purportedly contributed to the contamination.

This article delves into the outbreak specifics, current legal proceedings, and the process for initiating a claim. Continue reading to understand your options for compensation if you’ve been affected.

For those impacted by the Boar’s Head listeria outbreak in New Mexico, Schmidt & Clark, LLP stands ready to assist. Our firm’s proven track record in plaintiff representation ensures we’re well-equipped to fight for the justice and compensation you deserve.

How S&C Can Help With Your Claim?

S&C can help with your claim by offering expert guidance through the complex legal landscape following a listeria infection. 

With extensive experience in food safety litigation, S&C provides invaluable support every step of the way, ensuring your rights are protected and helping you seek the compensation you deserve.

Our approach includes:

• Comprehensive evaluation of claims, encompassing both financial losses and non-monetary damages. 

• No-cost initial consultations, ensuring you receive top-tier legal advice without upfront expenses.

• Guidance on legal time limits and maintaining clear, consistent communication throughout your case.

Boar’s Head Listeria Outbreak: Latest Updates

As of September 2024, the Boar’s Head listeria outbreak has resulted in nine deaths and 57 hospitalizations across 18 states, including New Mexico. The outbreak was traced to contaminated deli meats, including green chile turkey, prompting a recall of over 2,800 tons of products. 

The recall covers more than 60 packaged items distributed nationwide, with New Mexico experiencing a significant impact. The Virginia plant linked to the contamination has since been permanently closed, and multiple lawsuits have been filed​.

Boar’s Head’s Violations of Food Safety Regulations

Investigations into the Boar’s Head listeria outbreak revealed 54 violations of federal regulations at their Albuquerque, New Mexico plant, including mold growth, insect infestations, and improper handling of local green chile ingredients [1]. 

Despite repeated warnings, sanitation issues like condensation persisted, promoting listeria growth. 

These conditions led to a widespread outbreak, resulting in seven deaths and over 40 hospitalizations across 11 states, with New Mexico being the most affected. Legal action has since been taken against Boar’s Head for negligence in food safety compliance.

Also Read: New Hampshire Boar’s Head Listeria Outbreak Lawsuit

Which Boar’s Head Products Are Recalled in New Mexico?

Boar’s Head products that are recalled in New Mexico include green chile turkey, roast beef, and ham products manufactured between June 20 and August 5, 2024. These items have sell-by dates ranging from August 1 to September 15, 2024 [2].

The health risks associated with these contaminated products are substantial, having caused multiple illnesses and fatalities across several states, with New Mexico particularly hard-hit.

Consumers are advised to check for USDA inspection marks ‘EST. 18735’ or ‘P-18735’ on product labels, including both prepackaged deli items and those sliced at retail delis sourced from the Albuquerque facility.

The recall extends to ready-to-eat meat and poultry products sold under the Boar’s Head brand in New Mexico and neighboring states due to health safety concerns.

What is Listeria Monocytogenes?

Listeria monocytogenes is a hardy bacterium capable of surviving on various surfaces and in ready-to-eat meat products. It’s a frequent culprit in food poisoning outbreaks [3].

This pathogen spreads rapidly across equipment, surfaces, food items, and human hands. It thrives in diverse environments including soil, water, and animal waste. Notably, refrigeration doesn’t eliminate listeria bacteria in contaminated meats, making it a persistent food safety threat.

Elderly individuals, pregnant women, and those with compromised immune systems face the highest risk. The CDC monitors the illness, reporting on deaths and hospitalizations while urging consumers to be vigilant about recalled products. Severe cases of listeriosis typically require antibiotic treatment.

Listeria Symptoms

Listeria infection symptoms can vary widely, potentially appearing anywhere from the day of consumption to 70 days after ingesting contaminated food.

Typical symptoms include [4]: 

• Elevated body temperature

• Muscle soreness 

• Digestive disturbances

In severe cases, individuals may experience:

• Intense headaches 

• Neck rigidity

• Mental confusion

• Impaired balance

• Seizures

For expectant mothers, while the infection may present with mild symptoms, it can lead to serious complications such as miscarriage or stillbirth.

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

Any individual in New Mexico who consumed recalled Boar’s Head deli meats and subsequently suffered a severe listeria-related illness can file a Boar’s Head Meat lawsuit in New Mexico. This includes those hospitalized due to listeriosis and families who have lost loved ones to the infection within the state.

It’s crucial to act promptly, as New Mexico’s statute of limitations sets specific timeframes for filing claims, sometimes as brief as three years from the date of injury or discovery.

Boar’s Head Listeria Outbreak Lawsuit Average Settlement Amounts in New Mexico

Settlement amounts for listeria lawsuits in New Mexico fluctuate based on factors such as illness severity and associated damages. Generally, cases involving hospitalization or long-term health impacts tend to receive higher compensation.

Claimants may seek reimbursement for economic losses like medical expenses and lost wages, as well as non-economic damages such as pain and suffering. In cases of fatality, families may pursue wrongful death claims.

Legal actions can also address victims’ emotional distress, with some settlements factoring in long-term care needs resulting from listeria-related health complications, particularly within the context of New Mexico’s healthcare system and long-term care facilities.

What Is The Current Legal Status?

The current legal status is that individuals choose two primary avenues of legal recourse: individual lawsuits and class action suits. Individual lawsuits provide personalized strategies and greater control, often resulting in higher compensation as the settlement isn’t divided among multiple plaintiffs.

Class action lawsuits can minimize costs and expedite the legal process by consolidating multiple claims. However, eligibility to file is time-sensitive, governed by New Mexico’s statutes of limitations.

The ongoing legal proceedings aim to hold Boar’s Head accountable for the health impacts caused by their contaminated products, particularly those distributed from the Albuquerque facility.

 Evidence from the New Mexico Environment Department strengthens these cases. The lawsuits seek compensation for affected individuals, with a focus on New Mexico residents.

“In interviews with sick people, 23 of 24 (89%) reported eating meats sliced at deli counters. Thirteen people reported eating deli sliced liverwurst, with seven of those reporting Boar’s Head brand.”- U.S Center for Disease Control and Prevention

Filing a Boar’s Head Listeria Outbreak Lawsuit in New Mexico

Initiating a lawsuit begins with a complimentary case evaluation to understand your legal options under New Mexico law. Essential evidence may include medical records from New Mexico healthcare providers and purchase receipts linking the illness to contaminated products bought within the state.

While most cases are resolved through settlements, some may proceed to trial if an agreement cannot be reached. New Mexico courts have established specific procedures for handling such cases.

Typically, lawyers operate on a contingency basis, meaning claimants aren’t charged upfront fees. This arrangement is particularly beneficial for New Mexico residents affected by the outbreak.

Get Your Free Consultation From New Mexico Boar’s Head Lawsuit Lawyers

Schmidt & Clark,LLP is committed to supporting you during these challenging times. If you or a family member in New Mexico has been impacted by the Boar’s Head Listeria outbreak, we encourage you to reach out to us.

Our expert team, specializing in foodborne illness cases in New Mexico, will guide you through every step of the legal process.

We’ll help you understand your rights under New Mexico law and assess your eligibility for compensation related to the listeria outbreak. Our consultations are provided at no cost, and we only charge fees if we successfully win your case.

Contact us today for a thorough evaluation of your situation and to explore your legal options in New Mexico.

Reference:

1. https://www.inc.com/associated-press/plant-linked-to-listeria-deaths-had-many-food-safety-violations.html

2. https://boarshead.com/products-recall-2024

3. https://www.ncbi.nlm.nih.gov/books/NBK534838/

4. https://www.mayoclinic.org/diseases-conditions/listeria-infection/symptoms-causes/syc-20355269