South Dakota Boar’s Head Listeria Outbreak Lawsuit Lawyer

In South Dakota, a legal storm is brewing against Boar’s Head. Plaintiffs assert that the company’s negligence resulted in a widespread listeria outbreak. The lawsuit claims that Boar’s Head failed to maintain adequate food safety measures at its South Dakota processing plant, directly leading to product contamination.

This comprehensive guide delves into the outbreak’s specifics, current legal actions, and the process for initiating a claim. Continue reading to understand your recourse if this health crisis has impacted you.

Schmidt & Clark, LLP stands ready to provide expert legal counsel for South Dakota residents affected by the Boar’s Head listeria outbreak. Our firm’s proven track record in representing plaintiffs ensures we’re well-positioned to advocate 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 process following a listeria infection. With extensive experience in food safety law, S&C assists victims in gathering evidence, assessing damages, and understanding their rights.

Here’s how our seasoned team can assist:

• We perform comprehensive assessments of claims, encompassing both economic and non-economic damages.

• Our firm provides free initial consultations, offering top-tier legal advice without any upfront costs.

• We assist clients in understanding South Dakota’s specific statutes of limitations and maintain clear, ongoing communication throughout the legal journey.

Boar’s Head Listeria Outbreak: Latest Updates

The Boar’s Head listeria outbreak in South Dakota, initially detected on July 3, 2024, has rapidly escalated. As of September 1, 2024, 15 cases have been confirmed across the state. Local media outlets have reported multiple lawsuits against Boar’s Head by affected South Dakota residents.

South Dakota health officials identified the outbreak strain of Listeria monocytogenes after analyzing samples from Boar’s Head products at a Sioux Falls distribution center.

This discovery prompted a significant recall of over 1,200 tons of Boar’s Head deli products manufactured between June 15 and August 25, 2024. The positive listeria test on Boar’s Head ham led to a product recall spanning all 66 counties in South Dakota.

The recall impacted more than 35 packaged items distributed throughout South Dakota, significantly affecting local consumers. The contaminated Boar’s Head deli meat has resulted in severe health consequences, including hospitalizations and, tragically, one fatality within the state.

Boar’s Head’s Violations of Food Safety Regulations

Boar’s Head faced numerous food safety violations at its Virginia facility, where the listeria outbreak originated. 

According to federal inspectors, the plant had a history of issues, including mold growth, insect infestations, and improper ingredient handling. These violations persisted despite repeated warnings from authorities [1]. 

Unsanitary conditions, such as condensation on equipment and blood on the floor, contributed to the contamination. The facility’s failure to address these safety problems has led to multiple hospitalizations, deaths, and ongoing legal action.

Also Read: Rhode Island Boar’s Head Listeria Outbreak Lawsuit

Which Boar’s Head Products Are Recalled in South Dakota?

The Boar’s Head products recalled in South Dakota include ham, turkey, roast beef, and various cold cuts produced between June 15 and August 25, 2024. Their sell-by dates range from July 30 to October 9, 2024 [2].

The health risks associated with these contaminated Boar’s Head products are significant, having caused multiple illnesses and deaths across South Dakota.

Consumers are urged to check for USDA inspection marks ‘EST. 17524’ or ‘P-17524’ on labels encompassing prepackaged deli items and those sliced at retail delis sourced from the South Dakota facility.

What is Listeria Monocytogenes?

Listeria monocytogenes is a hardy bacterium capable of surviving in diverse environments, including ready-to-eat meat products. It’s a frequent culprit in food poisoning outbreaks, particularly dangerous due to its ability to increase at refrigeration temperatures [3].

This pathogen can spread swiftly among food processing equipment, surfaces, and handlers. It is known to persist in soil, water, and animal feces, which poses a significant challenge in maintaining contamination-free food production environments.

Older adults, pregnant women, newborns, and individuals with compromised immune systems are particularly susceptible. 

The South Dakota Department of Health is vigilantly monitoring the situation, reporting on cases, and urging consumers to exercise caution regarding recalled products. Severe listeriosis typically necessitates intensive antibiotic treatment.

Listeria Symptoms

Listeria infection symptoms can manifest in a wide range and may appear anywhere from 24 hours to 70 days after consuming contaminated food.

Common symptoms include [4]:

• Persistent high fever

• Intense headaches

• Neck stiffness

• Muscular soreness

• Severe gastrointestinal distress

In more severe cases, complications may include:

• Mental confusion

• Loss of balance and coordination

• Seizures

• Meningitis

• Septicemia

Pregnant women might experience mild flu-like symptoms, but the infection can lead to severe complications such as miscarriage, stillbirth, or life-threatening infection of the newborn.

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

South Dakota residents who have consumed recalled Boar’s Head deli meats and subsequently suffered a listeria-related illness can file a Boar’s Head Meat lawsuit in South Dakotat. This includes individuals who require hospitalization due to listeriosis and families who have lost loved ones to the infection.

Act promptly is crucial, as South Dakota’s statute of limitations sets a three-year timeframe for filing personal injury claims related to food poisoning.

“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 South Dakota

Settlement amounts in listeria lawsuits vary considerably and are influenced by illness severity and associated damages. In South Dakota, more severe cases involving extended hospitalization or long-term health impacts tend to receive higher compensation.

Victims may seek compensation for economic damages, including medical expenses, lost wages, and non-economic damages, such as pain and suffering. 

In cases of fatality, families may file wrongful death claims, which in South Dakota, must be brought within three years of the date of death.

Legal claims can also cover victims’ emotional distress, and some settlements may account for long-term care needs resulting from listeria-related health complications.

What Is The Current Legal Status?

The current legal status is that victims are filing both individual lawsuits and class action lawsuits. Individual lawsuits provide tailored strategies and often result in higher compensation as the payout isn’t divided among multiple plaintiffs.

A class action lawsuit has been filed in South Dakota Circuit Court, consolidating multiple claims into one case. 

This approach can reduce costs and streamline the legal process. However, it’s important to note that filing eligibility is time-sensitive, governed by South Dakota’s statutes of limitations.

Filing a Boar’s Head Listeria Outbreak Lawsuit in South Dakota

Initiating a lawsuit begins with a complimentary case review to explore your legal options. Essential evidence may include medical records and purchase receipts linking the illness to contaminated products bought in South Dakota.

While most cases are resolved through settlements, some may proceed to trial in South Dakota courts if an agreement cannot be reached.

Get Your Free Consultation From South Dakota Boar’s Head Lawsuit Lawyers

Schmidt & Clark,LLP supports South Dakota residents during this challenging time. If you or a loved one has been impacted by the Boar’s Head Listeria outbreak in South Dakota, we urge you to contact us.

Our skilled legal team, specializing in foodborne illness cases, will guide you through every step of the legal process, ensuring your rights are protected under South Dakota law.

We will help you understand your rights and evaluate your eligibility for compensation related to the listeria outbreak in South Dakota. Our consultations are free and only charge fees if we successfully win your case.

Contact us today for a comprehensive evaluation of your situation and to explore your legal options under South Dakota law.

Reference:

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

2. https://www.fsis.usda.gov/recalls-alerts/boars-head-provisions-co–recalls-ready-eat-liverwurst-and-other-deli-meat-products

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

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