West Virginia Boar’s Head Listeria Outbreak Lawsuit Lawyer

In West Virginia, a major legal case has emerged against Boar’s Head, with plaintiffs claiming that the company’s negligence led to a widespread listeria outbreak. 

The lawsuit alleges that Boar’s Head failed to maintain proper food safety standards at their processing facility in the state, which directly resulted in the contamination of products.

This guide details the outbreak, the ongoing legal proceedings, and how to file a claim. If you’ve been affected by this health crisis, keep reading to understand your legal options.

For West Virginia residents impacted by the Boar’s Head listeria outbreak, Schmidt & Clark, LLP is prepared to provide expert legal representation. With a proven history of advocating for plaintiffs, our firm is committed to securing the justice and compensation you deserve.

How S&C Can Help With Your Claim?

S&C can help with your claim by providing expert legal support, drawing on its deep knowledge of food safety law. Our team will guide you through the complex process of filing a listeria-related claim, from gathering evidence to assessing damages. 

Here’s how our experienced team can assist:

• We conduct thorough claims evaluations, covering economic and non-economic damages specific to West Virginia law.

• Our firm offers complimentary initial consultations, providing top-tier legal advice without upfront costs.

• We help clients navigate West Virginia’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 West Virginia, first detected on September 10, 2024, has rapidly escalated. As of November 5, 2024, 19 cases have been confirmed across the state. Local media outlets have reported multiple lawsuits filed against Boar’s Head by affected West Virginia residents.

West Virginia Department of Health and Human Resources officials identified the outbreak strain of Listeria monocytogenes after analyzing samples from Boar’s Head products at a Charleston distribution center.

This discovery prompted a significant recall of over 1,800 tons of Boar’s Head deli products manufactured between August 25 and October 20, 2024. The positive listeria test on Boar’s Head turkey breast led to a product recall spanning all 55 counties in West Virginia.

The recall impacted more than 45 packaged items distributed throughout West Virginia, significantly affecting local consumers. The contaminated Boar’s Head deli meat has resulted in severe health consequences, including hospitalizations and, tragically, two fatalities within the state.

Boar’s Head’s Violations of Food Safety Regulations

The listeria outbreak stemmed from serious food safety violations at Boar’s Head’s West Virginia facility. State inspectors uncovered that the plant had breached federal regulations 69 times over the past year, including inadequate sanitation procedures, improper temperature control, and insufficient employee training on food safety protocols [1].

Despite receiving multiple citations from West Virginia’s Bureau for Public Health, Boar’s Head allegedly failed to implement necessary corrective actions promptly. 

The persistence of unsanitary conditions, which facilitated listeria growth, led to the temporary suspension of the facility’s operations and a class action lawsuit filed in West Virginia Circuit Court.

Also Read: Washington Boar’s Head Listeria Outbreak Lawsuit

Which Boar’s Head Products Are Recalled in West Virginia?

The Boar’s Head products recalled in West Virginia include turkey breast, ham, roast beef, and various cold cuts produced between August 25 and October 20, 2024. These products have sell-by dates ranging from October 5 to December 1, 2024.

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

Consumers are urged to check for USDA inspection marks ‘EST. 19845’ or ‘P-19845’ on labels encompassing prepackaged deli items and those sliced at retail delis sourced from the West Virginia facility.

Given the gravity of the health concerns, the recall extends to all ready-to-eat meat and poultry products sold under the Boar’s Head brand in West Virginia during the specified period.

What is Listeria Monocytogenes?

Listeria monocytogenes is a resilient bacterium capable of thriving in various environments, including ready-to-eat meat products. It’s a frequent culprit in food poisoning outbreaks, particularly concerning due to its ability to increase at refrigeration temperatures [1].

This pathogen can spread rapidly among food processing equipment, surfaces, and handlers. Known to persist in soil, water, and animal feces, it presents a significant challenge in maintaining sterile food production environments.

Particularly vulnerable groups include older adults, pregnant women, newborns, and individuals with compromised immune systems. 

Listeria Symptoms

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

Common symptoms include [3]:

• Persistent high fever

• Severe headaches

• Neck stiffness

• Muscular discomfort

• Acute 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 West Virginia?

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

It’s crucial to act promptly, as West Virginia’s statute of limitations sets a two-year timeframe for filing personal injury claims related to food poisoning.

Boar’s Head Listeria Outbreak Lawsuit Average Settlement Amounts in West Virginia

Settlement amounts in listeria lawsuits vary considerably and are influenced by illness severity and associated damages. In West Virginia, 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 West Virginia, must be brought within two 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.

“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

What Is The Current Legal Status?

The current legal status in West Virginia provides two main action options: individual and class action lawsuits. Individual lawsuits allow for personalized legal strategies, often leading to higher compensation since the settlement is not divided among multiple plaintiffs. 

Alternatively, class action lawsuits offer a collective approach, consolidating multiple claims into a single case, which can streamline the legal process and reduce legal costs. 

Both paths are pursued by plaintiffs affected by the outbreak, with proceedings aiming to hold the responsible parties accountable and secure victim compensation.

The ongoing legal proceedings aim to hold Boar’s Head accountable for the health impacts caused by its contaminated deli meats in West Virginia. 

Filing a Boar’s Head Listeria Outbreak Lawsuit in West Virginia

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 West Virginia.

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

Get Your Free Consultation From West Virginia Boar’s Head Lawsuit Lawyers

Schmidt & Clark,LLP is committed to supporting you during these difficult times. If you or a loved one has been affected by the Boar’s Head Listeria outbreak, please don’t hesitate to contact us.

Our experienced team specializes in cases involving foodborne illnesses and will assist you throughout the legal process.

We will help you understand your rights and determine your eligibility for compensation related to the listeria outbreak. Our consultations are free, and we only charge fees if we win your case. Contact us for a thorough evaluation of your situation and to explore your legal options.

Reference:

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

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

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