Wrongful death lawsuit filed in Boar's Head listeria outbreak
TALLAHASSEE, Fla. (WAVY) — A wrongful death lawsuit has been filed on behalf of an 88-year-old Virginia man who, according to his family, died after eating Boar's Head meat included in a massive recall.
Gunter Morgenstein of Newport News was initially rushed to the hospital for difficulty breathing, and his family thought he would only be in the hospital for a short stay, having shown signs of improvement the day after being admitted.
“He was doing better, eating full meals on his own, on like Tuesday and what have you,” Gunter's son, Garshon, told Nexstar's WAVY in late August. “He was supposed to be discharged Wednesday.”
However, Morgenstein died 10 days after entering the hospital. Doctors had run tests and diagnosed Morgenstein with sepsis and listeriosis, tracing it back to liverwurst he had gotten June 30 at a Harris Teeter store in Newport News, according to his family and the food safety law firm Ron Simon & Associates, who, along with Kelly/Uustal, PLC, filed the lawsuit in Sarasota County, Florida.
Over the next week, Morgenstein ate the liverwurst in sandwiches, and started to experience diarrhea, weakness, and shortness of breath. He was taken by ambulance to Riverside Regional Hospital on July 8. He died on July 18.
The Centers for Disease Control and Prevention says at least 57 people in 18 states have tested positive for listeria poisoning from contaminated Boar's Head products, with all of them being hospitalized. At least nine have died, with deaths reported in Illinois, New Jersey, Virginia, Florida, Tennessee, New Mexico, New York, and South Carolina.
According to the CDC, this is the largest listeriosis outbreak since a 2011 outbreak linked to cantaloupe.
An investigation by federal and state health agencies has already identified a number of health violations at Boar's Head's Jarratt, Virginia, plant, which include instances of mold, insects, liquid dripping from ceilings, and meat and fat residue on walls, floors, and equipment, according to recently released records.
Government inspectors logged 69 instances of "noncompliance" with federal rules in the past year, including several in recent weeks, according to documents released through federal Freedom of Information Act requests.
Boar's Head has recalled all of its products manufactured at the Jarrett plant, which will remain closed until further notice.
"Gunter was a very active and vibrant personality and was still working right up until his illness," said Ron Simon, attorney for the Morgenstein family and other listeria victims, in a statement. "He should not have died from eating a sandwich. Our thoughts and prayers go out to all of the victims affected by this completely avoidable travesty. Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses. We will find out exactly how this happened and will force Boar's Head to make sure it does not happen again."
The law firm has established a Boar's Head Listeria Claim Center to help victims of the outbreak. Simon has prosecuted thousands of food poisoning cases across the U.S.
See below for a copy of the lawsuit.
Morgenstein escaped Germany during the Holocaust, moving to Canada and later to Newport News. He studied cosmetology and became a master hair designer, teaching at salons across Canada, working with Tom Jones, Johnny Mathis, and even meeting Muhammad Ali. For him, talking to people was second nature.
“Like, mind-blowing to me that someone can just go up to a stranger, ’cause I am the complete opposite,” Garshon said. “My mom would get mad at him because he would go to the store to go get something and she’d think he’d be back in 30 minutes and he’s gone for an hour-and-a-half, like talking to everybody.”
A celebration of life for Gunter Morgenstein will be held Sept. 8 in Newport News.