The tragic death of 88-year-old Gunter Morgenstein has brought to light a significant public health issue involving contaminated Boar’s Head products. As the family seeks justice through a wrongful death lawsuit, it’s essential to understand why they have a strong case and how this could impact other victims affected by this devastating listeria outbreak.
The Listeria Outbreak: A Public Health Crisis
The U.S. Centers for Disease Control and Prevention (CDC) has identified a listeriosis outbreak linked to Boar’s Head deli meats as the largest since the 2011 outbreak associated with contaminated cantaloupes. As of the end of August, 57 [people across 18 states have been hospitalized, and nine has died due to the consumption of contaminated Boar’s Head products, including liverwurst and bologna. The contamination was traced back to a Boar’s Head facility in Jarratt, Virginia, where inspection reports revealed alarming conditions such as mold, insects, and mildew, ultimately leading to the plant’s voluntary shutdown.
The CDC’s findings are particularly concerning given the incubation period for listeria, which can last over two months. This means more cases could emerge in the coming weeks, potentially increasing the number of victims and the scope of the legal action against Boar’s Head.
Gunter Morgenstein’s Case: A Tragic Example of Listeria’s Impact
Gunter Morgenstein’s death is a vivid example of how severe and life-threatening listeria infections can be, especially for vulnerable populations like the elderly. After consuming Boar’s Head liverwurst, Morgenstein experienced symptoms of listeriosis, including diarrhea, weakness, and shortness of breath, Despite being hospitalized and undergoing aggressive treatment, he succumbed to the infections, which as complicated by sepsis and bacterial meningitis, just 10 days later.
This tragic outcome highlights the dangers posed by listeria, particularly to individuals over the age of 65, pregnant women, and those with compromised immune systems. For families like the Morgensteins, the legal question now becomes whether Boar’s Head can be held accountable for the wrongful death of their loved one.
Why the Morgenstein Family May Have a Strong Wrongful Death Claim
A wrongful death lawsuit seeks to hold responsible parties accountable for causing the death of an individual through negligence or misconduct. In this case, the Morgenstein family is alleging that Boar’s Head’s failure to maintain safe production practices directly led to Gunter Morgenstein’s death. Several factors may strengthen their case:
1. Documented Contamination and Negligence
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Inspection reports from the USDA indicate that Boar’s Head’s facility in Jarrat, Virginia, had ongoing issues with old, mildew, and insects.
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These problems persisted for over a year before the plant was shut down, suggesting a pattern of negligence.
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This could be a critical piece of evidence proving that Boar’s Head failed to uphold safety standards, directly leading to the contamination of their products.
2. CDC Finding and Product Recalls
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The CDC has linked Boar’s Head products to the listeria outbreak, reinforcing the connection between the contaminated liverwurst Morgenstein consumed and his subsequent death.
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Boar’s Head’s decision to expand its recall to include ALL products from the Jarratt facility further validates the severity of the contamination and the company’s acknowledgment of the risk to consumers.
3. Vulnerability of the Victim
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The lawsuit emphasizes that Morgenstein, due to his age (88 and health, was particularly vulnerable to severe listeriosis.
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Listeria is known to disproportionately affect older adults, and the fact that Morgenstein was in a high-risk category may enhance the argument that Boar’s Head had an increased duty to ensure their products were safe for consumption by susceptible populations.
Broader Implications: A Call for Corporate Accountability
The Morgenstein family’s lawsuit is not an isolated case. It follows a series of legal actions against Boar’s Head by other victims of the listeria outbreak, including a pregnant woman who nearly lost her unborn child and an 88-year-old woman who became critically ill after consuming the company’s products.
If the Morgenstein family is successful in their wrongful death claim, it could set a precedent for other victims seeking compensation for the harm caused by contaminated Boar’s Hed products. It could also promote stricter regulations and more rigorous inspections of food production facilities to prevent similar outbreaks in the future.
GOLDLAW can Help the Families of Victim’s of Wrongful Death brought on by conditions such as Listeria
GOLDLAW’s West Palm Beach wrongful death attorneys have the experience and expertise to help guide you through every step of the wrongful death claims process and ensure that your rights are protected. If you have lost a loved one die to someone else’s negligence, GOLDLAW is the ONLY choice for you:
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We fully understand your pain and anguish, and we will handle your case with the compassion and dedication it deserves.
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We know money can’t bring back your loved one, but we will obtain what you rightfully deserve to make this process easier for you.
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We have a proven track record of winning substantial amounts of compensation for our clients.
To see if you have a wrongful death claim, “Choose the 2’s,” and call GOLDLAW at:
