Surpassing:Boar's Head faces first suit in fatal listeria outbreak after 88-year-old fell 'deathly ill'

A Missouri couple has filed the first lawsuit linked to the multi-state listeria outbreak that has killed two people,Surpassing accusing the company Boar's Head of selling deli meats that caused one of them to become "deathly ill."

Law firm OFT Food Safety & Injury Lawyers filed the complaint on behalf of Patrick and Sue Fleming of High Ridge Missouri in St. Louis Circuit Court on Friday, naming Boar's Head Provisions, Co., Inc. and Schnucks Markets, Inc. as defendants.

The complaint alleges that the older couple purchased Boar's Head liverwurst from their local Schnucks grocery store in June, resulting in a "life-threatening Listeriainfection" for Sue, 88, requiring a long hospital and rehab stay.

During her illness, Sue said she experienced nausea, diarrhea, stomach cramping, and, "most disturbingly, intense whole-body aches, shaking, and muscle weakness.” She allegedly spent nine days in the hospital receiving “intensive treatment” before being transferred to a rehabilitation center where she spent another 11 days.

The complaint says that she continues to suffer "neurological symptoms, fatigue, and overall weakness.” It also alleges that the couple suffered damages tied to the cost of medical treatment, as well as physical and mental pain and suffering, loss of enjoyment of life, shortened life expectancy and damage to the marital relationship.

“Plaintiff Patrick Fleming has lost the love, services, consortium, comfort, instruction, guidance, counsel, and support of his spouse, which he would have received in the usual course of his married life,” the complaint said.

The 76 and 88-year-olds are seeking $25,000 in injuries and damages. The suit accuses Boar's Head and Shnucks of multiple counts of negligence, as well as manufacturing defects and breach of implied warranty.

"Unfortunately, we've seen this before with deli meats," said OFC attorney Ryan Osterholm in a press statement. "It gets in the facility, and if you're not doing deep cleans often enough, it sticks around. That's how Listeria proliferates. From there, it gets in the food and it makes people very sick. Then people get hospitalized, and sometimes—far too often—people die."

USA TODAY has reached out to Boar's Head and Schnucks for comment.

Boar's Head deli meat recall

Boar's Head Provisions Co., Inc. issued a recall for more than 200,000 pounds of liverwurst and other ready-to-eat deli meats on Friday, citing listeria contamination.

The US Department of Agriculture (USDA) issued a notice concerning 207,528 pounds of product, including all liverwurst.

The recalled ready-to-eat liverwurst products were produced between June 11, 2024, and July 17, 2024, and have a 44-day shelf life. The products were distributed to retail deli locations nationwide and are labeled with the establishment number “EST. 12612."

Other recalled ready-to-eat deli meat products were produced on June 27, 20424. These products, also distributed nationwide, bear the establishment number “EST. 12612.” 

Boar's Head recall:More than 200,000 pounds of liverwurst, other sliced meats

Multi-state listeria outbreak kills two

A listeria outbreak linked to sliced deli meat has sickened 34 in 13 states, causing 33 hospitalizations and two deaths, according to an ongoing investigation by the USDA and Centers for Disease Control (CDC).

The ages of the sick people range between 32 and 94 with the median being 75, CDC data showed. Deaths were reported in Illinois and New Jersey.

The CDC and USDA are currently aware of 13 states with infections as a result of the outbreak.

These states include:

• New York: 12
• Maryland: 6
• Massachusetts: 2
• Missouri: 2
• New Jersey: 2
• Virginia: 2
• Georgia: 2
• Minnesota: 1
• Wisconsin: 1
• Illinois: 1
• Pennsylvania: 1
• North Carolina: 1
• Indiana: 1

Listeriosis or listeria poisoning symptoms

Listeriosis, or listeria poisoning, is a foodborne bacterial infection most commonly caused by the bacterium Listeria monocytogenes. It is considered a serious condition and can be dangerous or life-threatening, especially to older adults, people with weak immune systems and pregnant women.

According to the USDA, symptoms include:

• Fever
• Muscle aches
• Headache
• Stiff neck
• Confusion
• Loss of balance
• Convulsions
• Diarrhea
• Other gastrointestinal symptoms
• Miscarriage, stillbirth, premature delivery and/or life-threatening infection of newborn infants
• Death

People in higher-risk categories who experience flu-like symptoms within two months after eating contaminated food should seek medical care and tell the health care provider about eating the contaminated food, said the USDA.

What to do to stay safe

The CDC advises that people who are pregnant, are aged 65 or older, or have a weakened immune system take extra precautions to avoid becoming ill.

At-risk individuals should do as follows:

• Do not eat recalled deli meats.Throw them away or contact stores about returns.
• In addition, do not eat any other deli meats you get sliced at deli counters, unless it is reheated to an internal temperature of 165°F or until steaming hot. Let it cool before you eat it.
  • Listeria can grow on foods kept in the refrigerator, but it is easily killed by heating food to a high enough temperature.
• Clean your refrigerator, containers and surfaces that may have touched sliced deli meats.
  • This is especially important if you purchased any of the recalled deli products.
• Call your healthcare provider right away if you have any of these symptoms:
  • People who are not pregnant usually have fever, muscle aches, and tiredness. They may also get a headache, stiff neck, confusion, loss of balance, or seizures.
  • Pregnant people usually have fever, muscle aches, and tiredness. However, Listeria can cause pregnancy loss or premature birth. It can also cause serious illness or death in newborns.