The family of an 88-year-old Holocaust survivor who died after eating Boar's Head deli meats reportedly contaminated with listeria has filed the first wrongful death lawsuit against the company since the nationwide outbreak.
Boar's Head's “negligence” led to the death of Virginia resident Gunter Morgenstein by distributing “defective and unreasonably dangerous” meat “without adequate warning of the product's dangers,” his family said in a lawsuit filed in Florida last week.
Morgenstein is one of nine people who have died since the Boar's Head listeria outbreak, and about 60 others remain hospitalized. According to the US Centers for Disease Control and Prevention,
Over the past year, Boar’s Head plant in Jarratt, Virginia, has had dozens of violations — including reports of mold, mildew, insects and blood deposits throughout the plant. The Post previously reported,
Boar's Head did not immediately respond to requests for comment.
According to the lawsuit, the husband, father and massacre survivor purchased Boar's Head liverwurst and other Boar's Head products from a Harris Teeter supermarket on June 30.
For the next few days he ate the products placed on the sandwiches.
“He then became ill, suffering from weakness, diarrhea, fatigue, and fever,” the family said in the lawsuit.
Morgenstein's condition continued to deteriorate, and he was ultimately hospitalized on July 8, the lawsuit said.
According to the lawsuit, his blood tested positive for Listeria bacteria after he “consumed Listeria” from Boar’s Head products.
The complaint alleges that the contaminated meat caused Morgenstein to become very ill and he developed diseases including listeriosis, encephalitis, meningitis and sepsis.
Morgenstein died after a 10-day stay in the hospital. According to a copy of his death certificate obtained by The Post, his cause of death was listed as listeria meningoencephalitis, a deadly bacterial infection that can cause a brain abscess.
“Gunter was a great man who lived an extraordinary life. He shouldn't have died eating a sandwich,” Ron Simon, an attorney for the Morgenstein family and several other listeria victims, told The Post in a statement.
“He showed the courage to face life's challenges with a smile and remained strong till the end,” his tribute message said.
According to his obituary, Morgenstein left East Berlin in 1954 “with only the clothes on his body.”
His obituary said he worked as a “master” hairdresser for more than 70 years.
The family's lawyer said they wanted to “ensure that all listeria victims receive fair compensation for their losses” and “put pressure on Boar's Head to make sure this never happens again.”
Morgenstein's family said they were “devastated” by his death.
“He was a caring husband, a proud father and a good friend to all who knew him,” the family said in a statement provided to the Post. “We hope to raise awareness and bring change to the dangerous and unhealthy conditions at Boar’s Head so others don’t suffer the same fate.”
Boar's Head 7 million pounds of deli meats were recalled in July Its liverwurst tested positive for listeria.
Customers across the country are getting sick. This family business, founded in Brooklyn in 1905, is headquartered in Sarasota, Florida.
New York has suffered particularly hard. The state health department 17 cases of listeria are being investigated — including eight in the Big Apple alone.
Federal agencies reported last week that at least one of the nine deaths related to the outbreak occurred in New York.
It's the worst listeria outbreak since 2011, when 147 people fell ill and 33 died after eating contaminated cantaloupe.
New York supermarkets and delis have seen sales of Boar's Head meat fall by up to 30% as consumers become wary of the tainted brand of the iconic cold cut. The Post exclusively reported,
Boar's Head was founded in 1905 in Brooklyn.
