Boar's Head, the deli meat giant, is embroiled in a lawsuit filed by the widow of a New York man who died after eating tainted liverwurst linked to a deadly listeria outbreak. The company is seeking to move the case from New York to Virginia, a move criticized by the plaintiff's attorney as 'unnecessarily cruel' and a tactic to send a message. The lawsuit highlights the company's ongoing legal battles stemming from the listeria outbreak that claimed ten lives and sickened dozens more.
Boar's Head is facing legal action from the widow of a New York man who died after consuming tainted liverwurst. Robert Hamilton , a 55-year-old husband, experienced flu-like symptoms including stomach pain, diarrhea, and high fever before being rushed to Nassau University Medical Center in July. Tragically, he succumbed to the illness, and the New York State Health Department linked his death to the Boar's Head listeria outbreak .
The company, headquartered in Sarasota, Florida, is now seeking to move the case from Brooklyn federal court to Virginia, where it is defending itself against other claims related to the outbreak. Bill Marler, a prominent food safety attorney representing Hamilton's widow and ten other victims, opposes the move, arguing that it would cause undue hardship and is unnecessarily cruel. He believes the company is using the holiday season to file the motion and send a message. Marler has been outspoken in his advocacy for criminal charges against Boar's Head and congressional hearings regarding the outbreak. He observes that the company's public statements about the case seem at odds with their legal maneuvers. Boar's Head, in its court filings, maintains that consolidating cases in Virginia under a single judge would be the most efficient and practical approach. They argue that litigating the Hamilton case in New York would create a duplicate burden and that the New York filing should not be given priority. Richard Dollinger, a retired New York court of claims member not involved in the case, suggests that Boar's Head's argument is unlikely to succeed. He points out that all the witnesses in the Hamilton case, including friends, relatives, medical professionals, and neighbors, are based in New York. The widow would face significant financial responsibility for transporting these witnesses to Virginia. Based on these factors, Dollinger believes the courts are more likely to keep the case in New York. This litigation follows a massive recall of 7.2 million pounds of potentially tainted meat by Boar's Head in July. The outbreak resulted in the deaths of ten individuals, including Holocaust survivor Günter Morgenstein, and sickened at least 51 people. Investigations into the Jarratt, Virginia plant, where the outbreak originated, revealed unsanitary conditions, including mold, condensation, insects, and blood on the floor. Similar problems were found in processing plants in Indiana, Arkansas, and Petersburg, Virginia, raising concerns about the company's food safety practices.
Boar's Head Listeria Outbreak Lawsuit Food Safety Virginia New York Robert Hamilton Bill Marler Litigation
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