Boar’s Head, Publix Sued After Listeria-Related Death
A wrongful death lawsuit has been filed against Boar's Head Provisions Co. Inc. and Publix Super Markets by Morgan & Morgan law firm on behalf of the family of a man who allegedly died as a result of eating Boar’s Head ham that was purchased from a Florida Publix location.
Otis Adams, Jr., who died in May at age 79, became ill at the end of April, and was later diagnosed with listeriosis, which then progressed over the next two days into meningitis and sepsis. Adams’ wife allegedly purchased Boar’s Head Tavern Ham and Boar’s Head Yellow American Cheese from a Publix store in Brooksville, Fla., on two separate occasions in April.
“Mr. Adams, a man of faith and a deeply caring and supportive husband, was taken away from his wife and family too early,” said Morgan & Morgan attorneys John Morgan, Mike Morgan and Harris Yegelwel. “Unfortunately, he suffered severe pain as the infection spread to his blood, brain and nervous system before ultimately killing him. We allege that his painful, untimely death was completely preventable.”
Continued the attorneys: “Mrs. Adams is fighting to hold Boar’s Head accountable for the allegedly unsafe conditions at the Jarratt, Va., facility that allegedly led to her husband’s death, and to make sure no one else has to go through the pain and loss she has experienced.”
After news broke of a deadly listeria outbreak in late July, Boar’s Head recalled all of its liverwurst products, and later found out from the U.S. Department of Agriculture (USDA) that its Strassburger Brand Liverwurst was linked to the national deadly Listeria monocytogenes outbreak. According to Morgan & Morgan, its latest lawsuit is the first to allege that a deadly infection was contracted from a product other than Boar’s Head’s liverwurst.
Upon inspecting the Boar’s Head facility linked to the outbreak, USDA officials found "heavy discolored meat build up" on a hydraulic pump, flies in pickle vats, a "steady line of ants" and "a presence of flying insects" in one of the rooms at the Jarratt, Va., plant, along with many other infractions.
A total of 69 instances of noncompliance with federal regulations were found by Agriculture Department officials from January through August. That plant was eventually shut down last month. It is being linked to the Listeria monocytogenes cases that caused at least nine deaths and dozens of hospitalizations across 18 states.
Boar’s Head is shoring up its food safety program as it seeks to regain public trust. The Sarasota, Fla.-based company, which previously announced the creation of an advisory food safety council, officially appointed former FDA Deputy Commissioner Frank Yiannas as its chief food safety advisor earlier this month.
“We are continuing to take actions to ensure that we are operating in the safest manner possible across our network of facilities,” the company shared in a statement. “As part of these efforts, we are pleased to appoint Frank Yiannas as our chief food safety advisor on an interim basis.”
Continued the statement: “Mr. Yiannas brings significant food safety and regulatory experience and expertise that will be pivotal in helping us shape our food safety programs going forward. By leveraging the council's collective expertise, our aim is to enhance our safety practices and set a new standard for food safety in the industry."
