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Deli Meat Listeria Lawsuit

Posted in Listeria,Our Blog,Outbreaks & Recalls on July 19, 2024

Put down that sandwich, there is a Deli Meat Listeria outbreak sweeping the country. Many people in this outbreak are reporting eating meats that they had sliced at deli counters. Investigators are collecting information to determine the specific products that may be contaminated. Products sold at the deli, especially those sliced or prepared at the deli, can be contaminated with ListeriaListeria spreads easily among deli equipment, surfaces, hands and food. Refrigeration does not kill Listeria, but reheating to a high enough temperature before eating will kill any germs that may be on these meats. A Deli Meat Listeria Lawsuit is complicated. Want more info? Read on.

Deli Meat Listeria Outbreak Updates:

The number of people sick in this outbreak has grown to 32.

Georgia (2), Illinois (1), Indiana (1), Massachusetts (2), Maryland (6), Minnesota (1), Missouri (2), North Carolina (1), New Jersey (2), New York (12), Pennsylvania (1), Virginia (2) and Wisconsin (1).

UPDATE: Recall Initiated

The USDA has announced a recall linked to this outbreak:

Boar’s Head Provisions Co., Inc., a Jarratt, Va., establishment, is recalling all liverwurst product produced by the establishment that is currently available in commerce because it may be adulterated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The company is also recalling additional deli meat products that were produced on the same line and on the same day as the liverwurst and, therefore, may be adulterated with L. monocytogenes. The company is recalling approximately 207,528 pounds of products.

The ready-to-eat liverwurst products were produced between June 11, 2024, and July 17, 2024, and have a 44-day shelf life. The following liverwurst products are subject to recall [view labels]:

  • 3.5-lb. loaves in plastic casing, or various weight packages sliced in retail delis, containing “Boar’s Head Strassburger Brand Liverwurst MADE IN VIRGINIA.” The products shipped to retailers bear sell by dates ranging July 25, 2024, to Aug. 30, 2024, printed on the side of the packaging.

The other ready-to-eat deli meat products were produced on June 27, 2024. The following deli meat products are subject to recall:

  • 9.5-lb. and 4.5-lb. full product, or various weight packages sliced in retail delis, containing “Boar’s Head VIRGINIA HAM OLD FASHIONED HAM” with sell by date “AUG 10” on the product packaging.
  • 4-lb., or various weight packages sliced in retail delis, containing “Boar’s Head ITALIAN CAPPY STYLE HAM” with sell by date “AUG 10” on the product packaging.
  • 6-lb., or various weight packages sliced in retail delis, containing “Boar’s Head EXTRA HOT ITALIAN CAPPY STYLE HAM” with sell by date “AUG 10” on the product packaging.
  • 4-lb., or various weight packages sliced in retail delis, containing “Boar’s Head BOLOGNA” with sell by date “AUG 10” on the product packaging.
  • 2.5-lb., or various weight packages sliced in retail delis, containing “Boar’s Head BEEF SALAMI” with sell by date “AUG 10” on the product packaging.
  • 5.5-lb., or various weight packages sliced in retail delis, containing “Boar’s Head STEAKHOUSE ROASTED BACON HEAT & EAT” with sell by date “AUG 15” on the product packaging.
  • 3-lb., or various weight packages sliced in retail delis, containing “Boar’s Head GARLIC BOLOGNA” with sell by date “AUG 10” on the product packaging.
  • 3-lb., or various weight packages sliced in retail delis, containing “Boar’s Head BEEF BOLOGNA” with sell by date “AUG 10” on the product packaging.

The products subject to recall were distributed to retail deli locations nationwide. The products shipped to deli retailers bear establishment number “EST. 12612” inside the USDA mark of inspection on the product labels.

The problem was discovered when FSIS was notified that a sample collected by the Maryland Department of Health tested positive for L. monocytogenes. The Maryland Department of Health, in collaboration with the Baltimore City Health Department, collected an unopened liverwurst product from a retail store for testing as part of an outbreak investigation of L. monocytogenes infections. Further testing is ongoing to determine if the product sample is related to the outbreak. Anyone concerned about illness should contact a healthcare provider.

Deli Meat Listeria Outbreak

According to the CDC:

“CDC, public health and regulatory officials in several states, and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) are collecting different types of data to identify the food source of a multistate outbreak of Listeria monocytogenes infections.

Epidemiologic information shows that many people in this outbreak report eating meats sliced at deli counters. We do not have information to show that people are getting sick from prepackaged deli meats.

Epidemiologic Data

As of July 19, 2024, a total of 28 people infected with the outbreak strain of Listeria have been reported from 12 states (see map). Sick people’s samples were collected from May 29, 2024, to July 5, 2024 (see timeline). Of 28 people with information available, all have been hospitalized. One person got sick during their pregnancy and remained pregnant after recovering. Two deaths have been reported, 1 in Illinois and 1 in New Jersey.

The true number of sick people in this outbreak is likely higher than the number reported, and the outbreak may not be limited to the states with known illnesses. This is because some people recover without medical care and are not tested for Listeria. In addition, recent illnesses may not yet be reported as it usually takes 3 to 4 weeks to determine if a sick person is part of an outbreak.

Public health officials collect many different types of information from sick people, including their age, race, ethnicity, other demographics, and the foods they ate in the month before they got sick. This information provides clues to help investigators identify the source of the outbreak.

The table below has information about sick people in this outbreak (“n” is the number of people with information available for each demographic).

Demographics Information
Table of demographic information (n is the number of people with information available)
Age
(n=27)
Range from 32 to 94 years
Median age of 75
Sex
(n=28)
46% female
54% male
Race
(n=22)
72% White
23% African American/Black
5% Asian
Ethnicity
(n=22)
96% non-Hispanic
4% Hispanic

State and local public health officials are interviewing people about the foods they ate in the month before they got sick. People are reporting eating a variety of meats sliced at deli counters. Of the 18 people able to be interviewed, 16 (89%) reported eating meats sliced at a deli, most commonly deli-sliced turkey, liverwurst, and ham. Meats were sliced at a variety of supermarket and grocery store delis.

CDC conducted an analysis comparing foods reported by people in this outbreak to foods reported by people who got sick with Listeria but were not part of an outbreak. The analysis showed that people in this outbreak were more likely to eat deli-sliced turkey and liverwurst. This information suggests that meats sliced at the deli are a likely source of this outbreak. However, at this time CDC doesn’t have enough information to say which deli meats are the source of this outbreak.

Laboratory and Traceback Data

Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. CDC PulseNet manages a national database of DNA fingerprints of bacteria that cause foodborne illnesses. DNA fingerprinting is performed on bacteria using a method called whole genome sequencing (WGS).
WGS showed that bacteria from sick people’s samples are closely related genetically. This suggests that people in this outbreak may have gotten sick from eating this food.

USDA-FSIS is working to identify the suppliers of deli meats, sliced at deli counters, purchased by people in this outbreak.

Public Health Actions

CDC advises people who are pregnant, aged 65 or older, or have a weakened immune system to contact their healthcare provider if they have any Listeria symptoms.  Additionally, CDC advises people to take steps to protect themselves from getting Listeria from deli meats by avoiding eating meats sliced at the deli unless they are heated before eating.

But where?

This map shows where the 28 people in this Listeria outbreak lived.

When People Got Sick

 

Recent illnesses may not yet be reported as it usually takes 3 to 4 weeks to determine if a sick person is part of an outbreak. The true number of sick people in this outbreak is also likely higher than the number reported. This is because some people recover without medical care and are not tested for Listeria.

What is Listeria?

Listeria monocytogenes is the bacteria responsible for the illness, listeriosis. It causes a serious infection often lined to contaminated foods.

The CDC estimates about 1,600 people become sick with listeriosis each year. About 260 of those die from the illness.

While anyone can become infected with Listeria, most normally healthy people do not become seriously ill. There are certain groups, however, that are more at risk of becoming sick or experiencing more severe illness.

High-risk groups include:

  • Pregnant people and their newborns
  • The elderly aged 65 or older
  • Those with a weakened immune system

Listeria Symptoms

There are two types of Listeria illness symptoms. Those associated with intestinal illness and those associated with more invasive illness.

Intestinal Illness

The most common symptoms of listeriosis involve intestinal illness. This is where the infection affects the digestive system. It often involves vomiting and diarrhea that often begins within 24 hours of consuming contaminated food and lasts around 1 to 3 days.

Most people with this type of listeriosis will not need antibiotic treatment and simply treat symptoms and hydrate until the illness passes. Those in the higher risk groups may need medical treatment and antibiotics to recover.

Intestinal listeriosis may evolve to a more invasive illness.

Invasive Illness

Invasive illness occurs when Listeria bacteria make its way beyond the digestive system and enter other parts of the body. In this case, listeriosis affects pregnant and non-pregnant people differently. In both categories, symptoms often begin about 2 weeks after consuming the contaminated food.

Pregnant People

Pregnant people generally experience milder personal symptoms such as fever, fatigue, and muscle aches. The greater risk is associated with the unborn child. Listeriosis during pregnancy can lead to still birth, premature delivery, miscarriage, or life-threatening infection in the newborn.

Non-pregnant People

People who are not pregnant often experience symptoms such as headache, stiff neck, confusion, loss of balance, and convulsions. Fever and muscle aches are also possible symptoms. This type of illness can be serious and life-threatening. 1 in 20 non-pregnant people with invasive listeriosis will die from their illness.

Most people with invasive listeriosis require medical treatment and often need hospitalization.

Sick? The Lange Law Firm Can Help You!

If you have fallen sick from eating deli meat, you may be eligible for legal compensation.

The Lange Law Firm, PLLC has helped many families with cases just like yours help hold accountable those responsible for foodborne illness. When a company becomes negligent, people become sick.

If you have become sick after eating deli meat, you should get advice. An experienced Listeria lawyer can help navigate you through the legal process.

Call (833) 330-3663 or submit your information on the online submission form for a free consultation.