Boar's Head listeria outbreak timeline: When it started, deaths, lawsuits, factory closure
The deadly multi-state listeria outbreak attributed to Boar's Head deli meat has officially been declared "over" by the U.S. Centers for Disease Control.
The agency issued its final update on the case on Thursday, saying a total of 61 people across 19 states became ill in the outbreak, resulting in 60 hospitalizations and 10 deaths.
While the outbreak is considered "over," the U.S. Department of Agriculture (USDA) investigation and several lawsuits lodged against the company are still underway.
Democratic Connecticut Sen. Richard Blumenthal previously confirmed that UDSA Inspector General Phyllis Fong was opening an investigation into how the agency handled the reports of "noncompliances" filed by inspectors with the USDA's Food Safety and Inspection Service (FSIS) in the months prior to the listeria outbreak.
The news of an investigation came two weeks after Boar's Head announced the permanent closure of its Jarratt, Virginia plant, identified as the source of the issue. The closure put around 500 people out of work.
The deadly outbreak was first reported on July 19 by the CDC and was followed by a recall of roughly 7.2 million pounds of product by Boar's Head.
As the ongoing saga continues, here is a timeline of the deadly outbreak.
The human toll: His dad died from listeria tied to Boar’s Head meat. He needed to share his story.
July 19: CDC announces listeria outbreak
The CDC announced that public health officials in several states were working with the CDC to track and collect data and samples in a multistate outbreak of Listeria monocytogenes infections, or listeriosis. The agency the CDC reported 28 cases of illness across 12 states, including one death each in Illinois and New Jersey, and one sick pregnant person.
Initially, the agency said the outbreak appeared to be associated with meats sliced at deli counters but did not have further information on the source.
July 26: Boar's Head announces liverwurst recall; CDC update
Boar's Head Provisions Co., Inc. issued a recall for more than 207,528 pounds of product, including all of its liverwurst products, due to potential listeria contamination.
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 were labeled with the establishment number “EST. 12612."
Boar's Head recalled additional deli meat products that were produced on the same line and on the same day as the liverwurst, including ready-to-eat deli meat with establishment number “EST. 12612.” produced on June 27, 20424.
The same day, the CDC released updated information, reporting 34 illnesses linked to the outbreak across 13 states, including 33 hospitalizations and two deaths.
July 26: First lawsuit filed
A Missouri couple, represented by Law firm OFT Food Safety & Injury Lawyers, filed a lawsuit in St. Louis Circuit Court against Boar's Head Provisions, Co., Inc. and Schnucks Markets, Inc.
The complaint said that Patrick and Sue Fleming bought Boar's Head liverwurst from their local Schnucks grocery store in June, resulting in a "life-threatening listeria infection" for Sue Fleming, 88.
The lawsuit said that Fleming spent nine days in the hospital receiving “intensive treatment” before being transferred to a rehabilitation center, where she spent another 11 days. Court documents said the couple suffered damages tied to the cost of medical treatment and other hardships, and accused the companies of negligence.
July 30: Boar's Head expands recall
Boar's Head expanded its recall to all products produced at the Jarratt, Virginia plant where the contaminated liverwurst originated.
The expanded recall added 7 million pounds of meat and poultry products ranging from beef, bologna, ham, liverwurst and salami, among others. Now totaling 71 Boar’s Head and Old Country products made between May 10 and July 29, the recall swelled to cover about 7.2 million pounds.
July 31: CDC update
CDC issued an update along with the Boar's Head recall, still reporting 43 illnesses including one death.
August 1: Class action lawsuit filed in New York
A potential class action lawsuit against Boar’s Head Provisions was filed in federal court in New York, accusing the company of “improperly, deceptively, and misleadingly labeled and marketed its products,” by failing the full extent of possible contamination by Listeria monocytogenes.
Rita Torres alleged n the lawsuit that she and other “reasonable customers” would not have purchased Boar's Head liverwurst and other products had the company properly warned consumers about possible bacterial contamination. The suit called the initial July 26 recall insufficient and “deliberately designed to preclude the vast majority of customers from receiving a recall.”
August 7: Pregnant victim files lawsuit
A pregnant woman from Minnesota "who nearly lost her unborn child" filed a lawsuit against Boar's Head after she was infected by listeria from eating the company's deli meat sold at a Florida Publix, said OFT Food Safety & Injury Lawyers.
The woman's lawyers say she was 36 weeks pregnant when she was sickened with contaminated meat, became severely ill and was hospitalized for six days.
In an updated statement at the time, Boar's Head said they "deeply regret" the contamination.
"No words can fully express our sympathies and the sincere and deep hurt we feel for the families that have suffered losses and others who endured illness," the company said.
August 8: CDC increases number of dead and sick
The CDC released an update on the investigation, reporting 43 people infected and hospitalized across 13 states, including three total deaths in Illinois, New Jersey and Virginia.
The CDC also confirmed the epidemiology of the outbreak and tied it to Boar's Head liverwurst.
August 20: Most recent CDC update
Just 12 days later, new numbers from the CDC reflected six more deaths and 14 new hospitalizations across 18 total states. This brought the number of deaths up to a total of nine, and illnesses and hospitalizations up to 57.
Of the six new deaths, one occurred in Florida, one in Tennessee, one in New Mexico, one in New York and two in South Carolina. Infections also appeared in five additional states since the early August update, including Florida, Arizona, New Mexico, South Carolina and Tennessee.
These are the latest numbers the CDC has provided in the investigation.
August 29: Boar's Head inspection records are released
Copies of reports filed between 2023 and 2024 by inspectors with the USDA's Food Safety and Inspection Service (FSIS) were obtained by USA TODAY through a Freedom of Information Act request.
The records showed 69 reports of "noncompliance" at the Jarratt, Virginia plant, including reports of insects live and dead, black and green mold, mildew, dripping and standing water, and other unsanitary conditions within the plant in the weeks leading up to the July recall.
Later more FSIS records were released dating back to January 2022, including reports of leaks and condensation dripping over areas with product, "sludge," "black smudges," "slimy" materials and other residues found on machines and in several rooms across the facility, "putrid," "off" odors, "thick and flaking rust" in several locations, including above production lines. Dirt, screws and trash were seen strewn on the floor of production areas.
August 30: First wrongful death lawsuit filed
The first wrongful death lawsuit was filed against Boar's Head on behalf of the family of an 88-year-old Virginia grandfather, master hairstylist and Holocaust survivor who died after eating contaminated liverwurst.
Filed in Sarasota, Florida, the suit explained that Morgenstein purchased later-recalled Boar's Head liverwurst on June 30, 2024, from his local Harris Teeter store and became ill after consuming it.
He was hospitalized on July 8 and was later found to be suffering from sepsis and listeriosis that was later traced by to Boar's Head meat by the CDC. Despite "aggressive measures," he died on July 18 surrounded by his wife of 50 years and his son Garshon, who USA TODAY previously spoke to about his father's life and legacy.
Boar's Head issued the following response to USA TODAY: "We deeply regret the impact this recall has had on affected families. No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness.
September 6: Multi-million dollar lawsuit hits Boar's Head
A new multi-million dollar lawsuit is filed by food safety attorney Bill Marler on behalf of Virginia resident Barbara Schmidt.
The suit alleged that Schmidt consumed Boar's Head liverwurst and subsequently became so ill, that she was admitted to the hospital and spent weeks there, including at least six days in the intensive care unit undergoing "invasive procedures that were necessary to save her life," and then rehab for roughly 10 days.
Public health officials determined that Schmidt had not only suffered a listeria infection but it was caused by the Boar's Head outbreak, court documents said. Accusing Boar's Head of multiple counts of negligence, fraudulent concealment and breach of the Virginia Consumer Protection Act, the lawsuit sought $1 million in compensatory damages, as well as $10 million in punitive damages.
September 13: Boar's Head announces closure of Jarratt, Virginia plant
Boar's Head announced the Jarratt, Virginia Boar's Head plant linked to the ongoing outbreak was closing permanently.
About 500 union workers will be impacted by the closing, United Food and Commercial Workers Local 400 Union spokesman Jonathan Williams told USA TODAY. Additional employees in management were likely affected, too, but he was unsure how many were impacted, he said.
"Given the seriousness of the outbreak, and the fact that it originated at Jarratt, we have made the difficult decision to indefinitely close this location, which has not been operational since late July 2024," Boar's Head said in an email statement.
The company also said it would be permanently discontinuing its liverwurst products after investigations found the root cause of the contamination only existed at the Jarratt facility in the production of liverwurst.
September 27: Denial of Boar's Head listeria records raises questions
USA TODAY became aware of the legal investigation when FSIS denied multiple records requests related to the outbreak, citing an exemption that protects from the disclosure of “records or information compiled for law enforcement purposes."
Under this exemption, records and information can be withheld if they are compiled for law enforcement purposes and if their release could "reasonably be expected to interfere with enforcement proceedings," said the denial letter.
"In my 31 years of dealing with (U.S. Food Safety and Inspection Service), I've never gotten a response like this," said food safety attorney Bill Marler, who previously called for a congressional hearing into the situation. The investigation could be looking into the conduct of the USDA's Food Safety and Inspection Service (FSIS) inspectors, in addition to Boar's Head, he said.
FSIS withheld nearly 400 pages of documents requested by USA TODAY, saying the premature release of included information could interfere with enforcement proceedings and "hinder the government’s ability to further control and shape the investigation."
Oct. 15: Officials confirm an investigation is underway
Sen. Richard Blumenthal, a Connecticut Democrat, later confirmed in an Oct. 15 news release that UDSA Inspector General Phyllis Fong is opening an investigation into how the agency handled the reports of "noncompliances" filed by inspectors with the USDA's Food Safety and Inspection Service (FSIS) in the months prior to the listeria outbreak.
Blumenthal and Rep. Rosa DeLauro, also a Connecticut Democrat, called on the USDA and Justice Department in September to strengthen USDA's listeria prevention protocols and to consider criminal charges against Boar's Head.
“USDA took virtually no action – allowing Boar’s Head to continue business as usual at its chronically unsanitary Virginia plant – despite finding repeated serious violations," Blumenthal said in a statement. "The Virginia plant should have been shut down years ago before people got sick or died from Listeria. The IG (Inspector General) investigation is a vital first step to assure accountability and prevent such deadly mistakes from happening again.”
Nov. 15: Boar's Head settles class action suit
The class action lawsuit filed by Rita Torres on behalf of multiple consumers was settled in November, according to court documents.
In documents filed Nov. 15, the attorneys representing consumers in this and four other related cases wrote to the court saying that a settlement had been reached between Boar's Head and the complaining parties. The terms of the settlement were not disclosed and the parties requested 60 days to finalize the details.
Nov. 21: The CDC declares the outbreak officially over
The CDC officially declared the "over" on Nov. 21.
In the agency's final update on the case, it said a total of 61 people across 19 states became ill in the outbreak, resulting in 60 hospitalizations and 10 deaths.
By Nov. 21, all of the products that were part of the outbreak were now past their shelf life, meaning they were unlikely to still be in consumers' fridges, and listeria outbreaks are generally considered "over" 60 days after the last reported illness, said the CDC.
People who are pregnant, aged 65 or older, or have a weakened immune system should still avoid deli meat or reheat it to an internal temperature of 165 degrees Fahrenheit, or until steaming hot to kill any germs, the agency said.
This article originally appeared on USA TODAY: Boar's Head listeria outbreak timeline: Deaths, factory closure and more