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Boar’s Head, Publix Sued After Listeria-Related Death

In a troubling development for the food industry, a wrongful death lawsuit has been filed against Boar’s Head Provisions Co. Inc. and Publix Super Markets following the death of a Florida man allegedly linked to their products. Otis Adams, Jr., a 79-year-old resident of Brooksville, Fla., passed away in May 2024 after consuming Boar’s Head Tavern Ham and Yellow American Cheese purchased from a local Publix. The lawsuit, brought forth by the Morgan & Morgan law firm, claims that Adams contracted listeriosis, a serious infection caused by eating food contaminated with listeria, which escalated into meningitis and sepsis.

The timeline of events surrounding Adams’ illness reveals a grave situation. According to the lawsuit, Adams began feeling unwell in late April and was subsequently diagnosed with listeriosis shortly after. Adams’ wife is reported to have purchased the implicated products from Publix on two separate occasions in April, leading to the assertion that their consumption was directly responsible for Adams’ deteriorating health.

Morgan & Morgan attorneys emphasized the tragedy of Adams’ passing, stating, “Mr. Adams, a man of faith and a deeply caring and supportive husband, was taken away from his wife and family too early. We allege that his painful, untimely death was completely preventable.” This sentiment encapsulates the heart-wrenching nature of this case, as the family seeks justice not just for their loss but also to prevent similar occurrences in the future.

As details emerged, the lawsuit gained attention as being the first to assert that a listeria infection was contracted from products other than liverwurst, which had previously been linked to a broader listeria outbreak. This broader outbreak, which surfaced in late July, forced Boar’s Head to recall its liverwurst products after the U.S. Department of Agriculture (USDA) identified its Strassburger Brand Liverwurst as a contributor to the national outbreak.

Inspections of the Boar’s Head facility in Jarratt, Virginia, revealed alarming health violations. USDA officials reported “heavy discolored meat build up” on hydraulic equipment, flies in pickle vats, and an alarming “steady line of ants” in production areas. In total, the USDA documented 69 instances of noncompliance with food safety regulations from January through August before ultimately shutting down the plant, which is linked to multiple listeria cases resulting in at least nine deaths and numerous hospitalizations across 18 states.

This incident raises critical questions about food safety practices within the retail and food production sectors. Following the outbreak, Boar’s Head made commitments to enhance its food safety protocols. The company announced the formation of an advisory food safety council, appointing former FDA Deputy Commissioner Frank Yiannas as their chief food safety advisor. In a public statement, Boar’s Head expressed, “We are continuing to take actions to ensure that we are operating in the safest manner possible across our network of facilities.” This commitment underscores the necessity for food manufacturers and retailers to uphold rigorous safety standards to protect consumer health.

For the retail and food industry at large, the implications of these events cannot be understated. The case accentuates the pressing need for strict compliance with food safety regulations and a proactive approach to prevent product contamination. Companies must vigorously audit their supply chains and facilities, employing both internal and external resources to ensure their operations meet the highest safety standards.

Furthermore, the legal ramifications of this case may reverberate throughout the industry, prompting further scrutiny on food safety practices. As consumers become more aware and concerned about issues such as product recalls and contamination, both retailers and producers must work diligently to regain trust. Transparency in operations and accountability for their practices will be paramount in maintaining brand loyalty.

In summary, the lawsuit against Boar’s Head and Publix serves as a stark reminder of the critical importance of food safety in the consumer market. With lives at stake, the food industry must prioritize health and safety above all else, ensuring that no family has to endure the pain of preventable losses in the future.