https://abcnews.go.com/US/wrongful-death-lawsuit-filed-boars-head-deadly-listeria/story?id=115099951

 

Note: In addition to the video, please see the following article included at the above-referenced internet address:

“Wrongful Death Lawsuit File against Boar’s Head”

According to the article, a wrongful death lawsuit was recently filed against Boar’s Head by the family of a man who reportedly contracted listeria after consuming the company’s deli meats.

As of September 25, at least 59 people have fallen ill across 19 states in the listeria outbreak linked to Boar’s Head products. All 59 people were hospitalized and 10 have died, according to the Centers for Disease Control and Prevention (CDC).

Other wrongful death lawsuits have been filed against Boar’s Head, but this is the first alleging that a death may have come from something other than ready-to-eat liverwurst products, according to the law firm that filed the suit, Morgan & Morgan.

The lawsuit claims Otis Adams Jr., 79, from the Tampa, Florida area, died in early May after eating Boar’s Head ham.

Otis Adams’ wife, Judith, 71, allegedly purchased Boar’s Head Tavern Ham and Boar's Head Yellow American Cheese from a Publix grocery store in Brooksville, Florida, on two separate occasions in April 2024, according to the lawsuit.

In late April, Otis Adams allegedly started experiencing symptoms including fever, fatigue and diarrhea. He suspected he had a routine illness and assumed it would pass, said attorney Harris Yegelwel.

When his symptoms did not improve and instead got worse, Otis Adams went to HCA Florida Oak Hill Hospital, on May 2, where he was diagnosed with listeriosis, the illness caused by listeria, according to the lawsuit.

The lawsuit says Otis Adams’ condition worsened, and he developed meningitis and sepsis. He died on May 5, leaving behind his wife, sister, three sons, seven grandchildren and one great-granddaughter.

Yegelwel said that Otis Adams and Judith Adams were “inseparable.” They were both retired and enjoyed attending church together, the attorney said.

“It’s a sad and compelling story,” Yegelwel said. “This was such a preventable event.”

The true number of sicknesses linked to the outbreak is likely higher than what is reported because some people recover without medical care and are not tested for listeria, the CDC said.

The outbreak was traced back to Boar’s Head brand meats sliced at delis, as well as ready-to-eat liverwurst, that were contaminated with listeria at a plant in Jarratt, Virginia, according to epidemiologic, laboratory and traceback data reported by the CDC.

Boar’s Head apologized in a statement and the Virginia plant linked to the outbreak also recalled approximately 7 million pounds of deli meat and poultry products -- including meat intended for slicing at delis and pre-packaged products -- produced between May 10 and July 29, according to a notice posted on the Department of Agriculture’s Food Safety and Inspection Service (FSIS) website.

“We understand the gravity of this situation and the profound impact it has had on affected families,” the company said in a statement in September. “Comprehensive measures are being implemented to prevent such an incident from ever happening again.”

In August, documents from the FSIS stated that the Virginia meat plant linked to the deadly outbreak had 69 recorded instances of noncompliance over the last 12 months, including findings of mold, insects, blood puddles on the floor, discolored meat and fat buildup on the walls, floors and equipment, and a “rancid smell” coming from a cooler.

The FSIS documents do not mention listeria, but the bacteria can grow in areas that are not properly cleaned and can remain active on surfaces even at refrigerated temperatures.

In September, Boar’s Head announced the plant was indefinitely closing and that it was permanently discontinuing the sale of liverwurst.

“We don’t want anyone else to go through this. We hope that we bring to light the atrocities committed at this Jarratt facility and to hopefully prevent and avoid something like this from happening in the future,” Yegelwel, the family’s attorney, said. “We hope we bring swift justice and a resolution on behalf of Mr. Adams and the family.”

 

Discussion Questions

1. What is the U.S. Department of Agriculture?

The U.S. Department of Agriculture (USDA) is an executive department of the federal government that aims to meet the needs of commercial farming and livestock food production, promotes agricultural trade and production, works to assure food safety, protects natural resources, fosters rural communities, and works to end hunger in the United States and internationally.

According to the USDA’s website (https://www.usda.gov/our-agency/about-usda):

“We provide leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on public policy, the best available science, and effective management.

We have a vision to provide economic opportunity through innovation, helping rural America to thrive; to promote agriculture production that better nourishes Americans while also helping feed others throughout the world; and to preserve our Nation’s natural resources through conservation, restored forests, improved watersheds, and healthy private working lands.

Our strategic goals serve as a roadmap for the Department to help ensure we achieve our mission and implement our vision.”

 

2. What is a wrongful death lawsuit?

A wrongful death lawsuit is a civil claim filed when someone’s death is caused by the negligent, reckless, or intentional actions of another party. Unlike criminal cases, which focus on punishing the wrongdoer, a wrongful death claim seeks to provide compensation to the family for the loss of their loved one.

 

3. In your reasoned opinion, will the wrongful death lawsuit involving the death of Otis Adams, Jr. likely succeed? Why or why not?

This is an opinion question, so student responses may vary. In your author’s opinion, the outcome of this case will depend upon proof of causation; i.e., whether the plaintiff will be able to prove by a preponderance of the evidence that Otis Adam, Jr.’s death was the proximate result of consuming tainted (listeria-infected) Boar’s Head meat.