NEWPORT NEWS, Va. — The family of a Newport News man who died after eating deli meat from Boar's Head has filed a wrongful death lawsuit, a law firm announced Saturday.
88-year-old Gunter Garshon Morgenstein died on July 18 from a listeria infection traced to Boar's Head liverwurst. The Centers for Disease Control and Prevention said at least nine people have died since Boar's Head issued a recall in July.
The law firm Ron Simon & Associates, along with Kelly/Uustal, PLC, said they are representing the Morgenstein family in what they say is the first wrongful death lawsuit against Boar's Head for the listeria outbreak. The lawsuit was filed in Sarasota, Florida, where Boar's Head is headquartered.
"We're all still in shock, for all of the things you know that he's seen and been through in its life to come to that, you know, lunch meat," his son, Garshon Morgenstein, previously told 13News Now.
Garshon said his father grew up in Germany and is a Holocaust survivor. He said his father's parents would hide him in the floorboards of their home until they were able to escape Germany and move to America years later.
Garshon said his father enjoyed eating the familiar food.
"He always ate lunch meat, always Boar's Head -- and me too -- for a good majority of my life. I don't eat liverwurst, but that was something that he ate and those types of things cause he was European. But we're all still in shock," Garshon said.
Listeria infections are caused by a hardy type of bacteria that can survive and even thrive during refrigeration. An estimated 1,600 people get listeria food poisoning each year and about 260 die, according to the CDC. Infections can be hard to pinpoint because symptoms may occur quickly... or up to 10 weeks after eating contaminated food.
The infections are especially dangerous for older people, those who are pregnant, or those with weakened immune systems.
The problem was discovered when a Boar's Head liverwurst sample collected by health officials in Maryland tested positive for listeria. Further testing showed that the type of bacteria was the same strain causing illnesses in people.
Boar's Head officials originally recalled liverwurst and other products meant to be sliced in retail delis with sell-by dates from July 25 to Aug. 30. On July 29, the recall was expanded to include all foods produced at the firm's plant in Jarratt, Virginia. The products included those sliced at deli counters as well as some prepackaged retail sausage, frankfurters, and bacon.
All of the recalled deli meats have been removed from stores and are no longer available, Boar's Head officials said on the company's website. The products were distributed to stores nationwide, as well as to the Cayman Islands, the Dominican Republic, Mexico, and Panama, U.S. Agriculture Department officials said.
CDC officials urged consumers to check their refrigerators for the recalled products. Look for EST. 12612 or P-12612 inside the USDA mark of inspection on the product labels, some of which have sell-by dates that extend into October. Discard recalled foods and thoroughly clean and sanitize refrigerator and other surfaces they touched.
RELATED: Boar's Head plant linked to deadly outbreak broke food safety rules dozens of times, records show
In a statement announcing the lawsuit, attorney Ron Simon said, "Gunter was a very active and vibrant personality and was still working right up until his illness. He should not have died from eating a sandwich. Our thoughts and prayers go out to all of the victims affected by this completely avoidable travesty. Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses. We will find out exactly how this happened and will force Boar's Head to make sure it does not happen again."
The Associated Press contributed to this report.
