Boar’s Head facing $48M lawsuit due to Listeria outbreak

A third lawsuit has surfaced involving Boar’s Head and the Listeria outbreak which resulted in nine deaths and led to the company shutting down a processing plant and discontinuing one of its meat products.

Robert Reposa from Smithfield, Va., is seeking a total of $48 million in damages —$4.6 million in compensatory damages and over $43.5 million in punitive damages after he became “frighteningly ill” due to consuming Boar’s Head meat products, the lawsuit states.

In July, Reposa first went to an urgent care facility complaining of severe stomach pains, vomiting, fever, chills, and other symptoms. He was sent home and when his health failed to improve, he went to Virginia’s Sentara Norfolk General Hospital and was later transferred to a separate hospital where he was treated for 14 days.

In the lawsuit, Reposa said that previous heart issues complicated his treatment, leading to permanent damage. 

Reposa first purchased the Boar’s Head product that made him ill in late July, shortly after the FDA launched an investigation into the Listeria outbreak covering 18 states. Reposa claims he did not know about the product recall at the time.

The lawsuit states that Boar’s Head failed to take the necessary precautions to prevent the Listeria outbreak and did not give adequate warnings of the possible dangers of its products. According to the lawsuit, the company knew of the unsanitary conditions at the Jarratt plant and did not maintain safe practices in preparing products.

“As a result of [Reposa’s] injuries, he has incurred substantial medical bills, suffered great pain, mental anguish, and inconvenience, has been unable to carry on his normal day-to-day affairs or work,” the lawsuit stated.

Last week, Boar’s Head announced it closed a plant in Jarratt, Va., which it claims was the origin of the Listeria outbreak. The company also said it would no longer produce its liverwurst product which was one of the main products that caused the outbreak.

Over 7 million pounds of deli meat across 10 products were recalled, and it was later discovered that the Virginia facility was cited several times by the U.S. Department of Agriculture for food safety violations.

Two other lawsuits have been filed because of the Listeria contamination.

A separate lawsuit filed on Aug. 1 could turn into a class action. That suit accuses Boar’s Head of improperly, deceptively, and misleadingly labeling and marketing its products by failing to communicate the full extent of the possible Listeria contamination.

The other lawsuit was filed by a Missouri couple claiming Boar’s Head sold the deli meats that caused Sue Fleming to become “deathly ill.”