NEWPORT NEWS, Va. — A national food safety law firm, Ron Simon & Associates, settled the first wrongful death lawsuit with Boar's Head in connection to products contaminated with listeria.
Gunter Morgenstein, an 88-year-old hair stylist in Newport News, was the first man in Virginia to die after eating Boar's Head deli meat. Following his death, the Morgenstein family filed the lawsuit on Aug. 30.
Watch previous coverage: Family of NN man who died from listeria hopes Boar's Head lawsuit brings change
"He was complaining to my mom early in the morning that he was having trouble breathing. They started doing testing because they couldn’t figure out what was wrong with him. Then it came back as listeria," Shon Morgenstein, Gunter's son, told News 3 back in July.
The contaminated products were linked to Boar's Head's Jarratt facility, which was permanently shut down in September. Records obtained by the Associated Press showed the facility violated federal regulations, including presence of mold, insects, liquid dripping from ceilings, and meat and fat residue on walls, floors and equipment.
Watch previous coverage: Boar's Head to close Virginia plant indefinitely, discontinue liverwurst permanently
"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. It pains us to impact the livelihoods of hundreds of hard-working employees. We do not take lightly our responsibility as one of the area’s largest employers. But, under these circumstances, we feel that a plant closure is the most prudent course. We will work to assist each of our employees in the transition process," the statement from Boar's Head in September read.
The settlement, which is confidential, highlighted the importance of food safety advocacy and corporate accountability.
Watch previous coverage: Family mourns Holocaust survivor who died from listeria linked to Boar’s Head
According to the CDC, 10 people died and 61 people were infected from the Listeria outbreak.
“Gunter did not die in vain. As a result of this terrible tragedy, and the efforts of Ron Simon and his team, Boar's Head has committed itself to making their food processes safer for everyone. This is something Gunter would have wanted," said Peggy Morgenstein, Gunter's wife in a statement.
