NEWPORT NEWS, Va. — The family of a Newport News man who died after contracting listeria that was eventually linked to contaminated Boar's Head deli meat is hoping the lawsuit they recently filed will be the fuel for change.
Gunter "Garshon" Morgenstein, 88, died in July from a listeria infection that was determined to have come from eating Boar's Head liverwurst.
On Friday, Morgenstein's family filed a wrongful death lawsuit against Boar's Head. The family's attorney sent News 3's Jay Greene a copy of the civil lawsuit. It was in circuit court in Sarasota, Florida, which is where Boar's Head is headquartered.
The suit says health officials later determined that the liverwurst Morgenstein ate was part of a Boar's Head recall issued by the CDC. According to the CDC, nine other people have died since that recall was issued in July. Fifty-seven people have been hospitalized.
News 3 reached out to Boar's Head and they say the Liverwurst pork produced at their Jarratt, Virginia facility was contaminated.
Gunter was a beloved hair stylist in Newport News and did hair up until he became sick. Morgenstein’s family told News 3 that he ate that frequently, even a few days before he was rushed to the hospital on July 8.
Morgenstein’s son, Garshon, spoke to News 3's Jay Greene about the lawsuit Sunday night.
"It's a little bit of relief, as far as the fact that we're making progress," he said. "I'm trying to be a voice for him, because me and my mom both know that this is something that he definitely would have wanted us to do...wanted to try to fight for him.
According to the lawsuit, the contaminated liverwurst came from a Boar's Head plant in Jarratt, Virginia.
Garshon said he hopes the lawsuit, which seeks up to $75,000 in damages, will inspire some change.
"Some kind of new food safety regulation at a minimum, moving forward," he said. "Some kind of new safety protocols."
Boar's Head said it stopped production at it's Jarratt, Virginia, facility. The company sent the following statement to News 3.
"We deeply regret the impact this recall has had on affected families. No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness.
We are conducting an extensive investigation in partnership with leading food safety experts to determine how our liverwurst produced at our Jarratt, Virginia facility was adulterated and to prevent it from happening again.
As soon as we learned of a possible health risk with our liverwurst, we immediately recalled it and then, out of an abundance of caution, voluntarily expanded our recall to include every product made at the same facility. We have paused production at this facility in Jarratt, Virginia, and will not resume until we are confident that it meets the standards our customers expect and deserve. Consumer health and wellness are, and always have been, our top priorities."
