WILLIAMSBURG, Va. — A Williamsburg woman spent nearly a week in the ICU and had to undergo procedures to save her life after contracting listeria from tainted Boar's Head liverwurst, a $10 million federal lawsuit filed against the brand alleges.
Barbara Schmidt was a regular consumer of Boar's Head liverwurst, but after purchasing it on July 12, the lawsuit states the 76-year-old began to fall ill with symptoms including fever, vomiting, fatigue, headache, chills and confusion. She was hospitalized for three days three days after she fell ill, and less than 24 hours after returning home, her fever spiked to 104, leading her to seek care again on July 20.
This second hospital stay lasted nine days, including six spent in the ICU "undergoing invasive procedures that were necessary to save her life," the suit states. She then went to rehabilitation and was discharged home on Aug. 8 to slowly recover with the help of antibiotic infusions to treat her listeria infection, which was determined by spinal tap, according to the lawsuit.
"There was a great deal of concern that she had suffered brain injury because listeria causes meningitis and causes brain swelling and that's what kills many of these people," Bill Marler, who helped file the lawsuit, said.
Watch previous coverage: Family remembers local Holocaust survivor who died during Boar's Head listeria outbreak
The complaint says Boar's Head food caused Schmidt to incur "substantial" medical bills and that she'll continue to suffer lost wages, significant pain and emotional anguish due to their product. It brings forth claims of negligence, recklessness, failure to warn and other charges.
"She is a genetic match to the outbreak and that was the only liverwurst she's purchased," Marler said. "Liverwurst has tested positive multiple times in this outbreak by the USDA and CDC."
Boar's Head has been embroiled in lawsuits and federal violations since it was linked to a deadly listeria outbreak in late July, when 7 million pounds of ready-to-eat meat and poultry products were recalled after testing confirmed they contained listeria bacteria that was sickening consumers.
Calling it the largest listeriosis outbreak since one in 2011 from cantaloupe, the CDC's latest data shows nine people have died in eight states and 57 people have been infected from 18 states due to the outbreak strain. But the federal body says the true numbers are likely much higher than reported due to some people recovering without medical care or not being tested for listeria.
One of the nine people who died from the listeria outbreak linked to Boar's Head products was 88-year-old Newport News resident Günter "Garshon" Morgenstein.
News 3 recently reported that following Morgenstein's death on July 18, his family filed a wrongful death lawsuit against Boar's Head.
Watch previous coverage: Family of Newport News man who died from listeria hopes Boar's Head lawsuit brings change
The deaths and illnesses have been linked to a Boar's Head deli meat plant in Jarratt, Virginia that recently released records showed was repeatedly noncompliant with federal regulations, with instances of insects, mold, liquid dripping from ceiling and meat and fat residue on equipment and surroundings.
The records did not show any test results that confirmed listeria contamination, but experts said some of the reports showed situations that would have increased the risk of the germ being present.
"They had places where listeria could really populate," Marler said. "They had meat juices on the wall, blood on the wall, old meat on the floor, and condensation from the ceilings."
Watch previous coverage: Issues spotted two years ago at the Boar's Head Plant linked to the deadly listeria outbreak
The CDC describes listeria as a "hardy germ" that can easily spread from surfaces — and to unrecalled products — and cause severe illness when it travels from the gut to other areas of the body. Symptoms, which can take up to 10 weeks to appear, can include fever, muscle aches, tiredness, headache, stiff neck, confusion, loss of balance or seizures.
Marler said he hopes to not only help his client but that this doesn't happen again.
"My hope is that they can clean this plant up and get it back online so the people who work in Jarrett don't lose their jobs but that's on Boar's Head," Marler said.
News 3 reached out to Boar's Head about the lawsuit but have yet to hear back.
Online Boar's Head has released a statement and said it regrets the impact the recall has had on affected families and that production has paused in Jarrett, Virginia.
