First wrongful death lawsuit in Boar's Head listeria outbreak

(JTA) — The family of an 88-year-old Holocaust survivor in Virginia has sued Boar’s Head, claiming that listeria from the meat company’s products is responsible for his death.

The filing is the first wrongful death lawsuit to stem from the Boar’s Head listeria outbreak. So far, more than 50 people have fallen ill in connection with the outbreak and nine have died, including Günter “Garshon” Morgenstein, who survived the Holocaust as a child.

“We’re all still in shock, for all of the things you know that he’s seen and been through in his life to come to that, you know, lunch meat,” his son, Garshon “Shon” Morgenstein, told a local news station.

Morgenstein was born in 1936 in Cottbus, Germany, southeast of Berlin, and survived the Holocaust by hiding under the floorboards of his home during the Holocaust, according to his son.

In 1954, Morgenstein fled East Berlin with few possessions and headed to the United States, according to USA Today. He became a “master hair designer” and was well known in the Newport News, Virginia community. He met his wife, Peggy, in a salon, and his clients included Johnny Mathis and Muhammad Ali. He was still working until he fell ill.

Morgenstein died on July 18 after being diagnosed with listeria and meningitis. Prior to his illness, he had purchased a Boar’s Head liverwurst sandwich from a grocery store. According to his son, Morgenstein enjoyed eating lunch meats, and was a fan of Boar’s Head in particular.

“Günter was a very active and vibrant personality and was still working right up until his illness,” Ron Simon, the attorney representing Morgenstein’s family, said in a statement. “He should not have died from eating a sandwich.”

The wrongful death lawsuit was filed in Sarasota, Florida, where Boar’s Head is headquartered.

On July 26, Boar’s Head issued a recall of millions of pounds of its products after the spread of listeria was traced to one of its plants in Virginia. The wrongful death lawsuit was filed in Sarasota, Florida, where Boar’s Head is headquartered.

In a statement, the company said it was investigating how its liverwurst became “adulterated.” It has temporarily closed the plant in question.

“We deeply regret the impact this recall has had on affected families,” the statement said. “No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness.”

Morgenstein is survived by his son, two daughters, and wife Peggy.