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Lawsuit: Pregnant woman contracts listeria from Boar's Head meat sold at Florida Publix

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Updated  August 8, 2024 4:09pm EDT
Recalls
FOX 35 Orlando

Boar’s Head recall of deli meat expands

Boar’s Head is recalling an additional 7 million pounds of ready-to-eat products as part of an ongoing investigation into a deadly outbreak of listeria food poisoning, the U.S. Agriculture Department’s Food Safety and Inspection Service (FSIS) said.

COON RAPIDS, Minn. - A pregnant woman who apparently became severely ill after eating Boar's Head sliced turkey and ham she purchased at a Publix in Florida is now suing the deli meat company, alleging that the contaminated products caused her to contract a dangerous listeriosis infection, according to a lawsuit filed in Minnesota on Wednesday. 

The lawsuit from Ashley Solberg of Coons, Minnesota, comes amid a multi-state outbreak of Listeria monocytogenes. Food contaminated with Listeria monocytogenes can cause listeriosis, which the U.S. Department of Agriculture’s Food Safety and Inspection Service said is a serious infection that mainly affects people who are pregnant, over 65 years old or have weakened immune systems. 

Late last month, Boar's Head expanded its initial recall to include 7 million more pounds of deli meats linked to the listeria outbreak to include 71 products made between May 10 and July 29. The recall now includes over 200,000 products that were first recalled on July 26. 

According to the Centers for Disease Control and Prevention (as of Aug. 8):

  • 3 people have died
  • 43 people have reported illnesses
  • 43 people have been hospitalized
  • Outbreaks reported in 13 states (Georgia, Illinois, Indiana, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New York, North Carolina, Pennsylvania, Virginia, Wisconsin)

No illnesses or deaths have been reported in Florida.

OFT Food Safety & Injury Lawyers filed the suit in U.S. District Court for the District of Minnesota on Solberg's behalf on Wednesday. 

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The lawsuit, obtained by FOX 35, said that Solberg was 35 weeks pregnant while on vacation in Hollywood, Florida, when she bought and ate Boar's Head sliced turkey and sliced ham from the Publix located at 1700 Sheridan St. Unbeknownst to her, the deli meat was contaminated with the outbreak strain of Listeria monocytogenes, as confirmed by blood samples during her hospital visit submitted to the Minnesota Department of Health. 

Some of Solberg's reported symptoms included fever, chills, headaches, body aches and diarrhea, according to the lawsuit. 

"Throughout this period, (Solberg) remained gravely concerned about her pregnancy and health of her unborn child," the lawsuit said. "Even today, (Solberg) is concerned about the lasting impact of the infection just before her labor and delivery."

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Brendan Flahery, a partner at OFT Law, said this isn't his first time representing women whose pregnancies were impacted by listeria infections. 

"The impact of this bacteria on parents is devastating and frightening," he said in a statement. "Often the pregnant woman has few, if any, symptoms, even as the bacteria works its way into the amniotic fluid, damaging or destroying the fetus. The human cost of this bacteria is so high that food manufacturers must take every possible measure to seek out and eliminate Listeria in production facilities."

The complaint alleges that the company did not follow proper sanitation practices in its processing facilities and failed to adequately test its products for contamination. The lawsuit seeks a jury trial and damages for the pain and suffering she endured, as well as the ongoing anxiety about the health of her baby.

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FOX 35 has reached out to Boar's Head for comment, but no word back yet.