September 13, 2024
Posted by: OFT Food Safety & Injury Lawyers
OFT’s Listeria Lawyers obtained the USDA’s Notice of Suspension which was issued to the Boar’s Head Jarrett, Virginia processing plant on July 31, 2024. The scathing report details a shocking pattern of food safety violations culminating in a positive Listeria monocytogenes sample on a Pallet Jack being used during the production of Boar’s Head Beechwood Ham.
Significantly, this positive sample was from an area of the plant containing finished, ready-to-eat products. Based on this positive sample in this location, USDA-FSIS concluded that Boar’s Head had “inadequate controls to prevent [Listeria’s] spread throughout the RTE post lethality processing environment.”
According to OFT partner Brendan Flaherty who represents many of the outbreak victims, the positive test proves that Boar’s Head food safety systems were grossly deficient. “This is ready-to-eat food production 101,” Flaherty said. “Your whole food safety program should prevent exactly what happened here: pathogenic contamination of the ready-to-eat, post-kill step side of your operation.” The presence of the bacteria in that area of the facility is also evidence that the bacteria contaminated multiple products over time, suggesting a much broader problem than originally reported.
Flaherty said that his firm is seeking full disclosure of all test results going back years before the 2024 outbreak. “The single Listeria monocytogenes positive test reported by USDA is just the tip of the iceberg,” Flaherty said. “USDA reported the Listeria monocytogenes positive after its intensive testing but we do not know what the company’s own testing showed before the outbreak. We intend to find out.”
Flaherty explained that responsible food manufacturers perform routine Listeria species testing as part of their food safety program but that these positive results are not necessarily reported to USDA. “If Boar’s Head knew it had a Listeria problem before this outbreak, I believe we will recover hundreds of millions in punitive damages, and they should call a criminal lawyer,” Flaherty said.
The full Notice of Suspension is here.
OFT Law will post additional regulatory documents as they become available.
Listeria is commonly found in deli meats, unpasteurized dairy, soft cheeses, and prepackaged, ready-to-eat foods.
Those at higher risk include pregnant women, newborns, older adults, and people with weakened immune systems.
Symptoms can show up anywhere from a week to 70 days after consuming contaminated food.
Mild cases usually don’t need medical attention, but antibiotics are required for more serious infections, especially in pregnant women.
Keep kitchens clean, store food at safe temperatures, cook meats thoroughly, and avoid unpasteurized products to reduce the risk.
Don’t wait until it is too late to discuss your rights after a Listeria outbreak. You deserve to know the facts, who is responsible, and your options regarding compensation. With decades of experience in the food safety field and millions of dollars recovered, our OFT Food Safety & Injury Lawyers have the skill and resources to handle any foodborne illness case.
Call 888.828.7087 today or contact us online. We handle food injury cases across the nation, offer 100% free, initial consultations, and there are never any fees unless you recover compensation.
