Medical Malpractice Claims

Boar's Head Listeria: Your Legal Rights

Published February 5, 202611 min readBy Michael A. Licatesi

Foodborne illness claims require medical proof, product identification, purchase records, recall evidence, and a careful timeline connecting exposure to illness.

About this article

Licatesi Law Group, LLP publishes these articles to help readers understand common injury, insurance, and litigation issues in New York and New Jersey. This information is not legal advice. If you have a potential claim, speak with an attorney about the facts of your case.

Key points

What to know before you act

Boar's Head Listeria: Your Legal Rights is not just about a bad outcome. The important question is whether the provider departed from accepted medical practice and caused measurable harm.

Start here

Request the full chart, test results, imaging, discharge paperwork, and referral notes.
Write down the timeline of symptoms, visits, calls, diagnoses, and follow-up instructions.
Track every provider involved, including hospitals, clinics, specialists, and labs.

Medical records that matter

Hospital and office records
Imaging, labs, pathology, and medication lists
Discharge instructions and referral notes
Follow-up treatment and second-opinion records

Deadline note

Medical malpractice deadlines are often shorter and more technical than ordinary injury claims.

When to call

Have the timeline reviewed before records become harder to obtain or interpret.

Deadly Listeria Outbreak Linked to Boar's Head Deli Meats

In July and August 2024, a deadly listeria outbreak linked to Boar's Head deli meats resulted in 10 deaths and 59 hospitalizations across 19 states, making it one of the largest and deadliest foodborne illness outbreaks in recent U.S. history. The outbreak prompted a massive recall of over 7 million pounds of ready-to-eat meat products.

If you or a loved one became ill after consuming Boar's Head products, you may be entitled to significant compensation for medical expenses, lost wages, pain and suffering, and in cases of death, wrongful death damages.

At Licatesi Law Group, we represent victims of foodborne illness outbreaks in product liability claims against negligent food manufacturers. This comprehensive guide explains the Boar's Head listeria outbreak, symptoms, legal rights, and how to pursue compensation.

June-July 2024: First Illnesses Reported

The CDC began investigating a cluster of listeria infections across multiple states, with illness onset dates ranging from late May through July 2024.

July 25, 2024: Initial Recall Announced

Boar's Head recalled approximately 207,000 pounds of liverwurst and other deli meat products produced at its Jarratt, Virginia facility. Products bore establishment number "EST. 12612" or "P-12612" inside the USDA mark of inspection.

July 30, 2024: Expanded Recall

Boar's Head expanded the recall to include approximately 7 million additional pounds of ready-to-eat meat and poultry products produced between May 10 and July 29, 2024. The recall encompassed 71 products sold under the Boar's Head and Old Country brand names.

August-September 2024: Outbreak Grows

The CDC reported increasing numbers of confirmed cases, hospitalizations, and deaths linked to the outbreak. Final counts: 59 hospitalizations, 10 deaths across 19 states.

September 2024: Facility Closure

Boar's Head permanently closed its Jarratt, Virginia production facility following USDA inspection reports documenting extensive sanitation failures, including mold, mildew, dripping water, and insect infestations.

What is Listeria and Why is it Dangerous?

Listeria monocytogenes is a bacterium that causes listeriosis, a serious infection primarily affecting pregnant women, newborns, older adults, and people with weakened immune systems.

How Listeria Spreads

Listeria is found in soil, water, and animal feces. It can contaminate food processing facilities and survive refrigeration temperatures, making it particularly dangerous in ready-to-eat refrigerated foods like deli meats.

Expanded guide

A deeper look at this claim

Foodborne illness claims require medical proof, product identification, purchase records, recall evidence, and a careful timeline connecting exposure to illness.

Foodborne illness records to preserve

Medical testing, diagnosis, hospitalization, and treatment records
Receipts, packaging, photos, lot codes, or store information
Recall notices, public-health updates, and product details
A food timeline showing when and where the product was purchased and eaten

How listeria outbreak injury claims are evaluated

Foodborne illness cases can involve manufacturers, distributors, stores, restaurants, or other companies in the chain of sale. The key is tying the illness to a specific product and exposure window.

The practical question is not only whether someone was hurt. A strong claim connects the unsafe act or condition to a specific legal duty, the injury that followed, and records that show the harm was not minor or unrelated.

Evidence that can make or break the case

Medical documentation and product proof are both important. Without testing, receipts, packaging, or credible exposure evidence, it can be harder to connect the illness to the recalled food.

Useful proof is often ordinary: photos, reports, witness names, treatment records, messages, receipts, and insurance paperwork. The value comes from collecting it early, keeping it organized, and matching each record to the disputed issue.

Medical testing, diagnosis, hospitalization, and treatment records
Receipts, packaging, photos, lot codes, or store information
Recall notices, public-health updates, and product details
A food timeline showing when and where the product was purchased and eaten

Deadlines, insurers, and next steps

Product packaging can be discarded and public-health information can change as an outbreak investigation develops. Preserve records and avoid assuming eligibility without a fact-specific review.

Before giving recorded statements, signing releases, or assuming the first insurance response is final, injured people should understand which claim path applies and what proof still needs to be preserved.

Frequently Asked Questions

When should I speak with a lawyer about a listeria or foodborne illness claim?

You should speak with a lawyer when the injury is serious, medical treatment is ongoing, fault is disputed, an insurer is asking for a statement, or a public entity, employer, contractor, landlord, medical provider, or product company may be involved.

What records matter most for a listeria or foodborne illness claim?

The most useful records are the ones that prove timing, notice, cause, and damages: incident reports, photos or video, witness names, medical records, bills, missed-work proof, insurance letters, and written communications with the responsible party.

Can I still have a claim if I am partly blamed?

Possibly. New York personal injury cases can involve comparative fault, which means fault may be divided between different people or companies. Clear evidence helps prevent an insurer from overstating the injured person’s share of responsibility.

Why is early investigation important?

Conditions change, cameras overwrite footage, witnesses move on, vehicles are repaired, and businesses or agencies may not keep records forever. Early investigation helps preserve proof before it disappears.

What does Licatesi Law Group review during a consultation?

The firm reviews what happened, who may be legally responsible, the available insurance or claim path, medical treatment, deadlines, and the records needed to prove the case. The goal is to identify the next practical step, not to promise a result.

Talk to a New York injury lawyer

Questions after reading this?

Licatesi Law Group, LLP offers free consultations for injury victims and families. Tell us what happened and we can explain the next legal steps.

Request a Free Consultation Call (516) 227-2662