The family of a Newport News man who died after eating contaminated deli meat in late July is suing the meat manufacturer.
Gunter “Garshon” Morgenstein, 88, bought Boar’s Head liverwurst July 30 from a Newport News Harris Teeter, and consumed some of it over the next several days.
Morgenstein’s son said his father would typically spread the liverwurst over a bagel, just like he did as a boy growing up in Germany in the 1940s.
But a few days later, Morgenstein began to feel weak and short of breath and developed a fever.
“As his condition deteriorated, he began to look increasingly ill, and his family called emergency services,” according to the lawsuit.
An ambulance took him to Riverside Regional Medical Center on July 8. While hospital staff thought Morgenstein would be out within a couple days, he didn’t improve.
“For the first few days the hospital staff was perplexed by his worsening condition,” the lawsuit said.
Hospital staffers took a blood culture July 11. It came back positive for bacterial meningitis, with the presence of listeria monocytogenes. Morgenstein’s red blood cell count kept dropping, and his fever continued unabated, the lawsuit. Though the hospital took “aggressive measures” to save him, he died July 18 at Riverside.
After surviving the Holocaust in Germany, Morgenstein emigrated to Canada in 1954, according to his family’s obituary. He moved to Newport News more than 50 years ago and became a “master hair designer.” He leaves behind a son and two daughters, three grandchildren and two great-grandchildren.
His son, Garshon “Shon” Morganstein, 49, of Virginia Beach, said the family “put two and two together” when they saw news reports about a massive recall involving Boar’s Head meats.
The lawsuit was filed in Sarasota County, Florida — where Boar’s Head Provisions is based — by Ron Simon & Associates, a Texas law firm. It was filed on behalf of Morgenstein’s wife, Margaret “Peggy” Morgenstein, and son.
The complaint doesn’t seek a specific dollar amount, but asks for a jury to determine damages.
According to the lawsuit, the U.S. Food and Drug Administraiton, the Centers for Disease Control and Prevention, the U.S. Department of Agriculture and state regulatory agencies began on July 19 investigating a multi-state listeria outbreak that was resulting in sicknesses and deaths.
Listeria most affects older people and those with weakened immune systems, federal regulators said.
“Food contaminated with Listeria monocytogenes bacteria usually look, smell, and taste normal, meaning that a consumer has no warning of contamination,” the lawsuit added.
Invetigators ultimately traced the illnesses to the Boar’s Head liverwurst “as the likely source.” As part of that investigation, the Maryland Health Department got an unopened meat package from a Baltimore grocery store, with its contents testing positive for listeria monocytogenes.
On July 26, Boar Head Provisions Co., based in Jarrett — about 75 miles west of Norfolk — recalled the Boar’s Head Strassburger Brand Liverwurst, made at the plant between mid-June and mid-July. The meat has a shelf life of 44 days, with “sell by” dates ranging from late July to late August.
The company also recalled ham and bologna products made on the same line, with more than 200,000 pounds of meat ultimately recalled.
According to the lawsuit, 57 people in 18 states have been hospitalized from the liverwurst, with nine people dying from the illnesses. But the true number of victims is likely “much higher,” the lawsuit asserted, in part because some who got sick were able to recover without medical care.
Boar’s Head Provisions Co. has posted an extensive post on its website about the recall.
“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.”
Production has been paused at the Jarratt plant and won’t resume “until we are confident that it meets USDA regulatory standards and Boar’s Head’s highest quality and safety standards,” Boar’s Head added. The company said it’s conducting an extensive examination to determine how the contanination happened to make sure it doesn’t happen again.
So far, the company said, only the liverwurst has been found to have been adulterated. “You have our promise that we will work tirelessly to regain your trust.”
Peter Dujardin, 757-897-2062, pdujardin@dailypress.com
