Third Lawsuit Hits Boar's Head Over Listeria Outbreak, Seeks $48 Million

A third lawsuit has been filed against Boar’s Head in connection with a Listeria outbreak that led to nine deaths, the shutdown of a processing plant, and the discontinuation of one of its popular meat products.

Robert Reposa of Smithfield, Virginia, lodged a $48 million lawsuit against the company in a Virginia federal court on Wednesday. Reposa is seeking $4.6 million in compensatory damages and more than $43.5 million in punitive damages, citing severe illness caused by consuming Boar’s Head products.

Listeria Infection Linked to Boar's Head Products Leads to Lawsuit

Reposa's ordeal began in July when he experienced severe stomach pains, vomiting, fever, chills, and other symptoms. Initially visiting an urgent care facility, he was sent home without a diagnosis. When his condition worsened, he sought further medical attention at Sentara Norfolk General Hospital, eventually being transferred to Sentara Heart Hospital, where he was treated for 14 days.

During his hospitalization, it was determined that Reposa had been exposed to Listeria, a life-threatening infection, particularly dangerous due to his pre-existing heart conditions.

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The lawsuit details that Reposa first purchased the contaminated Boar’s Head product in late July, unaware of an ongoing FDA investigation into a Listeria outbreak affecting 18 states. The lawsuit claims that Boar’s Head neglected to take necessary precautions to prevent the outbreak and failed to provide adequate warnings about the dangers associated with its products.

According to Reposa's allegations, Boar’s Head was aware of unsanitary conditions at their Jarratt, Virginia plant but did not implement safe food preparation practices.

"As a result of [Reposa’s] injuries, he has incurred substantial medical bills, suffered great pain, mental anguish, and inconvenience, has been unable to carry on his normal day-to-day affairs or work," the complaint states.

Boar's Head Plant Closure and Recall Follow Listeria Outbreak

In response to the outbreak, Boar’s Head recently announced the closure of its Jarratt, Virginia processing plant, which the company identified as the source of the Listeria contamination. Additionally, the company ceased production of its liverwurst product, which was linked to the outbreak. Over 7 million pounds of deli meat across 10 product lines were recalled. Following this recall, it was revealed that the Jarratt facility had been cited multiple times by the U.S. Department of Agriculture for food safety violations.

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The lawsuit filed by Reposa is not the only legal challenge Boar’s Head is facing. Two other lawsuits have been filed, with one potentially evolving into a class action. The class action lawsuit, filed on August 1, accuses Boar’s Head of misleading labeling and marketing practices, failing to disclose the full extent of the Listeria contamination risk. Another lawsuit was filed by a Missouri couple, alleging that Boar’s Head sold contaminated deli meats, which led to Sue Fleming becoming "deathly ill."

Case Details

• Lawsuit: Robert Reposa v. Boar’s Head Provisions Co., Inc.
• Case Number: 2:24-cv-00554-EWH-RJK
• Court: U.S. District Court for the Eastern District of Virginia, Norfolk Division

Plaintiffs' Attorneys

• Robert J. Haddad (Ruloff, Swain, Haddad, Morecock, Tablet & Woodward, P.C.)   

If you or a loved one have experienced symptoms or an illness you believe may be linked to the Boar’s Head listeria recall, seeking a case review can help clarify your options and may lead to rightful compensation.

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