Family of Holocaust survivor files first wrongful death lawsuit in Boar’s Head listeria outbreak

Jackie Hajdenberg, JTA

Published September 4, 2024

The family of an 88-year-old Holocaust survivor in Virginia has filed a lawsuit against Boar’s Head, claiming that listeria from the company’s products caused his death.

The lawsuit marks the first wrongful death case related to the Boar’s Head listeria outbreak, which has affected over 50 people and resulted in nine deaths, including that of Günter “Garshon” Morgenstein, who survived the Holocaust as a child.

Holocaust Survivor’s Family Files First Wrongful Death Lawsuit

“We’re all still in shock, for all of the things you know that he’s seen and been through in his life to come to that, you know, lunch meat,” his son, Garshon “Shon” Morgenstein, told a local news station.

Morgenstein was born in 1936 in Cottbus, Germany, southeast of Berlin, and survived the Holocaust by hiding under the floorboards of his home during the Holocaust, according to his son, Garshon “Shon” Morgenstein.

In 1954, Morgenstein fled East Berlin with few possessions and headed to the United States, according to USA Today. He became a “master hair designer” and was well known in the Newport News, Virginia community. He met his wife, Peggy, in a salon, and his clients included Johnny Mathis and Muhammad Ali. He was still working until he fell ill.

“Günter was a very active and vibrant personality and was still working right up until his illness,” Ron Simon, the attorney representing Morgenstein’s family, said in a statement. “He should not have died from eating a sandwich.”

Boar’s Head Listeria Death: A Tragic End

Morgenstein passed away on July 18 after being diagnosed with listeria and meningitis. Prior to falling ill, he had purchased a Boar’s Head liverwurst sandwich from a local grocery store. His son noted that Morgenstein had a fondness for Boar’s Head lunch meats, particularly liverwurst.

Boar’s Head Issues Recall Following Listeria Outbreak

A listeria outbreak in Boar’s Head deli meats led to a recall of millions of pounds of the brand’s products. (Justin Sullivan/Getty Images)

On July 26, Boar’s Head recalled millions of pounds of its products after listeria was traced back to one of its plants in Virginia. The wrongful death lawsuit was filed in Sarasota, Florida, where the company is headquartered.

In response to the lawsuit, Boar’s Head released a statement expressing their condolences: “We deeply regret the impact this recall has had on affected families. No words can fully express our sympathies and the sincere and deep hurt we feel for those who have suffered losses or endured illness.”