--- title: "Marler Clark, the food safety law firm, files $10,000,000 punitive damages claim on behalf of woman who spent six days in ICU after contracting Listeria from Boar’s Head Liverwurst." date: 2024-09-06T14:24:00-07:00 author: Julie Dueck canonical_url: "https://marlerclark.com/news_events/marler-clark-the-food-safety-law-firm-files-10-000-000-punitive-damages-claim-on-behalf-of-woman-who-spent-six-days-in-icu-after-contracting-listeria-from-boars-head-liverwurst" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # Marler Clark, the food safety law firm, files $10,000,000 punitive damages claim on behalf of woman who spent six days in ICU after contracting Listeria from Boar’s Head Liverwurst. (Seattle, WA) A federal lawsuit has been filed against Boar’s Head Provisions of Sarasota, Florida in the Eastern District of Virginia on behalf of Barbara Schmidt of Virginia, who spent six days in ICU and weeks in recovery after consuming Boar’s Head Liverwurst. She tested positive for *Listeria,* and it is a match to the outbreak strain. [**Cause No. Case 3:24-cv-00631.**](https://www.marlerblog.com/files/2024/09/File-Stamped-Complaint-67798.pdf) In addition to seeking compensation for medical expenses and pain and suffering, Ms. Schmidt is seeking $10,000,000 in punitive damages against Boar’s Head for allowing unsafe conditions to remain in the plant that lead to this *Listeria* outbreak. ***“The years of inspection reports (***[***Here are the Inspection Reports in PDF.***](https://www.marlerblog.com/files/2024/08/2024-08-27.pdf)***) leave little doubt that the Boar’s Head plant’s food safety plan must have been non-existent, “ said food safety attorney, Bill Marler. “It is hard to wrap your head around how food could be produced in these conditions by this company and under the gaze of FSIS inspectors,” added Marler.*** According to the CDC, as of August 27, a total of 57 people infected with the outbreak strain of Listeria have been reported from 18 states – Including: Arizona 1, Florida 3, Georgia 2, Illinois 1, Indiana 1, Maryland 8, Massachusetts 3, Minnesota 1, Missouri 3, New Jersey 5, New Mexico 1, New York 17, North Carolina 1, Pennsylvania 2, South Carolina 2, Tennessee 1, Virginia 4, and Wisconsin 1. One person got sick during their pregnancy and remained pregnant after recovering. So far, nine deaths have been reported, including one in Illinois, one in New Jersey, one in Virginia, one in Florida, one in Tennessee, one in New Mexico, one in New York, and two in South Carolina. Boar’s Head has recalled over 7,000,000 pounds of its deli meat. This recall expansion includes 71 products produced between May 10, 2024, and July 29, 2024, under Defendant’s Boar’s Head and Old Country brand names. These items include meat intended for slicing at retail delis as well as some packaged meat and poultry products sold at retail locations. These products have “sell by” dates ranging from 29-JUL-2024 through 17-OCT-24. The products subject to recall were distributed to retail locations nationwide and some were exported to the Cayman Islands, Dominican Republic, Mexico, and Panama. The products shipped to retailers bear establishment number “EST. 12612” or “P-12612” inside the USDA mark of inspection on the product labels. Bill Marler has also called on the U.S. House of Representatives and U.S. Senate committees to use their authority to get to the bottom of the Boar’s Head Listeria Outbreak that has sickened at least 57, killing 9 to date. Marler Clark is also representing several other victims or the families of deceased victims. More lawsuits will be filed in the coming week. [**William "Bill" Marler** ](http://www.billmarler.com/)has been a food safety lawyer and advocate since the 1993 Jack-in-the-Box *E. coli* Outbreak which was chronicled in the book, [**"Poisoned"**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1020790832&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D1725078326%26u%3Dhttps%253A%252F%252Fwww.amazon.com%252FPoisoned-Deadly-Outbreak-Changed-Americans%252Fdp%252F098495435X%26a%3D%2522Poisoned%2522&a=%22Poisoned%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1020790832&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D1725078326%26u%3Dhttps%253A%252F%252Fwww.amazon.com%252FPoisoned-Deadly-Outbreak-Changed-Americans%252Fdp%252F09849543") and in the recent [**Netflix documentary**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=2811251747&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3559152489%26u%3Dhttps%253A%252F%252Fwww.netflix.com%252Ftitle%252F81460481%2523%253A%257E%253Atext%253D2023%252520%25257C%252520Maturity%252520Rating%25253ATV%25252D%252Cfoodborne%252520illness%252520in%252520the%252520US.%26a%3DNetflix%2Bdocumentary&a=Netflix+documentary "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=2811251747&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3559152489%26u%3Dhttps%253A%252F%252Fwww.netflix.com%252Ftitle%252F81460481%2523%253A%257E%253Atext%253D2023%252520%25") by the same name. Bill work has been profiled in the New Yorker, [**"A Bug in the System;"**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3494984181&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D225575945%26u%3Dhttps%253A%252F%252Fwww.newyorker.com%252Fmagazine%252F2015%252F02%252F02%252Fbug-system%26a%3D%2522A%2BBug%2Bin%2Bthe%2BSystem%253B%2522&a=%22A+Bug+in+the+System%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3494984181&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D225575945%26u%3Dhttps%253A%252F%252Fwww.newyorker.com%252Fmagazine%252F2015%252F02%252F02%252Fbug-system%26a%3D%2522A%") the Seattle Times, [**"30 years after the deadly** ](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety%252F%26a%3D%252230%2Byears%2Bafter%2Bthe%2Bdeadly%2BE.%2Bcoli%2Boutbreak%252C%2BA%2BSeattle%2Battorney%2Bstill%2Bfights%2Bfor%2Bfood%2Bsafety%253B%2522&a=%2230+years+after+the+deadly%C2%A0E.+colioutbreak%2C+A%C2%A0Seattle%C2%A0attorney+still+fights+for+food+safety%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli")[***E. coli***](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety%252F%26a%3D%252230%2Byears%2Bafter%2Bthe%2Bdeadly%2BE.%2Bcoli%2Boutbreak%252C%2BA%2BSeattle%2Battorney%2Bstill%2Bfights%2Bfor%2Bfood%2Bsafety%253B%2522&a=%2230+years+after+the+deadly%C2%A0E.+colioutbreak%2C+A%C2%A0Seattle%C2%A0attorney+still+fights+for+food+safety%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli") [**outbreak, A Seattle attorney still fights for food safety;"**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety%252F%26a%3D%252230%2Byears%2Bafter%2Bthe%2Bdeadly%2BE.%2Bcoli%2Boutbreak%252C%2BA%2BSeattle%2Battorney%2Bstill%2Bfights%2Bfor%2Bfood%2Bsafety%253B%2522&a=%2230+years+after+the+deadly%C2%A0E.+colioutbreak%2C+A%C2%A0Seattle%C2%A0attorney+still+fights+for+food+safety%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli") the Washington Post, [**"He helped make burgers safer, Now he is fighting food poisoning again;"**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4007553127&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3259035492%26u%3Dhttps%253A%252F%252Fwww.washingtonpost.com%252Fnational%252Fhe-helped-make-burgers-safer-now-hes-fighting-food-poisoning-again%252F2020%252F01%252F18%252F5b979cf8-38ad-11ea-9541-9107303481a4_story.html%26a%3D%2522He%2Bhelped%2Bmake%2Bburgers%2Bsafer%252C%2BNow%2Bhe%2Bis%2Bfighting%2Bfood%2Bpoisoning%2Bagain%253B%2522&a=%22He+helped+make+burgers+safer%2C+Now+he+is+fighting+food+poisoning+again%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4007553127&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3259035492%26u%3Dhttps%253A%252F%252Fwww.washingtonpost.com%252Fnational%252Fhe-helped-make-burgers-safer-now-hes-figh") and [**several others**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3545986551&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D2749355817%26u%3Dhttps%253A%252F%252Fbillmarler.com%252Fbiography%26a%3Dseveral%2Bothers&a=several+others "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3545986551&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D2749355817%26u%3Dhttps%253A%252F%252Fbillmarler.com%252Fbiography%26a%3Dseveral%2Bothers&a=several+others"). Dozens of times a year Bill speaks to industry and government throughout the United States, Canada, Europe, Africa, China and Australia on why it is important to prevent foodborne illnesses. He is also a frequent commentator on food litigation and food safety on [**Marler Blog**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1230212809&u=https%3A%2F%2Fwww.marlerblog.com%2F&a=Marler+Blog "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1230212809&u=https%3A%2F%2Fwww.marlerblog.com%2F&a=Marler+Blog"). Bill is also the publisher of [**Food Safety News**](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4125170773&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D2447639-1%26h%3D3589830031%26u%3Dhttp%253A%252F%252Fwww.foodsafetynews.com%252F%26a%3DFood%2BSafety%2BNews&a=Food+Safety+News "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4125170773&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D2447639-1%26h%3D3589830031%26u%3Dhttp%253A%252F%252Fwww.foodsafetynews.com%252F%26a%3DFood%2BSafety%2BNews&a=Food+Safety+News"). ### Other Listeria Lawsuits [Kroger and Walmart Pasta Listeria Outbreak](https://marlerclark.com/kroger-and-walmart-pasta-listeria-outbreak) [Listeria Outbreak linked to Kroger and Walmart Chicken Fettuccine](https://marlerclark.com/listeria-outbreak-linked-to-kroger-and-walmart-chicken-fettuccine) [Fresh & Ready Foods linked to California and Nevada Listeria Outbreak](https://marlerclark.com/fresh-ready-foods-linked-to-california-and-nevida-listeria-outbreak) [14 Listeria Deaths tied to Lyons ReadyCare or Sysco Shakes](https://marlerclark.com/11-listeria-deaths-tied-to-lyons-readycare-or-sysco) [Boar's Head Deli Meat Sickens 61 in 19 States with Deadly Listeria - 10 deaths](https://marlerclark.com/deli-meat-hits-28-in-12-states-with-deadly-listeria) [Rizo-López Foods recalls cheese after deadly Listeria Outbreak](https://marlerclark.com/rizo-l%C3%B3pez-foods-recalls-cheese-after-deadly-listeria-outbreak) [Listeria Outbreak linked to Peaches - 11 Sick with 1 Death](https://marlerclark.com/listeria-outbreak-linked-to-peaches-11-sick) [Listeria Outbreak linked to Frugals | Marler Clark by retained three victims](https://marlerclark.com/listeria-outbreak-announced-in-washington) [Six States Report 16 Victims of Listeria Linked to Deli Meat and Cheeses](https://marlerclark.com/six-states-report-victims-of-listeria-outbreak-linked-to-deli-meat-and-cheeses) [Big Olaf Ice Cream Sickens 28 in Florida Listeria Outbreak | 27 hospitalized, with 1 death](https://marlerclark.com/investigation-of-listeria-outbreak-linked-to-florida-residents-and-tourists) [Dole salads likely linked to Listeria illnesses since 2014](https://marlerclark.com/dole-salads-likely-linked-to-listeria-illnesses-since-2014) [Listeria Outbreak linked to Fresh Express Salads](https://marlerclark.com/listeria-outbreak-linked-to-fresh-express-salads) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic 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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [Listeria Food Poisoning](https://marlerclark.com/foodborne-illnesses/listeria/about-listeria) What is Listeria and how does it cause food poisoning? Listeria is a gram-positive, rod-shaped bacterium that is ubiquitous and can grow under either anaerobic (without oxygen) or aerobic (with... ###### [The Incidence of Listeria Infections](https://marlerclark.com/foodborne-illnesses/listeria/the-incidence-of-listeria-infections) How common are Listeria infections? Listeria bacteria are found widely in the environment in soil, including in decaying vegetation and water, and may be part of the fecal flora of... ###### [The Prevalence of Listeria in Food and the Environment](https://marlerclark.com/foodborne-illnesses/listeria/listeria-prevalence) Listeria bacteria are common in nature. Listeria monocytogenes is omnipresent in nature; it is found widely in such places as water, soil, infected animals, human and animal feces, raw and... ###### [Transmission of and Infection with Listeria](https://marlerclark.com/foodborne-illnesses/listeria/transmission-of-and-infection-with-listeria) Listeria typically spreads to people through contaminated food or water, but can also be transmitted from mother to fetus. Except for the transmission of mother to fetus, human-to-human transmission of... ###### [Who is Most at Risk of Becoming Ill with Listeria?](https://marlerclark.com/foodborne-illnesses/listeria/who-is-most-at-risk-for-becoming-ill-with-listeria) The elderly, pregnant women, and anyone immunocompromised is most at risk for contracting Listeria. Several segments of the population are at increased risk and need to be informed so that... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)