Wrongful death lawsuit filed against Boar's Head in deadly listeria outbreak

A wrongful death lawsuit was filed Wednesday against Boar's Head by the family of a man who, they say, contracted listeria after consuming the company's deli meats.

As of Sept. 25, at least 59 people have fallen ill across 19 states in the listeria outbreak linked to Boar's Head products. All 59 people were hospitalized and 10 have died, according to the Centers for Disease Control and Prevention (CDC).

Other wrongful death lawsuits have been filed against Boar's Head, but this is the first alleging that a death may have come from something other than ready-to-eat liverwurst products, according to the law firm that filed the suit, Morgan & Morgan.

The lawsuit claims Otis Adams Jr., 79, from the Tampa area, died in early May after eating Boar's Head ham.

Otis Adams' wife, Judith, 71, allegedly purchased Boar's Head Tavern Ham and Boar's Head Yellow American Cheese from a Publix grocery store in Brooksville, Florida, on two separate occasions in April 2024, according to the lawsuit.

In late April, Otis Adams allegedly started experiencing symptoms including fever, fatigue and diarrhea. He suspected he had a routine illness and assumed it would pass, attorney Harris Yegelwel told ABC News.

When his symptoms didn't improve and, in fact, got worse, Otis Adams went to HCA Florida Oak Hill Hospital, on May 2, where he was diagnosed with listeriosis, the illness caused by listeria, according to the lawsuit.

The lawsuit says Otis Adams' condition worsened, and he developed meningitis and sepsis. He died on May 5, leaving behind his wife, sister, three sons, seven grandchildren and one great-granddaughter.

Yegelwel said that Otis Adams and Judith Adams were "inseparable." They were both retired and enjoyed attending church together, the attorney said.

"It's a sad and compelling story," Yegelwel said. "This was such a preventable event."

The true number of sicknesses linked to the outbreak is likely higher than what is reported because some people recover without medical care and are not tested for listeria, the CDC said.

The outbreak was traced back to Boar's Head brand meats sliced at delis, as well as ready-to-eat liverwurst, that were contaminated with listeria at a plant in Jarratt, Virginia, according to epidemiologic, laboratory and traceback data reported by the CDC.

Boar's Head apologized in a statement and the Virginia plant linked to the outbreak also recalled approximately 7 million pounds of deli meat and poultry products -- including meat intended for slicing at delis and pre-packaged products -- produced between May 10 and July 29, according to a notice posted on the Department of Agriculture's Food Safety and Inspection Service (FSIS) website.

"We understand the gravity of this situation and the profound impact it has had on affected families," the company said in a statement in September. "Comprehensive measures are being implemented to prevent such an incident from ever happening again."

In August, documents from the FSIS stated that the Virginia meat plant linked to the deadly outbreak had 69 recorded instances of noncompliance over the last 12 months, including findings of mold, insects, blood puddles on the floor, discolored meat and fat buildup on the walls, floors and equipment, and a "rancid smell" coming from a cooler.

The FSIS documents do not mention listeria, but the bacteria can grow in areas that are not properly cleaned and can remain active on surfaces even at refrigerated temperatures.

In September, Boar's Head announced the plant was indefinitely closing and that it was permanently discontinuing the sale of liverwurst.

"We don't want anyone else to go through this. We hope that we bring to light the atrocities committed at this Jarratt facility and to hopefully prevent and avoid something like this from happening in the future," Yegelwel, the family's attorney, said. "We hope we bring swift justice and a resolution on behalf of Mr. Adams and the family."

Boar's Head did not immediately respond to ABC News' request for comment on the lawsuit Thursday.