A recent listeria outbreak caused at least nine deaths, and as many as 57 hospitalizations. The outbreak resulted in a recall of Boar’s Head deli meats. While there are standards for the preparation and serving of food products, contamination still happens. Foodborne contamination may result in serious illness or, in some cases, death.

Listeria bacteria can cause a serious foodborne infection, which may lead to symptoms such as fever, chills, muscle aches, nausea, and diarrhea. For some, the symptoms go unnoticed, and the infection may resolve. Others, however, experience life-threatening complications due to listeria infections.
If you developed a foodborne illness you believe was due to contamination, you have options. To discuss your case, call our Naperville, Illinois, dangerous product lawyers at Chute, O’Malley, Knobloch & Turcy, LLC. 312-775-0042. We provide FREE initial consultations.
How Does Listeria Contamination Occur in Deli Meats?
Listeria can contaminate deli meats at several stages, from occurring at the source to developing due to post-processing handling. A hardy organism, listeria can survive in harsh conditions. As such, it may cause contamination of foods at various stages throughout the production process.
Contamination at the Source
Listeria can be present in the tissues of animals raised for food, such as pigs, cows, and poultry. Soil and water can harbor listeria, which may contaminate animals or their feed. This, and other factors, lead to the presence of listeria in the tissues of animals raised for food.
Processing and Handling
Contamination of foods with listeria bacteria can happen due to various factors during processing and handling. If processing equipment is not cleaned and sanitized between uses, listeria may spread to the meat and cause serious illness when consumed. Further, cross-contamination may occur when contaminated surfaces, utensils, or workers’ hands come into contact with clean meat.
Deli meats require rapid cooling to prevent bacterial growth. If not cooled properly, then, listeria can multiply rapidly, which may increase the chances of consumers developing food poisoning.
The recent outbreak of listeria infections was traced back to a sample of Boar’s Head liverwurst. After a public health warning was issued about the contamination, Boar’s Head issued a recall that impacted over seven million pounds of deli meats processed through its Jarratt, Virginia, plant.
Post-Processing Handling
Contamination can occur during post-processing handling. Deli meats must be stored at the correct temperature to avoid bacterial growth. Thus, those stored at temperatures above 40 °F may be at risk of listeria spreading. Additionally, contaminated surfaces in deli counters or improper handling by employees can also spread listeria to deli meats.
Of the consumers affected by the recent outbreak who were interviewed by the Centers for Disease Control and Prevention, 95% reported eating meats sliced at a grocery or supermarket store deli. The bacteria were first identified in a sample of Boar’s Head’s ready-to-eat liverwurst products.
Who Is at Risk After Consuming Contaminated Deli Meat?
Anyone who eats contaminated deli meats may be at risk of developing listeriosis. For certain groups, however, the chance of severe illness or death may be greater. Pregnant women have an increased risk of illness due to listeria infections. Listeriosis may cause miscarriage, stillbirth, premature delivery, and serious infections in newborns.
The immune systems of older adults may be weakened. As such, adults 65-years-old and older are more susceptible to serious listeria infections. Likewise, other individuals with weakened immune systems, such as due to HIV/AIDS or cancer, may also have a greater risk of becoming seriously ill after eating contaminated deli meats.
What Are the Symptoms of Listeriosis?
Those who contract infections after eating contaminated deli meats may develop ranging symptoms. The most common symptoms of listeriosis are similar to that of the flu – fever, muscle aches, and nausea. In some cases, consumers may begin to experience symptoms within a few days of consuming contaminated food. However, it may take up to 30 days for the first signs and symptoms of a listeria infection to show.
Listeria Infection Complications
Listeria infections are often mild, with some going unnoticed. However, in some cases, it may spread or otherwise lead to life-threatening complications. Listeria infections may spread to the nervous system, and may cause headaches, stiff neck, confusion or changes in alertness, loss of balance, or convulsions. Other complications include causing generalized blood infections or meningitis. Listeria infections cause about 260 deaths each year, making it the third leading cause of foodborne illness-related deaths in the U.S.
Steps to Take if You’ve Been Affected by the Listeria Outbreak
Since it may take time for symptoms to develop, it’s important for those who suspect they were made seriously sick with a foodborne illness due to contaminated deli meat to know what to do. The steps they take help protect their health and identify an outbreak. A Naperville personal injury lawyer can help guide victims in the right direction.
Seek Medical Attention
Early diagnosis and treatment are essential for preventing serious complications. Therefore, those who suspect they’ve consumed contaminated deli meats should contact their doctors or go to the nearest emergency room.
Document Everything
When experiencing symptoms of food poisoning, consumers should document everything. To this end, they should keep a detailed record of their symptoms, noting the onset, severity, and duration, and document all their medical appointments and treatments. Further, consumers who think they became ill after consuming contaminated food should gather evidence of their deli meat consumption, such as receipts, photos of the product packaging, and information about when and where the meat was purchased.
Contact the Relevant Authorities
Consumers who suspect foodborne illnesses should report their cases to the Centers for Disease Control and Prevention. They should also notify the local health department, who can investigate the outbreak and provide information on food safety. It is essential to understand the importance of a timely legal consultation to help protect consumers’ rights.
Can You Sue for Listeria from Recalled Deli Meat in Illinois?
Illinois consumers who contract listeriosis from contaminated deli meat have grounds to seek financial compensation. If the manufacturer, distributor, or retailer of the deli meat failed to properly handle, store, or process the meat, leading to listeria contamination, they could be held liable.
Alternatively to pursuing a case based on negligence, consumers may also be able to seek damages based on strict product liability. Naperville defective product lawyers can help consumers understand when they might hold manufacturers or sellers responsible for defective products, including contaminated deli meats, that cause injuries or illness.
Proving Food Poisoning Cases
To successfully recover compensation in a foodborne illness lawsuit, consumers need to establish several key elements. They must prove they contracted listeriosis, and that it was caused by consuming the contaminated deli meat. Successful foodborne illness cases must also prove that the manufacturer, distributor, or retailer of the deli meat was negligent, or that the product was defective.
Various evidence aids in establishing these elements and supporting plaintiffs’ claims. For instance, medical records, including doctor’s notes, lab results, and hospital records, as well as medical bills and testimony from treating physicians can help establish that a consumer contracted a listeria infection. Likewise, medical expert testimony or epidemiological evidence can help link the listeriosis diagnosis to the consumption of a specific deli meat.
To recover compensation through a product liability lawsuit for a contaminated food, plaintiffs must prove that they suffered damages as a result of the listeriosis. These damages include economic and non-economic losses, such as the costs of associated medical care, lost wages, and pain and suffering. Working with a Naperville injury lawyer can help maximize compensation.
How Long Do Consumers Have to Sue in Naperville?
Generally, product liability cases in Naperville have a two-year statute of limitations. With few exceptions, consumers have up to two years from the date of their illnesses to file a lawsuit.
In some cases, consumers may not immediately realize their illness is connected to contaminated food. The discovery rule in Illinois allows the two-year period to begin from the date that consumers should have reasonably known their illness was related to contaminated deli meat.
When consumers develop foodborne illnesses, it’s essential for them to act promptly. Failing to file their lawsuits within the timeline for a product liability claim may result in a dismissal of their claims, costing them the right to pursue compensation.
Contracting food poisoning can leave people seriously ill or, in some cases, may result in death. A serious unexpected illness, or death, can bring about undue expenses and losses. Our experienced product liability attorneys at Chute, O’Malley, Knobloch & Turcy, LLC can help those who have experienced such situations understand their options. If you have contracted a foodborne illness, contact us today at 312-775-0042. We provide FREE initial consultations.