Surpassing:Family of Holocaust survivor killed in listeria outbreak files wrongful death lawsuit

The Surpassingfamily of an 88-year-old Virginia grandfather, master hairstylist and Holocaust survivor has filed the first wrongful death lawsuit in the ongoing Boar's Head meats listeria outbreak, according to law firm Ron Simon & Associates.

Filed in Sarasota, Florida, the suit explained that Morgenstein purchased later-recalled Boar's Head liverwurst on June 30, 2024, from his local Harris Teeter store and became ill after consuming it.

He was hospitalized on July 8 and was later found to be suffering from sepsis and listeriosis that was later traced by to Boar's Head meat by the Centers for Disease Control (CDC). Despite "aggressive measures," he died on July 18 surrounded by his wife of 50 years and his son Garshon, who USA TODAY previously spoke to about his father's life and legacy.

The human toll:His dad died from listeria tied to Boar’s Head meat. He needed to share his story.

"Gunter was a very active and vibrant personality and was still working right up until his illness," said Ron Simon, an attorney representing the Morgenstein Family among other listeria victims.

"He should not have died from eating a sandwich. Our thoughts and prayers go out to all of the victims affected by this completely avoidable travesty. Through this lawsuit and others, we will make sure that all listeria victims are fairly compensated for their losses. We will find out exactly how this happened and will force Boar's Head to make sure it does not happen again." 

Günter Morgenstein: Master stylist, Holocaust survivor, family man

USA TODAY spoke with Morgenstein's family two weeks ago to learn more about the beloved 88-year-old father, husband and grandfather.

Morgenstein's son, Garshon "Shon" Morgenstein, told USA TODAY his father was born to a Jewish family in Cottbus, Germany on June 29, 1936. "His parents hid him under floorboards," Garshon said of his father's experience surviving the Holocaust and eventually leaving Germany.

He traveled to Canada before settling in Newport News, Virginia, where he became one of the area's most recognized and revered pillars of the community, thanks in part to his 70-year career in hairstyling. Working in the same locale for around 50 years as a master stylist, Morgenstein was described as a "completely extroverted person" who could "talk to anybody."

Morgenstein's family, including his wife of 50 years, Margarete "Peggy," his son, two stepdaughters and multiple grandchildren, were devastated by his sudden passing. Garshon described his father's illness to USA TODAY, saying he entered the hospital on July 8 for shortness of breath where he deteriorated despite treatment before dying 10 days later.

Morgenstein's death certificate, reviewed by USA TODAY along with CDC/USDA investigation notes, attributed his death to Listeria meningoencephalitis, which the CDC confirmed was caused by Boar's Head liverwurst using a process called genome sequencing.

"I never really got to say goodbye when he was coherent," his son told USA TODAY.

Read the full story of Morgenstein's life and unfortunate death as told by his son.

Boar's Head faces rash of lawsuits

The Boar's Head listeria outbreak, first reported by the Centers for Disease Control (CDC) on July 19, has resulted in at least 57 illnesses and hospitalizations, including nine deaths, across 18 states as of Aug. 28, according to the CDC investigation.

The spread of listeria has been connected to sliced deli meats distributed by the brand Boar's Head, which initially issued a recall for 207,528 pounds of its liverwurst on July 26. The company issued an expanded recall on July 30 to include every product made at the same facility where its liverwurst was produced, equating to about 7.2 million pounds.

"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," the company said in a statement to USA TODAY about Morgenstein's death. "We are conducting an extensive investigation in partnership with leading food safety experts to determine how our liverwurst produced at our Jarratt, Virginia facility was adulterated and to prevent it from happening again."

While this action may be the first wrongful death suit filed in relation to the outbreak, Boar's Head is facing at least a handful of other lawsuits in a list that is expected to grow.

One lawsuit filed in July took aim at Boar's Head and grocery chain Schnucks Markets for selling liverwurst that made an 88-year-old Missouri woman "deathly ill," while a lawsuit filed by a pregnant woman from Minnesota in early August alleged she "nearly lost her unborn child" thanks to infected Boar's Head meat sold at a Florida Publix.

A proposed class-action suit was likewise filed in a New York federal district court on Aug. 1.