The lawsuit claims 88-year-old Gunter Morgenstein bought Boar's Head liverwurst at the end of June. After eating it, they say he became ill.
Then, after spending 10 days in the hospital, he died on July 18 from a brain infection caused by listeria bacteria, an illness that was confirmed to be linked to the contaminated Boar's Head products, the Associated Press reported.
RELATED: Boar's Head expands recall to include 7M more pounds of deli meats tied to listeria outbreak
The CDC says at least 57 people in 18 states became sick from the listeria outbreak tied to Boar's Head deli meat. Nine people have died.
Newly released records also allegedly shows that a Boar's Head deli meat plant in Jarratt, Virginia, that is tied to the deadly food poisoning outbreak repeatedly violated federal regulations, including instances of mold, insects, liquid dripping from ceilings, and meat and fat residue on walls, floors and equipment.
Agriculture Department officials logged 69 instances of "noncompliance" with federal rules in the past year, including several in recent weeks, according to documents released through federal Freedom of Information Act requests.
Between Aug. 1, 2023, and Aug. 2, 2024, U.S. Food Safety and Inspection Service personnel found "heavy discolored meat buildup" and "meat overspray on walls and large pieces of meat on the floor." They also documented flies "going in and out" of pickle vats and "black patches of mold" on a ceiling. One inspector detailed blood puddled on the floor and "a rancid smell in the cooler." Plant staff were repeatedly notified that they had failed to meet requirements, the documents showed.
"I think it is disgusting and shameful," said Morgenstein's son, Garshon. "I'm just even more in shock that this was allowed to happen."
Morgenstein enjoyed liverwurst, usually spread on bagels, and bought it regularly, insisting on the Boar's Head brand because of the company's reputation, believing it was top quality, his son said.
"It's really just a senseless accident and tragedy for something that just should not have ever happened," his son said. "He still had many good years left."
Morgenstein was a German-born Holocaust survivor who moved to Canada and then the U.S. as a young man and later became a flamboyant hair stylist, according to his son. During his 70-year career, his father styled celebrities such as the singer Tom Jones and was known for his funny, outgoing personality, Garshon said.
"For the rest of my life, I have to remember my father's death every time I see or hear the name Boar's Head," he added.
Officials with Boar's Head did not respond to a request for comment from The Associated Press, but a spokesperson told CBS that the company regrets the impact of the recall, prioritizes food safety and addressed the USDA's concerns.
Listeria infections cause about 1,600 illnesses each year in the U.S. and about 260 people die, according to the U.S. Centers for Disease Control and Prevention. People older than 65, those who are pregnant or who have weakened immune systems are most vulnerable.
Many illnesses caused by food poisoning are short-lived, but listeria infections can have devastating effects.
USDA food safety officials did not immediately respond to questions about the conditions at the plant. Federal reports show no enforcement actions against Boar's Head between January and March, the latest records available.
All the recalled deli meats have been removed from stores and are no longer available, Boar's Head officials said on the company's website. The products were distributed to stores nationwide, as well as to the Cayman Islands, the Dominican Republic, Mexico and Panama, U.S. Agriculture Department officials said.
CDC officials urged consumers to check their refrigerators for the recalled products. Discard recalled foods and thoroughly clean and sanitize refrigerator and other surfaces they touched.
The Associated Press contributed to this report.