TALLAHASSEE, Fla. (WAVY) — A wrongful death lawsuit has been filed on behalf of 88-year-old Newport News man Gunter Morgenstein, who died after eating meat that turned out to be part of a massive recall from Boar’s Head.

“He lived a very interesting and a long life. He certainly had several good years left, if it wasn’t for this,” said Garshon Morgenstein, Gunter’s son.

Garshon Morgenstein is glad they are making progress in the case.

“I’m glad that we’re moving forward with it, and looking forward to the next steps,” said Morgenstein.

Gunter Morgenstein was initially rushed to the hospital for difficulty breathing, and his family thought he would only be in the hospital for a short stay, having shown signs of improvement the day after being admitted.

“We just thought it was just like a little scare or something like that, or a normal routine thing none of us ever would have expected,” Morgenstein said.

However, Morgenstein died 10 days after entering the hospital, as doctors ran tests and was diagnosed with sepsis and listeriosis, tracing it back to liverwurst that Morgenstein had gotten on June 30 at a Harris Teeter store in Newport News, according to his family and the food safety law firm Ron Simon & Associates, who along with Kelly/Uustal, PLC, filed the lawsuit in Sarasota County, Florida.

Over the next week, Morgenstein ate the liverwurst in sandwiches, and started to experience diarrhea, weakness and shortness of breath, and he was taken by ambulance to Riverside Regional Hospital July 8. He died July 18.

The Centers for Disease Control and Prevention says at least 57 people in 18 states have tested positive for listeria poisoning from contaminated Boar’s Head products, with all of them being hospitalized and nine of them dying. The CDC said this is the largest listeriosis outbreak since a 2011 outbreak linked to cantaloupe.

An investigation by federal and state health agencies has already identified a number of health violations at Boar’s Head’s Jarratt plant, which include instances of mold, insects, liquid dripping from ceilings, and meat and fat residue on walls, floors and equipment, according to recently released records.

“Looking at those reports that have come out about that plant, [it] doesn’t really look like anything should have come out of there, let alone the liverwurst,” Morgenstein said.

Government inspectors 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.

Boar’s Head has recalled all of its products manufactured at the Jarratt plant, which will remain closed until further notice.

“Gunter was a very active and vibrant personality and was still working right up until his illness,” said Ron Simon, attorney for the Morgenstein family and other listeria victims, in a statement. “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.”

Although this lawsuit will not be able to bring his father back, Morgenstein wants to bring light to the situation. He says he wants to get his father’s name out there, get retribution from what the company took from them, and prevent this from happening again in the future.

Morgenstein escaped Germany during the Holocaust, moving to Canada and later to Newport News. He studied cosmetology and became a master hair designer, teaching at salons across Canada, working with Tom Jones, Johnny Mathis and even met Muhammad Ali. For him, talking to people was second nature.

“Like, mind-blowing to me that someone can just go up to a stranger, ’cause I am the complete opposite,” Garshon Morgenstein said. “My mom would get mad at him because he would go to the store to go get something and she’d think he’d be back in 30 minutes and he’s gone for an hour-and-a-half, like talking to everybody.”

A celebration of life for Gunter Morgenstein will be held Sept. 8 in Newport News.

On Aug. 29, Boars Head updated its website stating:

“We are conducting an extensive investigation, working closely with the USDA and government regulatory agencies, as well as with the industry’s leading food safety experts, to determine how our liverwurst produced at our Jarratt, Virginia facility was adulterated and to prevent it from happening again.”

The food safety law firm Ron Simon and Associates say this case could take 6 months to 2 years while investigations or settlement is reached.

“It’s just something that was preventable. It should have never happened. You should be able to trust the food that you’re eating. It’s 2024 like it shouldn’t really be an issue,” Morgenstein said.

The law firm has established a Boar’s Head Listeria Claim Center to help victims of the outbreak. Simon has prosecuted thousands of food poisoning cases across the United States.

See below for a copy of the lawsuit.