PURCHASED AT PUBLIX ON JOG ROAD NEAR KINGS POINT. SO SICK, WENT INTO COMA… Suit Targets Boar’s Head, Based In Sarasota.
BY: STAFF REPORT | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A Delray Beach man says he was infected with listeria after eating contaminated turkey purchased at the Publix located at 16130 Jog Road in Delray Beach. Michael Silberman became so violently ill that he was rushed to an area hospital and allegedly ended up in a coma. He — and his wife Barbara — are now suing Boar’s Head in Palm Beach County Circuit Court.
BocaNewsNow.com obtained the lawsuit. We are publishing the complete complaint at the end of this article. Here are key excerpts from the suit which states Silberman’s infection was part of the national Boar’s Head listeria outbreak that led to a recall over the summer.
From the suit: “On Friday, July 20, 2024, just a few days after consuming his sandwich containing the Boar’s Head turkey, Mr. Silberman experienced a high fever. By July 22, 2024, Mr. Silberman’s health had deteriorated to the point where Palm Beach County Fire and Rescue was called to his home. At all times relevant to this action, the Boar’s Head turkey meat purchased and consumed by Mr. Silberman was contaminated with Listeria prior to being sold to the Plaintiff. The turkey Mr. Silberman purchased and later consumed was contaminated through its preparation, handling and exposure to other Boar’s Head meat products containing Listeria.
At all times relevant to this action, the Boar’s Head turkey meat purchased and consumed by Mr. Silberman was contaminated with Listeria prior to being sold to the Plaintiff. The turkey Mr. Silberman purchased and later consumed was contaminated through its preparation, handling and exposure to other Boar’s Head meat products containing Listeria. After Mr. Silberman purchased and consumed the contaminated Boar’s Head meat products, the Palm Beach County Fire and Rescue team concluded Mr. Silberman was experiencing tachypnea, a term used to describe atypical rapid breathing. Mr. Silberman was also experiencing hypocarbia due to abnormally low levels of carbon dioxide in his blood. The Fire and Rescue team noted in their records that Mr. Silberman demonstrated an “altered mental status.” After examining Mr. Silberman at his home, the Palm Beach County Fire and Rescue team determined he met the criteria for sepsis and was placed on a stretcher and taken to the Emergency Room at the Delray Medical Center in Delray Beach, Florida. While in the Delray Medical Center, Mr. Silberman was diagnosed with Listeria, meningitis and encephalitis. It is well documented that Listeria causes meningitis, especially in older individuals who may have weakened immune systems. Bacterial meningitis is a life- threatening complication of a Listeria infection. In addition to meningitis, Listeria is widely understood to cause encephalitis, a serios condition that causes inflammation on the brain. Encephalitis can lead to a number of symptoms, including mental confusion, seizures, compromised motor function, altered mental state and coma.
Mr. Silberman’s Listeria infection and subsequent complications, including but not limited to meningitis, encephalitis, renal failure, muscle atrophy and cognitive impairment, were all the direct result of his consumption Defendant Boar’s Head’s meat products, specifically the Boar’s Head turkey, manufactured by Boar’s Head and sold to Mr. Silberman by Publix. Further, Plaintiff’s consumption of Boar’s Head meat products, sold to him by Publix, required Plaintiff to remain in bed, unable to move about independently, for approximately four (4) weeks. As a direct result of consuming Defendant Boar’s Head meat products, specifically the Boar’s Head turkey, Plaintiff currently must walk using the assistance of a walker, Plaintiff suffers from low iron and hemoglobin, remains constantly lethargic, and is otherwise unable to live and function independently as he did in the days, weeks, months and years before his consumption of Boar’s Head meats.
As a direct result of consuming Defendant Boar’s Head meat products, specifically the Boar’s Head turkey sold to Plaintiff by Publix, Plaintiff is no longer able to do housework, drive, shop, travel, work in the yard or shower without assistance. Prior to purchasing and consuming the Boar’s Head meat, Plaintiff was able to live independently. Since consuming Boar’s Head meat contaminated with Listeria, Plaintiff is unable to live independently as he did in the days, weeks, months and years prior to consuming Defendant’s products.”
The suit seeks in excess of $50,000 which is the statutory minimum for filing a lawsuit in Palm Beach County Circuit Court. The Sliberman family is represented by Attorneys Ben Whitman and Jason Cornell of Clark, Fountain, Littky-Rubin & Whitman, LLP, of West Palm Beach.
