This morning, the death toll climbing in a nationwide Listeria outbreak linked to Boar's head deli meat. At least nine people have now died with cases reported in these 18 states, 57 people have now been hospitalized. And the CDC warns customers may still have the tainted meat in their fridge. The long shelf life for certain products like bacon and salami means some recalled meats have best buy dates through October always ate lunch meat, always bore his head. Gars Shan Morgenstein says his father, a holocaust survivor was in good health until he says his dad got Listeria after eating tainted liver burst. He says the infection led to meningitis and brain damage. His father died July 18th. We're all still in shock for all of the things you know that he's seen and been through in his life to come to the family. Now filing a wrongful death lawsuit. Their lawyer saying no one should die from eating a sandwich through this lawsuit and others, we will determine what went wrong at Boar's head. Bore head released a statement earlier this month saying we are conducting a rigorous investigation to identify the root cause of this incident and the company has said safety is their absolute priority. Rhiannon Alle ABC News, New York.