E Coli Lawyer & Attorney : Marler Clark Law Firm : E. coli Blog

Marler Clark filed two E. coli lawsuits against Organic Pastures on February 7, 2008. The lawsuits were filed in Fresno County Superior Court on behalf of two children who developed hemolytic uremic syndrome (HUS) secondary to E. coli O157:H7 infection after consuming Organic Pastures raw milk.

The California Department of Health Services (CDHS) and California Department of Food and Agriculture (CDFA) conducted an investigation into the E. coli outbreak in September of 2006. CDHS and CDFA identified six children who had become ill with either E. coli O157:H7 or HUS and learned that all six had consumed Organic Pastures raw milk or colostrum in the days before becoming ill.

While investigating the cause of the children’s illness, pulsed field gel electrophoresis (PFGE), or “genetic fingerprinting” confirmed that five of the six children were infected with the same strain of E. coli; the sixth did not test positive for E. coli but had HUS. An investigation at Organic Pastures led to the discovery that several cows were infected with E. coli O157:H7, although the strain was different from the outbreak strain. CDHS determined that unpasteurized dairy products from Organic Pastures were the likely source of the outbreak.

Eleven-year-old Lauren Herzog and 9-year-old Chris Martin both consumed raw milk produced by Organic Pastures in early September of 2006. Lauren became ill with symptoms of E. coli infection on September 6. Her illness subsequently developed into HUS, a life-threatening complication of E. coli infection that can cause kidney failure and central nervous system impairment, and she was hospitalized on September 8. Lauren suffered acute renal failure and required approximately two weeks of daily kidney dialysis. She remained hospitalized until October 18, 2006, when she was discharged with over $250,000 in medical bills.

Chris became ill with symptoms of E. coli infection on September 5, 2006 and he was hospitalized on September 7. Like Lauren, Chris suffered HUS. His condition worsened and he was transported by helicopter to a Children’s hospital and was placed in pediatric intensive care. Chris’ kidneys failed and he required weeks of daily dialysis, as well as multiple blood transfusions. He was placed on a ventilator as a result of impending congestive heart failure, and remained on the ventilator for five days, was briefly taken off the ventilator, and later returned for several more days. Chris suffered a number of seizures as a result of his HUS. He also developed high blood pressure and pancreatitis. Chris was discharged from the hospital on November 2, 2006, nearly two months after he was admitted, with over $450,000 in medical bills.

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Despite evidence that raw or unpasteurized milk carries health risks, growing numbers of consumers are skirting laws prohibiting the sale of unpasteurized milk through creative solutions called "cow sharing." In theory, the practice allows them to buy part of an animal and then, as a co-owner, acquire and drink its raw milk.

But some states are cracking down on these arrangements or tightening laws to prevent them. In Maryland, for example, where it has long been illegal to sell raw milk for public consumption, officials adopted emergency regulations in October to stop farmers from selling shares of livestock to consumers.

"We believe that it is a sham to circumvent the law," says Ted Elkin, deputy director of Maryland's Office of Food Protection and Consumer Health Services. A farmer has since sued to overturn the new regulation. The case remains in litigation.
 

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Dee Creek Farms, the Washington dairy that was the source of an E. coli O157:H7 outbreak among Washington and Oregon residents in 2005, has recently obtained a license to sell raw goats milk.

After the farm underwent renovations and constructed a milking area, the Washington Department of Agriculture granted Dee Creek Farms a license to bottle and sell the milk, but the license stipulates that the milk must be labeled as "raw" or "unpasteurized."

Dee Creek owners Anita and Michael Puckett are appealing the $8,000 state fine for health and safety violations uncovered while officials were investigating the outbreak and its cause. The administrative hearing is scheduled for June 12-13 in Vancouver.
 

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KSDK TV in St. Louis reported today on the raw milk debate.

Purchasers and producers of raw milk believe drinking unpasteurized milk enhances their health.  Public health officials believe the risks of drinking raw milk and contracting potentially fatal illnesses such as E. coli O157:H7 and Campylobacter infections are too high, and that people should not consume raw milk. As reported on the news:

“Raw milk, advocates say, is healthier than pasteurized. Louis Pasteur invented the process to heat milk to 161 degrees for 15 seconds to kill harmful bacteria. But raw milk proponents say the process kills good bacteria.

However, there's another side to this story from health officials, who say they would never drink raw milk.

St. Louis City Health Director Dr. William Kincaid says raw milk is potentially full of bad things, like listeria, E. coli and even tuberculosis. Kincaid says he would absolutely not drink raw milk.”
 

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Drinking raw (untreated) milk or eating raw milk products is "like playing Russian roulette with your health," says John Sheehan, director of the Food and Drug Administration's Division of Dairy and Egg Safety. "We see a number of cases of foodborne illness every year related to the consumption of raw milk."

More than 300 people in the United States got sick from drinking raw milk or eating cheese made from raw milk in 2001, and nearly 200 became ill from these products in 2002, according to the Centers for Disease Control and Prevention.

Raw milk may harbor a host of disease-causing organisms such as campylobacter, escherichia coli, listeria, salmonella, yersinia, and brucella. Common symptoms of foodborne illness from many of these types of bacteria include diarrhea, stomach cramps, fever, headache, vomiting, and exhaustion.

In pregnant women, Listeria can result in miscarriage, fetal death, or illness or death of a newborn infant. Escherichia coli infection has been linked to hemolytic uremic syndrome, a condition that can cause kidney failure and death.

It is a violation of federal law enforced by the FDA to sell raw milk packaged for consumer use across state lines. But each state regulates the sale of raw milk within their state, and some states allow it to be sold. This means that in some states, dairy operations may sell it to local retail food stores, or to consumers directly from the farm or at agricultural fairs or other community events, depending on the state law.
 

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Sales of unpasteurized milk are illegal in Ohio; producers caught distributing to the public face criminal charges and can lose their licenses as well as their livelihood.

But there's a bigger reason why regulators and researchers urge raw milk drinkers to reconsider: Consuming unpasteurized milk can be dangerous to your health.

Even milk going to processing plants for milk, butter, cheese, or other dairy products is subject to monthly bacteria counts so that production stays within licensed limits.

But raw milk advocates, many backed by guidance from the national Weston A. Price Foundation, are pushing for changes to state laws that prohibit raw milk sales, saying that citizens should be allowed to buy unpasteurized milk from farmers.

They believe non-Holstein breeds (Jerseys, etc.) raised on pasture during the growing season and forage and root vegetables when confined, produce a milk packed with disease- and ailment-curing bacteria that can relieve asthma and straighten teeth. They also feel that pasteurization changes the raw milk into something that is dangerous for humans.

However, regulators know that bacteria such as E. coli can be plentiful in raw milk, causing illnesses ranging from upset stomachs to hemolytic uremic syndrome, a potentially fatal kidney disease.

In Ohio, the only legal means of obtaining and consuming raw milk is to own the cow of origin. In Wayne and Holmes counties, many dairy farmers choose to drink milk straight from their bulk tanks, where it's pumped directly from their cows.

Producers who were aware of the risks of food-borne pathogens were less likely to drink unpasteurized milk. But others continue to drink raw milk even after understanding the dangers involved, saying that it was easier to walk 15 feet into their milking parlors and pull a jug rather than driving miles down the road and paying for it.

For farmers and consumers accepting those risks, experts recommend that they refrigerate their raw milk supplies as quickly as possible. And they should think twice about giving it to the elderly or young infants or others with compromised health or to visitors who aren't used to drinking it.
 

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