We on this blog should be candidates for the jury in the suits by the two mothers against Organic Pastures. Actually, we’d probably all be disqualified for knowing too much and having strong opinions.
I’ve been critical of Mark McAfee’s handling of this situation in the past, but I’d like to come to his defense in making reference to the sick kids as having consumed spinach. I think he’s referring to what he was told in the initial hours after the kids became ill, by parents and state authorities.
People have since changed their stories, and the moms have in previous postings pressed their contention that not all the kids consumed spinach during the days before they became ill. It’s important to keep in mind that there have been all kinds of inconsistencies—both in what’s been posted here and what the California public health authorities state. I went through a number of these inconsistencies in a posting last month—to the effect that three of the six cases are in some doubt or confusion about what pathogen they had, what they consumed, where they consumed it, and even the sex of one of the children.
I’m not sure if Mark is making such a statement intentionally, but by now raising his contention that they all consumed spinach, he is reinforcing the fact that lots about these cases is confusing. The stories will only count for something if and when depositions are taken in preparation for a trial. At that point, lawyers can cross-examine the parents, children, public health officials, etc., etc. to point out inconsistencies.
I suspect at that point the confusion will be even more pronounced than it is now. So perhaps we should be glad we won’t be on that jury.
***
In response to Diane Reifschneider’s excellent comment on my previous post, I believe the Farm-to-Consumer Legal Defense Fund has confined itself only to cases that directly affect the rights of consumers to access nutrient-rich foods.
Lets see how long it takes to identify the pathogen and if all the victims have the same matching blueprint. The case were discussing on this blog started just like this. It involved many counties in California.
Go to http://www.ecoliblog.com for details
Thanks.
I wrote last June about my experiences buying and consuming raw milk in France.
http://www.thecompletepatient.com/journal/2007/6/30/a-french-view-of-raw-milk-nothing-added-nothing-lost-everyth.html
I suspect, though, that France may well be closer to the U.S. than to Mexico. Still, no matter where you are, I think a lot of the decision comes back to how well you know and trust the producer.
Shiga E. Coli Outbreak, Death Reported in Texas
An outbreak of Shiga E. Coli has officials in Texas working frantically to determine its source. The Texas Department of State Health Services (DSHS) issued a health alert after six cases of the serious diarrhea illness broke out in Bastrop County. Health experts say it is unusual to have this many cases of what appeared to be a food borne illness related to the Shiga E. coli toxin in just a few days. In addition to the six illnesses, one child died. Texass Lee and Fayette counties have joined Bastrop County in reporting outbreaks of the toxin.
On Friday, a news release issued by the Texas DSHS stated that the, Results of laboratory tests to identify a specific bacteria are pending. Shiga toxin illnesses are typically food borne. A common source for the illnesses has not been identified. The incubation period ranges from one to eight days, though typically it is three to five days and symptoms are gastrointestinal in nature. The Shiga toxin is rare; the U.S. Health Department says it only sees 100 to 200 cases a year, so the Central Texas outbreak is cause for concern.
Shiga is short for Shiga toxin-producing Escherichia coli, which is a type of enterohemorrhagicor E. coli(EHEC) bacteria that can cause illness ranging from mild intestinal disease to severe kidney complications. Other types of enterohemorrhagic E. coli include the common and often deadly E. coli O157:H7 which is quite virulent and produces a powerful toxin that can cause severe illness and even death and is the leading cause of food and waterborne illness in the U.S.
Typical symptoms of Shiga E. coli include severe abdominal cramping; sudden onset of watery diarrhea, frequently bloody; and sometimes vomiting and a low-grade fever. Generally, Shiga E. coli is mild and self-limited, lasting one to three days; however, serious complications such as hemorrhagic colitis, Hemolytic Uremic Syndrome (HUS), or post-diarrheal thrombotic thrombocytopenic purpura (TTP) can occur in up to 10% of cases. The toxin can also result in death in severe cases.
Cases and outbreaks of Shiga toxin-producing E. coli have been associated with the consumption of undercooked beef (especially ground beef), raw milk, unpasteurized apple juice, contaminated water, red leaf lettuce, alfalfa sprouts, and venison jerky. The Shiga E. coli toxin has also been found in poultry, pork, and lamb. Person-to-person spread, via fecal-oral transmission, may occur in high-risk settings like day care centers and nursing homes. Further studies are being done to better understand the modes of transmission. And, although anyone can become infected with the Shiga toxin, the highest infection rates are in children under age five. The elderly also account for a large number of cases.
In mild cases, antibiotics have not been shown to shorten the duration of symptoms and may actually make the illness more severe in some people. Some severe complications, such as HUS, require hospitalization.
Health officials are warning, if you have severe or bloody diarrhea, go immediately to the hospital. Patients may also experience abdominal cramps.
I hope that OP does not settle. I realize that some may settle just to stop the high costs of what can drag into a long court battle.
I think if he were to settle, even if no proof was shown; there are too many people who would look at that as an act of admission. And those who oppose the freedom to choose what they consume would win this battle in more ways than just OP or Claravale being put out of business. Underground raw milk? You betcha.
Last night, I watched part of that committee who is overseeing the fiasco with the slaughterhouse, I forget the guys name, I think he is from Mi or Mn? Anyway, I thought he was on a roll, he was really making the owner of the slaughterhouse look really bad…until he said that it appeared that all our foods should be "irradiated" for safety. He lost my cheering section with the word irradiated.
http://www.cdphe.state.co.us/dc/Epidemiology/stec_fs.html
Shiga toxin can be from many different avenues, not just food.
http://www.aafp.org/afp/20000401/tips/11.html
http://www.journals.uchicago.edu/doi/abs/10.1086/380634
Beware the leafy greens…or BBQ
http://www.kxan.com/Global/story.asp?S=7992595
http://www.kansas.com/news/nation_world/story/336686.html
Do you think our troops can sue kbr for giving them contaminated water?
http://www.nctimes.com/articles/2008/03/02/news/top_stories/21_36_423_1_08.txt#
Since no evidence that establishes such a link has been disclosed on this blog, the only logical conclusion that can be drawn is that Marlers investigations have unearthed several facts, of which we who have followed this situation for the last eighteen months or so on The Complete Patient are unaware. This evidence will undoubtedly be revealed as the pre-trial process unfolds. There must be more substance than the California Department of Health Services memo referenced in Marlers complaint because, while it may be close enough for government work, it is physically impossible that it qualifies as a preponderance of the evidence. Talk of settlements seems premature until all the new facts are revealedotherwise it seems the only choices that Organic Pastures has are (1) either succumb to Marlers extortion attempt or (2) take its chances with Marlers emotional blackmail of the jury.
In the absence of additional new facts and supporting evidence, this case should not even get to a jury, having been dismissed on summary judgment in the not too distant future by the trial judge for lack of evidence.
Someone, I think on this blog, said a while back, that most people who drink raw milk, research information about it and about those whom they buy it from before they begin to consume it.
The last two lines in the link you posted, says a lot to me. I would assume that Mary researched raw milk and knew of the risks, so "Why would someone want to go out and put their child at such risk?" (Keep in mind those are her words, not mine). The comments at the end of the article show that many believe it "has to be raw dairy" even without proof. The outbreak currently in TX. 3-4 counties have illnesses http://www.elgincourier.com/articles/2008/03/13/news/news04.txt and they still can’t find where it came from. How long did it take to alert those in the northeast of the contaminated pasturized dairy?
With all the propaganda against raw dairy and the push for irradiation,pasturization,etc, how will we win our right to choose and obtain our foods legally? I get flashbacks of that old movie, Soilent Green, in my mind.<shudder>