Family Cow Raw Milk Campylobacter Outbreak Looming Large as I Debate Raw Milk at Harvard Law School
I will be participating in a raw milk debate at Harvard Law School tonight sponsored by the Food Law Society. My partner, Dr. Heidi Kassenborg, and I will be debating Sally Fallon Morell, president, Weston A. Price Foundation, and her debate partner, David Gumpert, author of The Raw Milk Revolution.
The debate starts at 7:00 at Harvard Law School, Langdell South Room, Boston, Massachusetts, 1563 Massachusetts Avenue, Cambridge, MA. There will be a livestream of the event and it will be archived on YouTube.
The debate comes during the largest outbreak of illness linked to raw milk in the last ten years. There are now 76 confirmed cases in an outbreak of Campylobacter jejuni infections linked to raw milk produced by Shankstead EcoFarm in Pennsylvania and sold under the Your Family Cow brand at The Family Cow dairy in Chambersburg, Franklin County, Pennsylvania. The most recent information from the Pennsylvania Department of Health is as follows:
76 total cases: 66 in PA (increase by 4 from yesterday), 5 in MD (increase by 1 from yesterday), 2 in NJ, and 3 in WV.
Onset dates range from January 17 to February 1, 2012.
PA County breakdown: Franklin 18, Adams 1, Wyoming 1, Chester 6 (increase by 1 from yesterday), Dauphin 2, Cumberland 6, York 7 (increase by 2 from yesterday), Lancaster 8, Delaware 6 (increase by 1 from yesterday), Bucks 6, Allegheny 1, Montgomery 3, and Northampton 1.
The Maryland Department of Health and Mental Hygiene Laboratories Administration confirmed the presence of Campylobacter jejuni in two unopened raw milk samples purchased from The Family Cow dairy.
Victims of this outbreak can contact me at 1-888-377-8900 (toll free) or by submitting the free consultation form.
Raw Milk is Inherently Unsafe and Responsible for Repeated Outbreaks
In my line of work representing victims of foodborne illness, I have frequent contact with food safety experts including microbiologists, epidemiologists, sanitarians and infectious disease physicians. Not once have any of these experts ever recommended consumption of raw milk.
Why? Because EXPERTS, the people who have studied, trained, conducted experiments, treated patients and written peer-reviewed articles (not pseudo-scientists who BELIEVE something to be true), know that raw milk is inherently unsafe. Raw milk is responsible for repeated outbreaks and will continue to cause injury and death no matter what its proponents claim to the contrary.
Need proof? Look no further than this month’s raw milk outbreak involving fourth graders at a public school in Wisconsin.
In Racine County, Wisconsin a parent (!) brought raw milk to a school event. Sixteen people, including at least nine children, were poisoned with Campylobactor jejuni bacteria after consuming the donated milk.
According to Wisconsin officials, this incredibly stupid action on the parent’s part was not illegal. Apparently, any person who lawfully purchases raw milk can give it away to anyone with impunity.
Proponents claim that consumption of raw milk is healthful, nutritious and a matter of personal choice. Their argument is that if a person knows of the risk (which they claim is de minimis) and chooses to encounter it, it is that person’s choice and the state should not intrude.
Fair enough. Except, that a) there is no proof raw milk is healthier than pasteurized milk; b) the risks associated with raw milk are not de minimis; c) when people become ill from raw milk, as some inevitably will, we all (not just the victim) have to pay for it, and d) as this case tragically illustrates, “freedom of choice” does not prevent innocent children from being harmed.
According to a Wisconsin newspaper, “bills to legalize the sale of unpasteurized milk have been introduced in the Legislature in the past. One passed last year, but former Gov. Jim Doyle vetoed it citing the danger to public health.” Enough said.
Attorney Fred Pritzker represents campylobacteriosis victims and their families nationwide. He is currently representing a man who consumed raw milk contaminated with Campylobacter, developed Guillain-Barré syndrome (GBS) and is now paralyzed. Mr. Pritzker can be reached at 1-888-377-8900 (toll free) or by submitting our contact form.
Consumers Need to be Warned about the Dangers of Raw Milk
One of the troubling issues about the sale of raw milk is that consumers are not adequately warned about the risks. I represent people sickened by raw milk due to contamination with Campylobacter jejuni, E. coli O157:H7 and other dangerous pathogens. Raw milk can cause kidney failure, paralysis and death. I know because I have stood by the bedsides of people who innocently drank raw milk and ended up hooked up to life support fighting for their lives.
I don’t frankly care if raw milk advocates drink it at their peril. But I do care, passionately, when they harm people who are simply curious about raw milk, don’t realize their milk and dairy products are unpasteurized, are too young to protect themselves, or didn’t even consume any raw milk products (but were infected by someone who did). Since it is impossible to indulge the former and protect the latter, raw milk will remain a public health hazard. It is therefore, critical that sellers of raw milk be required by law to post information about the risks of consuming raw milk, including the risks of kidney failure, paralysis and death. This warning should be posted on every bottle of raw milk sold and on every raw milk product.
In addition, before raw milk can be distributed, sold, or in any way provided to a consumer (this includes consumers who buy a “share” in a cow), the following information from the Centers for Disease Control and Prevention (CDC) should have to be provided to the consumer:
Raw (Unpasteurized) Milk
Raw milk can carry harmful germs that can make you very sick or kill you. If you’re thinking about drinking raw milk because you believe it has health benefits, consider other options.
Trying to decide about raw milk?
Developing a healthy lifestyle is a process with many decisions and steps. One step you might be thinking about is adding raw milk to your diet. Raw milk is milk that has not been pasteurized to kill harmful germs. Germs include bacteria, viruses, and parasites. It’s important to understand the risks of drinking raw milk, especially because you may be hearing claims about the supposed “benefits” of raw milk.
Raw milk contains bacteria, and some of them can be harmful. So, if you’re thinking about consuming raw milk because you believe that it is a good source of beneficial bacteria, you need to know that it isn’t and you may instead get sick from the harmful bacteria. If you think that certain types of bacteria may be beneficial to your health, consider getting them from foods that don’t involve such a high risk. For example, so-called probiotic bacteria are sometimes added to pasteurized fermented foods, such as yogurt and kefir.
Milk and products made from milk need minimal processing, called pasteurization, which can be done by heating the milk briefly (for example, heating it to 161°F for about 20 seconds). When milk is pasteurized, some bacteria remain in it, but the disease-causing ones are killed. Harmful germs usually don’t change the look, taste, or smell of milk, so only when milk has been pasteurized can you be confident that these germs are not present. To ensure that milk is safe, processors rapidly cool it after pasteurization, practice sanitary handling, and store milk in clean, closed containers at 45°F or below.
Remember, you can’t look at, smell, or taste a bottle of raw milk and tell if it’s safe to drink. Make the best decision for the health of your family. If you want to keep milk in your family’s diet, protect them by not giving them raw milk. Even healthy adults can get sick from drinking raw milk. If you’re thinking about drinking raw milk because you believe it has health benefits, consider other options.
Who is at greatest risk of getting sick from drinking raw milk?
The risk of getting sick from drinking raw milk is greater for infants and young children, the elderly, pregnant women, and people with weakened immune systems, such as people with cancer, an organ transplant, or HIV/AIDS, than it is for healthy school-aged children and adults. But, it is important to remember that healthy people of any age can get very sick or even die if they drink raw milk contaminated with harmful germs.
What are the risks associated with drinking raw milk?
Raw milk can carry harmful bacteria and other germs that can make you very sick or kill you. While it is possible to get foodborne illnesses from many different foods, raw milk is one of the riskiest of all.
Getting sick from raw milk can mean many days of diarrhea, stomach cramping, and vomiting. Less commonly, it can mean kidney failure, paralysis, chronic disorders, and even death.
Many people who chose raw milk thinking they would improve their health instead found themselves (or their loved ones) sick in a hospital for several weeks fighting for their lives from infections caused by germs in raw milk. For example, a person can develop severe or even life-threatening diseases, such as Guillain-Barré syndrome, which can cause paralysis, and hemolytic uremic syndrome, which can result in kidney failure and stroke.
Aren’t raw or natural foods better than processed foods?
Many people believe that foods with no or minimal processing are better for their health. Many people also believe that small, local farms are better sources of healthy food. However, some types of processing are needed to protect health. For example, consumers process raw meat, poultry, and fish for safety by cooking. Similarly, when milk is pasteurized, it is heated just long enough to kill disease-causing germs. Most nutrients remain after milk is pasteurized. There are many local, small farms that offer pasteurized organic milk and cheese products.
I’ve heard that many organic and raw milk producers are creating sanitary and humane conditions for raising animals and producing “safe” raw milk and raw milk products (like cheeses and yogurts). Does this help reduce milk contamination?
Adherence to good hygienic practices during milking can reduce, but not eliminate, the risk of milk contamination. The dairy farm environment is a reservoir for illness-causing germs. No matter what precautions farmers take, and even if their raw milk tests come back negative, they cannot guarantee that their milk, or the products made from their milk, are free of harmful germs.
- Germs such as Escherichia coli O157, Campylobacter, and Salmonella can contaminate milk during the process of milking dairy animals, including cows and goats. Animals that carry these germs are usually healthy.
How does milk get contaminated?
Milk contamination may occur from:
- Cow feces coming into direct contact with the milk
- Infection of the cow’s udder (mastitis)
- Cow diseases (e.g., bovine tuberculosis)
- Bacteria that live on the skin of cows
- Environment (e.g., feces, dirt, processing equipment)
- Insects, rodents, and other animal vectors
- Humans, for example, by cross-contamination from soiled clothing and boots
Pasteurization is the only way to kill many of the bacteria in milk that can make people very sick.
Information about raw milk-related outbreaks
States that allow the legal sale of raw milk for human consumption have more raw milk-related outbreaks of illness than states that do not allow raw milk to be sold legally.
Among dairy product-associated outbreaks reported to CDC between 1973 and 2008 in which the investigators reported whether the product was pasteurized or raw, 82% were due to raw milk or cheese. From 1998 through 2008, 86 outbreaks due to consumption of raw milk or raw milk products were reported to CDC. These resulted in 1,676 illnesses, 191 hospitalizations, and 2 deaths. Most of these illnesses were caused by Escherichia coli O157, Campylobacter, or Salmonella. It is important to note that a substantial proportion of the raw milk-associated disease burden falls on children; among the 86 raw dairy product outbreaks from 1998 to 2008, 79% involved at least one person less than 20 years old.
Reported outbreaks represent the tip of the iceberg. For every outbreak and every illness reported, many others occur, and most illnesses are not part of recognized outbreaks.
Criminal Prosecution in Food Contamination Cases Practically Nil
I had the opportunity to discuss the lack of criminal prosecutions in food contamination cases on Minnesota Public Radio. Below is the MPR audio of the program, which focuses on the case of dairy farmer Michael Hartmann, whose raw milk and other dairy products were linked to outbreaks of E. coli and Campylobacter in Minnesota in 2010.
Below is an excerpt from the radio program:
“The level of prosecution in food-borne illness cases is practically nil,” said Fred Pritzker, a Minneapolis attorney who specializes in seeking damages for food contamination victims.
“In all the years that I’ve been doing this I have yet to see a manufacturer, producer, actually prosecuted and convicted for any outbreaks,” he said.
The most recent example is the salmonella-contaminated food products sold two years ago by the Peanut Corporation of America, Pritzker said. Nine deaths and hundreds of illnesses are attributed to its tainted peanut butter and other items.
Pritzker represented the families of three Minnesota residents killed in the outbreak. He said even though emails show company officials knew the peanut butter could be contaminated, a two-year federal criminal probe has failed to indict anyone.
“If that case doesn’t get prosecuted then really I think it’s sending the signal that they’re not going to do much of anything unless somebody basically says ‘I want to harm someone’,” he said.
Pritzker said prosecutors are reluctant to tackle cases unless they can win big sentences. In some cases food law only provides misdemeanor penalties.
A proposed law in Congress would change that. Co-sponsored by Minnesota Senators Klobuchar and Franken, it would impose felony sentences on anyone who knowingly contaminates the food supply.
Pritzker Olsen Files Campylobacter Lawsuit on Behalf of Raw Milk Consumers
Using local counsel in Pennsylvania, our law firm is representing James and Maureen Orchard in a lawsuit against a dairy in New Castle, Pa., that health officials discovered sold raw milk contaminated with Campylobacter. Mrs. Orchard became seriously sick and sore and Mr. Orchard is paralyzed as a result of his infection. He developed Guillain-Barre Syndrome and is now under intensive hospital care, breathing through a respirator.
Here is a press release that went out today on the filing made in the Court of Common Pleas in Allegheney County:
For Immediate Release
MINNEAPOLIS (Business Wire) — Pritzker Olsen law firm has filed a lawsuit through its local counsel on behalf of James and Maureen Orchard, a Pittsburgh-area couple sickened last month by Campylobacter after drinking raw milk produced by Pasture Maid Creamery LLC of New Castle, Pennsylvania.
The Pasture Maid Creamery lawsuit was filed today in the Court of Common Pleas in Allegheney County. It alleges that 67-year-old James Orchard became paralyzed from a Campylobacter infection he suffered from unpasteurized Pasture Maid milk that health investigators later found to be contaminated.
According to the complaint, Mr. Orchard and his wife purchased the milk March 16 from McGinnis Sisters Special Foods store in Mars, Pennsylvania. The retailer is named in the suit along with the creamery and its owner, Adam Dean.
While Mrs. Orchard became seriously sick and sore, her husband began to experience a loss of sensation and movement. As his infection developed into Guillain-Barre syndrome, he became totally paralyzed except for minimal movement of his head and the ability to blink his eyes. He was placed on ventilation equipment and is still unable to breathe on his own in a Pittsburgh area hospital. Mr. Orchard requires around the clock intensive care.
Fred Pritzker, the Orchards’ attorney said, “Raw milk is a dangerous product that should not be sold to the public. Virtually every health department, federal, state and local, recommends against its use. It is particularly dangerous for young children, people with compromised immune systems and the elderly. This case tragically illustrates how unsafe raw milk is.”
According to the complaint, the Pennsylvania Department of Health found Campylobacter bacteria in raw milk samples from Pasture Maid. On March 25, 2010, the Pennsylvania Departments of Health and Agriculture advised consumers to discard Pasture Maid brand raw milk and recommended that Pasture Maid Creamery stop selling the product. On April 5, 2010, the Pennsylvania Department of Agriculture suspended Pasture Maid’s permit to sell raw milk for human consumption.
Raw milk is milk that has not been pasteurized. Pasteurization, a “kill step,” destroys pathogens like Campylobacter and E. coli O157:H7 with high heat.
Pritzker Olsen law firm, headquartered in Minneapolis, MN, represents individuals and families nationwide in cases involving foodborne illness. The firm is involved in virtually every major foodborne illness outbreak and has obtained some of the largest verdicts and settlements in foodborne illness cases. Attorney Fred Pritzker can be reached at 1-888-377-8900 (TOLL FREE).
Fred Pritzker On Newsmakers
