Marler Blog : Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

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The Outbreak

On July 16, 2008, the Connecticut Department of Public Health (CDPH) was investigating two cases of hemolytic uremic syndrome HUS as part of its routine surveillance. Interviews conducted in these investigations revealed that both children had consumed raw milk in the week before the onset of their illnesses. Both children had consumed raw milk produced by the Simsbury Town Farm Dairy. CDPH notified the Connecticut Department of Agriculture (CDA), and opened an investigation. In the following two weeks five additional confirmed and seven additional probable cases of E. coli O157:NM infection, each associated with consumption of raw milk from the Simsbury Town Farm Dairy with many linked to purchases at Whole Foods in Glastonbury, Connecticut.

As part of the investigation of the outbreak, CDA conducted an environmental inspection of the Simsbury Town Farm Dairy. CDA found a number of troubling practices at the dairy. These included: manual bottling of raw milk directly from the bulk tank; failure to cap valves; an improper seal around the shaft of the transport tank; and a biofilm protein residue found inside the transport tank. In addition, investigators found a number of “poor hygienic practices” at the dairy. Among these was the storage of a stainless steel milk tank in an exposed unsanitary bucket. In addition, investigators found a lack of hand soap, a lack of hot water and the hand-washing sink, and soiled floors. Flies were observed in the bulk milk storage tank room. The dairy workers were unable to identify the dairy’s sanitization process for glass milk bottles that were re-used. It was also noted that the glass bottles from the dairy did not feature the statutorily required consumer advisory language.

A laboratory study was also conducted. Of the six patients that cultured positive for E. coli O157:NM, 5 had a “genetic fingerprint” that was indistinguishable. The sixth varied very slightly on one test. Samples of feces from the cows at the dairy were also tested. One of the tests was positive for E. coli O157:NM of a strain matching that of the group of five patients. The CDPH concluded: “several findings from this investigation indicated that consumption of raw milk from Farm X [Simsbury] was the cause of the outbreak.”

The Victim

Kalee Prue, a 27-year-old mother of one, became infected with E. coli O157:NM in June, 2008, as the result of consumption of raw milk. Her symptoms began in early July, and intensified for several days. On two occasions, Kalee sought treatment in the emergency room. On July 12, it became apparent that she was developing HUS. She was then admitted to the hospital on July 13. Kalee’s renal failure was complete and prolonged, and she required plasmapharesis from July 13 through August 11. Severe anemia necessitated repeated transfusions with packed red blood cells as well. By the time she was released from the hospital on August 14, she had incurred nearly $250,000 in medical bills. Kalee has not recovered full renal function. She is at severe risk for long-term renal complications, including end stage renal disease (ESRD), dialysis, and transplant.

Risky Business - Why would a retailer, like Whole Foods, sell Raw Milk?