The More Time That Passes, The Bigger This OPDC E.coli Fish Story Gets
Tuesday, January 8, 2008 at 10:48AM 
There’s a game teachers and camp counselors sometimes play with groups of children. The kids gather in a circle and the teacher whispers a simple statement to one of the children, something very simple, like, “We milk the cows with special machines.” By the time the message is whispered from child to child, it comes out in the end entirely different, perhaps, “We eat machines with our cows.”
I get the feeling of that game and the inevitable distortion of simple facts in reading some of the posts about Organic Pastures Dairy Co.—primarily the posts by Melissa and Mary McGonigle-Martin. I had resolved not to go down this path—I have long felt that what they are doing with this whole matter is unhealthy—but their statements have become so outrageous I felt the need to say something.
Most serious is the strong suggestion that Mark McAffey, owner of OPDC, somehow got rid of the cows with the bad E.coli 0157:H7, or doped them up with antibiotics (which the authorities never spotted in all their tests). Maybe he had X-ray vision that allowed him to spot the problematic E.coli in the one or two or three problematic cows' intestines. Wait, maybe Superman helped him see inside the cows! The whole thing is so preposterous as to be almost laughable.
They back this version of events up by suggesting that California authorities waited too long to inspect OPDC—until late October, says Mary, some seven weeks or eight weeks after the children became ill.
And finally, Melissa suggests the state of California conducted an inadequate investigation because it tested “only” two-thirds of the cows.
Well, here are some facts. It's pretty clear that Mary and Melissa don’t want to hear facts, maybe can’t absorb facts, but the facts are that California authorities shut down OPDC and ordered a recall on Sept. 21, less than two weeks after the children were hospitalized at Loma Linda. I know because I wrote one of the first articles about it, on BusinessWeek.com.
A dozen or more authorities in special white toxic materials suits took poop, soil, packaging, and other samples from the farm. This went on for more than two weeks, until Oct. 6! Later in the month, they came back and took more samples.
This was a huge investigation by any government standards, by authorities who wanted, as much or more than Mary and Melissa, to find fault with OPDC because of their disdain for any dairy that distributes raw milk. Whether the authorities tested one-third or two-thirds of the cows, the investigation was huge--certainly more of an investigation than is usually conducted for a poor kid shot in Los Angeles or Boston. It was more of an investigation than is now being conducted on the Massachusetts dairy associated with the deaths of three individuals (plus a miscarriage) from pasteurized milk, where three inspectors are looking things over, six months after the first death.
Because the investigators didn’t come up with the results Mary and Melissa wanted, they minimize it. They throw out conspiracy theories. They cry on a lawyer’s shoulder. And you can be sure one or another will come back here and say, "Wait, the investigators came 17 days after the children first became ill, not less than two weeks. Aha. Gotcha!"
I’d add to Bill Marler that raw milk advocates don’t cheer investigations on Monsanto or Jack-in-the-Box. We only wonder why the investigations of these companies seem to be so much slower, less thorough, and less punitive than the ones of raw-milk dairies. We’re just talking about a double standard here—a double standard promoted by the public health and medical establishments, and encouraged further by some in the legal community.
And finally, I have to wonder why my suggestion that money might be a motivator in this and other such cases is characterized by Marler as "pathetic and shallow"? Since when is it pathetic and shallow--in these United States of America--to want to earn money from your profession? Isn't filing suits and collecting damages the way personal injury lawyers make money? Is that something to be ashamed of? I hope not, or at least, don't let the American Bar Association hear you say that. No, thou dost protest too much. Or, is Marler doing this work pro bono?
Reader Comments (39)
Bob Hayles
http://www.reformer.com/headlines/ci_7903847
I didn't bother forwarding the article to any of the usual newsgroups due to it's regional significance and generally low newsworthiness rating, but of course Doug Powell over at the International Food Safety Network couldn't let it pass without a snide comment or two. The headline of his blog entry is "Raw Milk: It's all About the Money" and he cherry-picks a few lines from the article to imply that farmers who offer raw milk are simply grubbing for an extra dollar. Of course Doug must not accept compensation for any of his work and all that money he gets from Monsanto goes directly to charity. :-)
http://barfblog.foodsafety.ksu.edu/
Bill Marler wrote: "I’ve always wanted to own land in Fresno and Paicines." Sorry to keep harping on this, but it dawned on me today that there's a huge difference between filing a civil suit to right a wrong, claiming damages for harm, or even threatening to do so, on behalf of actual victims, versus the above statement which, combined with:
"Despite its great success in reducing raw milk outbreaks during the past hundred years, government regulation and enforcement has not yet succeeded in wholly eradicating the sale of raw milk." [From 'A Legal History of Raw Milk in the United States']
...telegraphs an intent to use the authority of government regulators to eradicate sales of raw milk, whether by law, government regulation, bankrupting civil suit, or strong-arm tactics, like what the USDA did to the Fallaice family (Mad Sheep: The True Story of the USDA's War on a Family Farm http://www.organicconsumers.org/articles/article_2158.cfm)
Marler deftly conflates regulation with eradication, as if to suggest that regulating raw milk requires banning it entirely, implying that it is overwhelmingly likely to be contaminated and, therefore is always, in every case, a threat to public health.
I don't know Bill Marler's motivations with respect to raw milk. I assume he has done much good in winning damage claims for victims of food poisoning, much of which was caused by corporate food. I detect a qualitative difference between the posts on his personal blog (and {presumably} his posts on Food Poison Blog, also published by Marler Clark) which report food poisoning in non-milk food, versus his posts about cases of tainted milk. When the milk involved is pasteurized, he somehow manages to gloss over that fact, and then tell people to avoid raw milk. Missing is the discussion of the problems that can lead to 'mis-pasteurization'. Thus the linkage to raw milk is gratuitous, and evidence of a (not so) hidden agenda, in my opinion.
Saying that he'd like to own land in "Fresno and Paicines" can only mean one thing: he'd like to put OPDC and Claravale out of business. It's a general statement. It doesn't specify that he'd like to help client victims recover damages based on specific cases of poisoning caused by these two dairies. The statement was on his post about AB1735, not on a post about a case of food poisoning linked to either dairy. This telegraphs that the purpose of AB1735 is to put the two dairies out of business, as well as prevent any other off-farm sales of bottled raw milk in California.
I can guess, based on the attitude I detected in Bill Marler's posts here this week that he is a dynamic, effective courtroom lawyer. He has the fire. But he seems to have some kind of an emotional trigger when it comes to raw milk. Why that would be, I certainly wouldn't know. But it may just be like a shark's response to blood in the water. Having frequent contact with the FDA (and state regulators) I'd surmise that he may just be taking advantage of the opportunity to curry favor with them by jumping on the bandwagon and going after raw milk, in order to gain favorable treatment when his cases require cooperation with the FDA. Just my intuition.
That is one third of what it takes to make a good lawyer.
The other two are smarts/education, and he seems to have those at least to some degree, and ethics, something he obviously has none of.
The fire, smarts/education are enough to make an EFFICTIVE lawyer, but without the ethics, he'll never be a good one.
Bob Hayles
Correct fact are very important to me. I knew the cows were tested in October, but I never had the dates. I had the end of October in my head as to when they tested the cows (I didn't have paperwork in front of me). What occured at the end of the month was the reopening of the dairy--October 29th.
I correct my earlier statement of October 30th or 31st as to when they check the cows. It was earlier in the month.
Sorry for the incorrect dates. I'm not trying to mislead anyone.
By the way--OUCH!
David, correct me if I am wrong, The state swooped in on Sept 22 and then again on Sept 27th, I can assume that they tested samples BOTH times? Is that right? And according to some of the posts on this blog, they again came in and tested a third time in OCT?
With as bad as the "powers that be" want to shut down raw dairies, I am quite sure they would've found something that would have been a positive slam on OP. It apparently was not done, and in the end paid $$$ for thier slander.
"Raw milk all about the money"? Now that is laughable! Don't people go into buiness to make money? If I bill for my time, that bill will entail all expenses and there would be some form of profit. What would be the point of being in business if you don't make a profit? Hmmm If raw milk is all about money, where does that place the huge corporations? Off the scales no doubt.
It's about time you said something. I am sure you have bitten your tongue long enough. I was being sarcastic about the antibiotics, but hook line n' sinker, it's jumped on by the finger pointer and it becomes a part of the whole conspiracy theory.
Both finger pointers have nothing and they know it.
They both can't let it go and they definitely have become one of many who are looking to get paid because they feel someone owes them for what happened to THEM.
This is not about Lauren or Chris. They probably want nothing more than to just be children, or we would see them on this blog and they would hire their own attorney. This is about ego, being right and hurting thousands of people who need and want raw dairy. Pour pure selfishness and some money hungry on top of that and you will find the concoction that was probably started with the two finger pointers in the hallways of the hospital.
The finger pointers started it, if I am correct, and now they will end it no matter what it does to any of us! I feel for their children because these ethics that their parents have will be taught to them in some way, shape or form.
I don't feel bad one bit with the OUCH statement.
Therapy needed! Badly! They both deserve to be put in their places. It really doesn't matter what you say, anyway, David, they know they are right and there is no HARD EVIDENCE that will change their minds.
I think we are all pretty certain of that on this blog.
One finger pointer knows it all and the other finger pointer knows it all, yet they apologize for not knowing it all. Makes very little sense to me. Will make even less sense to an attorney.
Good luck Mr. Marler, you are going to need it. If I were you, I would think twice about taking this case, especially since you don't know IT ALL dealing with the twisted tails of the finger pointers.
OPDC was under forced shutdown for the entire period, Sept. 21-Oct. 6. The authorities were in for much of that time, not just testing animals, but pretty much turning the place upside down, inspecting and testing equipment, supplies, soil--anything not nailed down. My understanding is that they came back at least a third time in late Oct.
To rollingmyeyestoo, I really hate to psychoanalyze or pass personal judgment. I continue to think Mary and Melissa are well meaning individuals who went through a terrible experience and have had a difficult time resolving it. I don't think any of us can say for sure how we might behave in such a situation. My sense is that dwelling on, continually re-living, and trying to change the outcome of some "accident" isn't productive. Better to move on.
I want to thank everyone that has kept us in prayer, and offered financial support and other help. I was so close to just going “townhouse”. (when things get real horrid, that is our term for abandoning this life)
Every time I would get a completely overwhelming moment, someone would come through with a resource to bring me back up.
We now have a 10 x 16 run in shed to milk under, a new-used vacuum pump and motor, and buckets, enough hoses (ours were ruined) to be able to get water to most of the animals, a chicken house so that the surviving chicken are not crawling on top us when we milk, and a tractor trailer trailer for dry storage. This is such an outpouring of support that I am so amazed. Farmers, in you time of discouragement, I can tell you there is community out there that DOES care. My husband is starting to feel better, after a month of severe illness starting the weekend before the fire, and has gone back to work, slowly, this week, and light is shining at the end of the tunnel.
It is going to be a long haul, much of what we can never recover. As a self-professed book-a-holic, who has raised a houseful of the same, we have lost over my lifetime worth of books. (I inherited a lot of my grandparent’s library, as well as a lot of my parent’s when they sold their house 2 years ago and are living in an RV) Missouri Ruralist magazines from the 30’s up, Original hard backed signed set of Little House books. Clothes and Dan River mills material. My first bible, leather bound King James red letter . My mother’s and oldest daughter’s wedding dresses. My quilting frame and tops that I had made for my children to be quitted when they got married. Almost all our homeschooling resources, and my midwifery books and stuff. (One of my daughters has my pelvis, though, so that was saved) And considerably more that is irreplaceable.
Farm Bureau Insurance left a message yesterday--- 3 weeks after the fire, that they will be covering the structure. No other commitment, but a start! Could not reach anyone for clarification, but that is the FIRST commitment they have made to cover anything so far. Also, got a letter from the adjuster on Tuesday that we can start clean up. Lots of work ahead on inventorying and cleaning up.
But we have found a great blessing in all YOUR prayers and help. We have been running on empty, but continue to be supplied with what is needed at the time it is needed.
All this is to not only say THANKS but to let you all out there realize in a real, down to earth way that the organic growth of a community of caring and believing people, who support one another in the choices for living and eating is happening and growing. May we continue to bless each other in the face of struggles. Struggles with the Statism running rampant, with corporatism masking itself as capitalism, with a population that is buying an illusion of security with shackles of slavery. We still have opportunities and choices worth fighting for. The silver liing in this cloud is the affirmation that what we have is worth fighting for, what we are doing is worthy, and beig there for each other is what we are about. Thank you, David for what you are providing here in keeping us informed and making connections, and please, none of you out there underestimate the power of strength of conviction and community.
Your last comment was real nice to read. Truly, family, neighbors, communities, and even committed strangers are doing more to help those in need in this country than we may ever realize.
(FYI, you can see post about a representative episode on my website, at http://www.mundanedaily.com/?p=41)
What you aptly call "the power [and] strength of conviction and community" is the best hope we have for a successful America.
http://www.wnd.com/news/article.asp?ARTICLE_ID=59581
Amanda
If someone doesn't believe in their post or position enough to "own" it by signing it with their real name, delete the post. Cowards hide behind anonyminity, and I have found that cowards have vrey little worth listening to anyway.
Bob Hayles
Thornberry Village Homestead
Jasper, GA
You are absolutely right. Who wouldnt turn every rock? When it comes to your children, there is no end. Especially when your child is still suffering the consequences.
What some are failing to see is YES, there was nothing found on the dairy, but there was nothing found in any of the other sources either. So that tells those FINGERPOINTING mothers, that the next probable cause was the ONE food item that they all had in common. No one is trying to single out ONE person, ONE place....Its just what makes sense.
The place where this story gets haywire, is all of the twisted versions that were told along the way. There are still different versions being told to this day so why not set the record straight.? There is NO reason for everyone to take Lauren and Chris' illnesses so personally. I highly doubt that two mothers got the state of California to shut down OPDC. There were 4 other cases involved!!!