If The Cow Moos at Midnight On the Day After the Full Moon, It’s Positive…
By Kathryn Russell
On Thursday, July 14th, 2005 Elizabeth Barrett of the Virginia Department of Health called me
and told me that four people had become ill and had drunk raw milk that was received from my farm.
She said that one person had gone to the emergency room on July 4 and had a stool sample that
indicated campylobacter. Dr. Barrett wanted to come out the next day and talk to me about this. I
asked who were the people who got sick and she declined to tell me, citing medical confidentiality.
She then asked for the names of all my share-holders, and I declined to provide them for privacy
reasons. I asked why she could not talk to me on the phone, as she was now, and was told it was
routine in cases like this to do a personal visit. We discussed having a milk test done to determine if I
had a cow that was asymptomatic yet throwing campylobacter in her milk.
I declined a visit the following day as my schedule would not allow it, but made an appointment
for the day after that, Saturday, at 11 am. I also asked her to send me an email that I could send out
to share owners, as she wanted to talk with them. I offered to email them with the option of talking to
her. She did send me the email, and I forwarded it to many shareholders. A few responded to her,
most did not care to. I also discussed with her the need to speak with the agent who would be doing
the milk test in order to establish the testing protocol. She requested fecal samples from all cows,
which I declined to have performed, as campylobacter is a ubiquitous bacteria present in the majority
of feces of most animals.
Saturday morning I got a call from Roy Crewz, of the Jefferson-Madison Health District asking
me if I thought it was necessary to meet that day. We discussed having the milk test done on Monday
and meeting at that time. I explained to him, also, that I would need verification from the dairy
inspector about the milk testing protocol, as well as confirmation from him, Crewz, about our meeting
time on Monday. I also gave him the number of a share holder who said that she would be happy to
talk with him.
I left a message later that day with his wife asking to have my call returned re: verification of
our meeting time on Monday, as well as milk test protocol. I heard from him Monday morning about
8:30 a.m. after emailing him that morning requesting the same. He seemed to not grasp that he had
NOT verified the time/date and that it was important, nor did he have the protocol. He did call the
dairy inspector, Mary Jane Wolfinger, who called me to discuss protocol. She told me to go ahead
and milk the cows, put the milk from the cows in a jar and she would use a sterile ladle and get it out
and into her sterile bags. I asked if I should cool the milk, and she said yes. When I had finished
milking the cows, I put the milk into jars, and the amounts left over were put into a clean container for
her to take her sample.
At app 12:00 noon on Monday, July 18, 2005, Roy Crewz, Elizabeth Barrett, and Mary Jane
Wolfinger came to the farm. We sat down in my family room, along with Attorney Norman Lampson
and Veterinarian and Shareholder Kitti Weilandt. We were joined later by Dr. Nice form
Commonwealth Veterinary Clinic.
I was told repeatedly, 15 times at one count, that they were not out to shut me down, or “get
me” but just wanted to do a thorough job on the case. I was told there was no case number. I
provided them with my shareholder protocol first off to answer any of those questions expediently.
Dr. Barrett was the primary leader of the discussion. She wanted to get lists of the shareowners and
asked questions about the “way the program worked” none of which were necessary or appropriate to
an epidemiological investigation. She would not answer when I asked what questions were posed to
the person who got sick, just that they “were covering it.” In response to questions on what other
leads they were pursuing she said, “We know how to do our job,” rather than share what was going
on.
I was asked if I sold cheese, which was totally irrelevant to the issue at hand.
I requested knowledge of the campylobacter strain involved, and was told it would be available
at the end of the week (18 days after the incident). They requested fecal samples from all cows,
which I declined to have performed for the reasons stated above. At some point in a rather loosely
run discussion, with little in the way of questions about the milk collection process itself (I was never
asked how I cleaned my equipment, or any such) I suggested we take care of the milk sample. Mary
Jane, myself, and Dr, Nice went in the kitchen, and I poured milk into bags that were labeled by Mary
Jane and Dr. Nice. At no time was it suggested that the milk should be directly pulled from the teat.
She did say normally she tests from bulk tanks so this was not her routine testing.
Dr. Nice left shortly afterwards, and I took them to the barn milk storage and showed them
where I chilled the milk and where I stored the milk for pickup.
We then looked at cows, and chatted a bit, and they left.
Around 1:45 pm, Tuesday, July 19, 2005, John Beers of VDACS called me to say that they
would NOT be running the samples Mary Jane Wolfinger and Dr. Elizabeth Barrett had taken, as they
were not taken according to protocol, and that they needed to be taken directly from the cow. After
concurring that I also felt that would be the best way, I explained that I had provided the milk sample
exactly as the dairy inspector had requested. He said I must have misunderstood, and that I was told
during the meeting that that method did not meet protocol. I let him know that I highly resented the
implication that I was uncooperative, as I had followed the protocol, and that at no time during the
meeting did Mary Jane suggest that the samples were not taken properly. He said he did not want to
expend the money to run the test. I asked how much it cost and he answered that is cost about
$20.00. I asked “Where does this go now?” and Beers indicated that it went back to the health
department, that VDACS was just doing the testing for them.
Some questions…
Now, why would the Head Honcho John Beers, Program Supervisor Office of Dairy and Foods,
call with such a small message?
Why would a career dairy inspector (Mary Jane Wolfinger) not only indicate a protocol that was
unacceptable, but go ahead and take the samples?
And why were the samples not immediately taken to the lab, as she indicated she was going to
do, rather than waiting till the next day, when the first 24 hours is extremely important in
campylobacter testing?
Why is it taking so long to isolate the strain?
And why, when all the illnesses reported were in one family/friend cluster, when one of the
people ill did not even come to the area or drink the milk, when there were 3 people that drank
abundantly from the milk and suffered no ill effects, and there has been no illness since, are they
concentrating their efforts on raw milk, especially when studies indicate that campylobacter does not
live in raw milk in any significant number after 4 hours?
CONTINUING:::::
July 19, 2005 I sent an email to Elizabeth Barrett, in response to two share owners’ requests
for a questionnaire that share owners could return by mail. The email bounced, and I received:
Your message with Subject: share owners could not be delivered to the following recipients:
Elizabeth.Barrett@vdh.virginia.gov
Please do not resend your original message.
Delivery attempts will continue to be made for 5 day(s).
I called the department and was told that the addresses were in the process of changing,
although this was the address that she had sent me emails from, so I emailed the following to her
again that day and did not receive a response:
I sent you an email yesterday indicting that several share owners responded that they would fill out a
questionnaire that they could send in personally if I provided it to them. If you would send me a
questionnaire in any MS program I would be happy to have them available.
No response as of 2 pm Thursday, July 21, 2005.
I sent an email on Thursday, July 21, 2005, to Mary Jane Wolfinger, dairy inspector, as follows:
Hello Mary Jane,
I need you to email me a set of protocols for a milk test. It needs to include:
Teat cleaning requirements
When to catch milk (first of milking, mid stream, end, or mixed)
How much milk to collect
What type of test collected for
Time before test must be cultured.
Thank you. BTW ************** says to say Hi!
I sent a copy to John Beers. When I called to get his email address, I was asked for my name.
I asked why I needed to give me name, and the lady stumbled a bit. I said I thought it peculiar that I
would have trouble getting a public email address. She said “Well, He ummm.” And then gave the
address.
I did not receive a reply. Late afternoon July 21, 2005, I sent another, with return receipt and
read acknowledgement.
I received a call from a share owner who had talked to Roy Crewz. Crewz had indicated that I
was uncooperative and would not give a sample from the teat…something that no one had asked me
for. Crewz also asked her (the milk share-holder) for a milk sample. She declined. In the course of
the conversation he asked if she had a local source for beef. She declined the question.
Another share holder who called Elizabeth Barrett reported the following conversation:
“Here are the questions she [Elizabeth Barrett] asked and my responses as best as I can
remember:
1. Are you an actual cowshare owner. We are only interested in speaking with the cowshare
owners. Yes, I am.
2. For how long have you had your cowshare? I don't know. Has it been one year, less than
a year, or more like two years? I am not sure, but well before this past July 4th. You can't tell me
whether it's been one year or two? No.
I'm just asking some simple questions...I realize but I don't understand the relevance of
your question since the only concern here is what took place possibly over the July 4th
weekend. Why don't you ask me instead whether I have been sick? Okay, I will, then...Great.
BUT... I don't understand why you called me if you're not interested in answering my questions. Why
don't I just read the questions and you just answer them. Why don't you read me the questions
and I decide which ones I want to answer and which ones I don't. Fine.
3. Have you experienced any gastrointestinal discomfort and/or diarrhea/stomach pains/fever
recently. No, definitely not. Have you ever experienced these symptoms after drinking the milk.
No.
4. How many shares do you have? I am not sure, but enough for me to have what i want
to drink. I just want to know how many gallons you get per week. Okay, I get one gallon per
week.
Do you go there to pick it up yourself? Yes. Do you pick up milk for anyone else? .. NO.
5. Do you share your milk with anyone else? Yes, occasionally my boyfriend will share
some with me. Anyone else? NO.
6. Do you mind my asking which cow you own part of? No, I don't mind...It's Jane.
7. What is your history with raw milk? Did you grow up with it as a child or is this your first
experience with drinking raw milk? I have had raw milk on and off throughout my life depending
on its availability.
8. What is your boyfriend's history with raw milk? I don't know. You'd have to ask him.
9. Do you mind telling me what county you live in? No, Albemarle.
So, Kathryn, that was the end of the questionnaire, but we did talk for a while longer.
She sensed my hostility and I sensed hers. She told me she was only doing her job. I said
that in my opinion she was not doing it well. If she were, we'd have clean water in Virginia, and the
people spraying dangerous chemicals on the apple orchard in close proximity to my house would be
questioned instead of Mrs. Russell, and the VDH would show some interest in testing my water for
safety levels of parathion. I told her that if the VDH were doing its job then companies like Monsanto
would be out of business and we'd all be free to purchase and consume the foods of our choice
without being bothered by the government. At this point she actually expressed some empathy
saying that she purchases only organic produce, organic milk, and fresh organic eggs for herself.
I was very politely aggressive with her. Most of the conversation was political from that point
on; although I did go to some effort to describe the impeccability of your character and of your farm. I
told her that you were extremely careful and vigilant with any and all products coming from your farm
because you want to be.... Not because you are forced to be.
She thanked me for being brave enough to call VDH, and I said I didn't think it was brave at
all. I said, unless we, the healthy consumers/owners call her, how else will she learn that it is more
likely that the source of the illness came from something eaten at a 4th of July picnic.
Let me know if you want more details. Anything you'd like.”
ANOTHER SHARE OWNER>>>
Another share owner talked to Roy Crewz, who indicated that they, folks at VDH, were not
getting any cooperation from me. The share owner asked why they did not offer questionnaires as I
suggested earlier (and was never responded to) and the answer was disingenuous, “Why how could
we tell who filled them out?” Well, slick, anyone could call and fake you out. The answer should have
been, “Because in personal contact we feel that we can manipulate you to provide information that is
irrelevant to the illness but useful to us in some other way for a purpose we do not choose to share.”
This share-holder was also asked for a milk sample.
So the samples taken WHEN MY VET TOOK CONTROL SAMPLES were not good enough,
but an UNCONTROLLED sample from someone’s fridge subject to transportation, contamination, and
not even the same cow is better?
Later on that afternoon I received the email from Elizabeth Barrett “explaining” why they would
not offer questionnaires. Below is her email:
Dear Mrs. Russell,
Thank you for your kind offer to distribute the questionnaires. When we conduct investigations, it is
important for us to have direct contact with the people from whom we are collecting information. Although we
think we have given your customers sufficient means to reach us either by telephone or email, if there are those
who would now like to participate, the offer remains open for them to contact us. I can be reached at (804)8648116 or by email: elizabeth.barrett@vdh.virginia.gov. Roy Crewz can be reached at (434)972-4305 or by
email: roy.crewz@vdh.virginia.gov.
As was discussed during the site visit, it is important for us to be able to test milk and fecal samples from the
cows. We would still like to have the Virginia Department of Agriculture obtain those specimens. If you have
decided to allow the cows to be tested, please let me know and I will make the arrangements.
Sincerely,
Elizabeth Barrett, DMD, MSPH
Now, keep in mind that several share-holders had called repeatedly only to get voice mail, and
they were not comfortable leaving contact information. It has taken some people numerous calls to
reach a real person.
And why does Elizabeth Barrett continue to want samples from multiple cows, or ask for fecals
when they have not even provided evidence of the strain….something which does NOT take 3 weeks
to get?
BEERS REPLIES
I had asked for a protocol for collecting milk on July 15, 16, 18, and, after the call from John
Beers on the 19th indicating that my samples were not good enough (I gave 3 samples), I emailed
Beers and Wolfinger (the dairy inspector) and asked for a specific protocol. I emailed several times,
and got a reply Friday, July 22, a full 8 days from my first request for sampling protocol. Good thing
these people are concerned about public health, eh?
Beers’ reply is below:
Ms. Wolfinger does not have an email address through our office.
[my comment: here is the email I rec’d from VDACS regarding Mary Jane Wolfinger’s
email address
Ms. Russell:
That email address is MaryJane.Wolfinger@vdacs.virginia.gov. If I can be of further
assistance, please do not hesitate to contact me.
Thank You.
Tonita Clark
VDACS
Division of Consumer Protection
Director's Office
Phone: 804.786.3523
Fax: 804.786.5112
So obviously she DOES have an email through their office.
I will attempt to answer your question; however, you will need to be more specific. I
could assume you are requesting information to assist you in the detection of
campylobacter in milk and perhaps feces but would prefer to know what you intend to test
for so that I provide you useful information the first time.
[My comment: Why is he dissembling when he knows very well what the issue is?]
The laboratory that will be testing the sample for you can tell you how much sample
they will need to perform the test and how the sample must be delivered and any time
frames within which it must be set up for testing. Much of this is dependent on the method
used for the testing. You should ask your laboratory for this information. The laboratory is also
a good source for information on sample collection technique as many test methods have
sampling protocols established for them. Some tests require advance notice to the
laboratory since they may take several days to complete or require special materials.
Testing must generally be completed before the laboratory closes for the weekend.
In general, milk sample collection from individual cows:
You must use sterile sample containers
You must clean and sanitize the udder prior to collecting the sample
There are a number of udderwash products on the market that can be used to clean
the udder. If you do not currently use one of the products, you could use warm water and
ivory soap to clean the udder and teats. Individual disposable towels are a good choice to
use as a wash rag. The udder and teats needs to be reasonable dry after cleaning. There
can be not water drops left to run down the teats. Individual disposable towels are a good
choice to dry the udder and teats with.
There are a number of teat dips and sanitizers you can use to sanitize the teats after
they have been cleaned. If you do not currently use a teat dip product or sanitizer you can
use a solution of chlorine and water at 200 parts per million (1/2 oz. [1 tablespoon] of Clorox
liquid bleach per gallon of water) or alcohol. You may not substitute another brand of
bleach for the Clorox.
You should identify your sample containers with the date, time of collection, id of cow,
and which quarter it was taken.
Samples should be taken from each quarter separately to lessen the chance of
contamination. Composite samples can be drawn in the lab from the four quarter samples
where the possibility of contamination is less. Since you are interested in knowing what the
cows may be shedding in their milk you will eliminate some potential for environmental
contamination by quarter sampling. You should also collect a composite milk sample from
the pail after milking for each cow for testing. If the quarter samples are negative and the
pail sample is positive the source may be environmental contamination.
Just prior to collecting the samples you should sanitize you hands and avoid touching
the rim of the sample container or any surface that may come into contact with the milk.
Never blow into a plastic bag or stick you fingers into it to make it open up. Instead, rub the
sides of the plastic bag between your thumb and fore finger until it separates and opens.
When collecting each sample you should not hold the sample container directly
beneath the teat and squirt the stream of milk down as this will allow contamination on the
hair and belly of the cow to fall into the container. Proper technique calls for the sample
container to be held to the side of the udder and away from the under the cow. The milk
stream is directed sideways into the container.
Prior to collecting the sample from each container, strip out and discard the first three
to four squirts of milk. The sample should be collected after milk letdown and represent milk
that was stored up in the udder and cistern.
Each sample should be filled to a minimum of four ounces with at least one inch of air
space above the milk in the container for agitation purposes. The sample should be placed
in an ice and water mixture with the top of the container held above the lever of the water
in the container. To avoid the possibility of water leaking into the sample, the top of the
container should never be underwater.
The samples should be delivered promptly to the laboratory and maintained in the
water and ice mixture until delivered.
These sample collection steps, if followed will help to insure valid samples are collected
that are not contaminated during the process. As with most things, practice makes the
collection process work smoothly. It is very difficult to perform these steps correctly the first
time you try it. I would recommend that you practice on several cows to get the steps in
order and to become proficient.
I do not have a protocol for collection of fecal samples from individual cows. I believe
that only a veterinarian should collect these samples as they require knowledge, gloves,
lubricant, sanitizer, and sample containers they would have.
John A. Beers
Program Supervisor
Office of Dairy and Foods
I still have not heard from Mary Jane Wolfinger.
And I still have not heard what the strain is. Why the secrecy?
The state epidemiologists are asking questions that are irrelevant and unrelated to the
process. They are asking for names despite the fact that they assured me they would not. They are
asking how many shares people have. None of these questions have a bearing on the discovery of
the illness presumed to have originated with milk for my farm.
Continuing….
July 25, 2005
The tests on my original samples taken by my vet came back and were negative for
campylobacter.
The vet has just taken another series directly from the cow, as per John Beers’ protocol, single
sample from each teat, both cows. They are sending them to two separate labs for analysis. This is
an expensive proposition, and one that is solely caused by the attitude and actions of the
bureaucratic sloppiness and untrustworthiness of the investigators.
While awaiting test results, my family has been drinking Jane’s milk, as has my company that
has been here. No sickness so far, and her’s has been solely our milk since July 15.
I talked to Watkins Abbitt, my delegate to the General Assembly. He indicated he had talked to
Mr. Armstrong, head epidemiologist, and that the case was closed “as they were unable to get
samples from only one of the sick people.” Then one hour later I received this email:
Dear Mrs. Russell,
The milk would be tested for Campylobacter. As was discussed during the site visit, it is important for us to
be able to test milk and fecal samples from the cows. If you have decided to allow the cows to be tested, please
let me know and I will make the arrangements with the Virginia Department of Agriculture.
Sincerely,
Elizabeth Barrett, DMD, MSPH
Senior Epidemiologist
Virginia Department of Health
Office of Epidemiology
109 Governor Street, 5th floor
Richmond, Virginia 23218
phone: (804)864-8141
fax:
(804)864-8139
My Response:
I have had milk tests taken for campylobacter by my veterinarian according to the protocol issued by John Beers and the
testing lab. As soon as the test results come in I will be glad to share them with you
I emailed her, as well as Watkins Abbitt.
I received a notice from VDACS that my FOIA request has been received. No response to my
FOIA request from VDH. They are running out of time.
I sent the following email to VDH.
Joseph Hilbert,
Executive Advisor to the State Health Commissioner
Dear Mr. Hilbert,
On July 19th I sent the following FOIA requests to your office
#1
Under the Freedom of Information Act please send me copies of any and all but not limited
to, memos, correspondence, emails, written reports, data received, medical records, test results, etc.
pertaining to the investigation involving the illness with respect any campylobacter report from the
sample from Lynchburg area hospitals reported on or about July 4, 2005.
#2
Under the Freedom of Information Act please send me copies of any and all but not limited to,
memos, correspondence, emails, written reports, data received, medical records, test results, etc.
pertaining to any reported campylobacter cases from the period of June 1, 2005 to date. (July 19, 2005).
I have not yet heard from you within the required time frame. Please advise.
Kathryn Russell
Continuing……….
July 28, 2005
Yesterday I was given the time frame of the illness by a person involved.
The following is the time frame to the best of my knowledge:
People involved:
3 sisters, their men folks and mother and friend of family
June 20-24 Sister A’s boyfriend in North Carolina got sick w/ Gastroenteritis IN NORTH
CAROLINA. Never drank milk, was not even in VA.
Sister A came to visit mother in VA. Sister A got sick w/ Gastroenteritis 27 th and 28th of June.
Sister B and her husband (in Virginia, visiting with family) got sick w/ Gastroenteritis July 2 for
2 days. Sister B had been out of town, so did not consume milk that others did prior to getting sick.
Friend of family sick w/ Gastroenteritis on July 3 for 2-3 days. Was well for a day, got sick
again and went to doctor for treatment on July 8.
Sister C, her spouse and her mother never got sick. They drank milk.
August 3, 2005
Nothing heard since the call to Watkins Abbitt. I did get a list of campylobacter cases and
locations from VHD, but NOT the complete FOIA request. Have not received anything form VDACS
yet. Will be re-contacting them today, re FOIA.
August 5, 2005
Received VDACS FOIA request information . There were 2 partial pages of notes, plus a cover letter
and 2 emails. (please contact Kathryn Russell for electronic copies) Note that EVEN BEFORE
coming out, and AFTER I spoke with Dr. Barrett and acknowledged the visit, including the dairy
inspector, they were supposing that I would not cooperate nor allow the inspector to come. THIS
despite several conversations regarding the dairy inspector getting samples and giving me a protocol
under which to operate. ..
August 9, 2005
Got a message from Creigh Deeds office. VDH and VDACS responded to him by letter. His
office forwarded copies to me, and the letters from VDH and VDACS had many factual errors.
From: Office of Sen. Creigh Deeds
Kathryn,
Sen. Deeds made an inquiry with both the Virginia Department of Health and VDACS
regarding your situation. We received the second of the two responses in the mail today. Sen.
Deeds is not in the office, so I am just going to put a copy of the letters in the mail to you today.
Thanks,
Tracy
ONGOING…UPDATE IN SUBSEQUENT NEWSLETTER(S)….