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acquired from raw milk. The assessment was a statistical guest-imation based on many
unknown variables. Dr. Nancy Mann, PhD Biostatistics, UCLA 1965, Exhibit B, refutes
the statistics. She indicates that the conclusion that any milk caused the sporadic 241
cases studied was improbable. She states that if milk had been the cause, there would
have been an epidemic. There was no epidemic; only sporadic incidences. Other flaws
with the Assessment were: It was not known the reason a case reviewed entered a
hospital or saw a doctor; the case histories do not tell cause of death in the 36 who,
later, were reported dead in that 3-years period; and at least 3-4 weeks had elapsed
when the case histories were taken. People do not remember what they ate yesterday
much less a month ago. “It is very difficult, if not impossible to identify, in an individual
case, which of the possible risk factors caused the illness,” said Dr. Benson Werner,
epidemiologist with the California Department of Health Services. The UCLA
Assessment was based on analysis of questionnaires and mathematics, not clinical or
empirical science.
DHS Report, p. 4, ¶ 3, lists an epidemic of Listeriosis “linked” to soft cheese that
contained raw milk. The court ruled in this case that raw milk was not responsible.
DHS Report, p. 4 ¶ 5, states, “…ten people statewide…were confirmed with Salmonella
typhimurium….who stated they had consumed raw milk in the week prior to their illness.”
Milk was not all that they ate. Dr. Werner, testified in court about Salmonella
typhimurium, the “…most common Salmonella infection in humans in California each
year… Salmonella typhimurium is such a large category, it receives probably half of all
cases…could be in any food… it could be related to person to person transmission and
other sources.” The Report continues, “Molecular fingerprinting determined that the
strain from ill persons was the same as found in raw milk.” Dr. Werner said, that strain is
every where. If someone drinks out of the bottle, as many milk drinkers do, they place it
in the milk. There is no empirical evidence that raw milk has caused S. typhimurium. As
Dr. Mann said, if the milk had been the cause, there would have been an epidemic.
There was no epidemic. The other cases cited in DHS Report fail on the same grounds.
DHS Director Mark Finucane’s letter of January 24, 2001, p.2,¶ 2, he stated that the LA
County inspection system was superior to the State inspection system. Claravale
moved from the city in which it had been for nearly 70 years. The move and upgrade is
complete and Claravale now functions according to State regulations.
In his letter, p. 2, ¶ 2, Mr. Finucane raised the concern about raw milk being
“substantially higher risk of serious infections, and some of which can be transmitted to
others.” DHS Report, p.2. expressed concern over bacterial counts in raw milk. The
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