Bartaco Hepatitis A Class Action Lawsuit Filed

PORT CHESTER, NY — A class action lawsuit was filed Monday against the Port Chester restaurant whose employee exposed customers to the hepatitis A virus. The suit was filed in the County of Westchester New York Supreme Court against Barteca Restaurants, LLC, specifically the Bartaco Port Chester, LLC by Seattle Food Safety Law Firm Marler Clark, Rochester-based Underberg & Kessler LLP on behalf of Yonkers resident and plaintiff Crystal Lopez, and all others who were forced to obtain a blood test, get the hepatitis A vaccine and/or received immune globulin after being exposed to the hepatitis A virus while eating at the restaurant.

The suit was filed on behalf of all who were exposed to the hepatitis A virus as a direct result of their consumption of food that was manufactured and sold by Bartaco or their exposure to those who were infected with the hepatitis A virus after consuming hepatitis A-contaminated food at Bartaco, according to a Marler Clark spokeswoman.

On Oct. 25, county health officials announced that customers who had visited Bartaco between Oct. 12 and 23 had been exposed to the hepatitis A virus. Health officials estimate that more than 3,000 people, including plaintiff Lopez, obtained recommended immune globulin shots, along with blood tests and other diagnostic procedures.

County officials said one employee was infected with hepatitis A, and four patrons were diagnosed with the virus. More than 2,900 people have been given preventive treatment as of Monday, the county said.

SEE ALSO: Additional Vaccinations Available For Possible Hep A Infection

William "Bill" Marler is a personal injury lawyer and food safety advocate. He is the managing partner of Marler Clark, a Seattle, WA-based law firm that specializes in food-borne illness cases. Paul Nunes is a senior partner at Underberg & Kessler, which has been litigating food-borne illness cases with the Marler Clark office in New York for more than 15 years.

“Everyone has a right to expect that the food they are served at a public restaurant is free of contaminants and is safe to eat,” Nunes said.

The suit aks for damages that include loss wages, medical and medical-related expenses, travel and travel-related expenses, pain and suffering, emotional distress, fear of harm and humiliation, physical pain and physical injury.

Hepatitis A is a viral infection of the liver. The virus is commonly spread through contact with human stool. Symptoms include nausea, abdominal cramping, fatigue and fever. In young children, these symptoms can appear flu-like, but in some cases, do not appear at all. Symptoms most often begin two to six weeks after exposure and can last several weeks. Preventive treatment is only effective when administered within 14 days of exposure to the virus. After 14 days, there is no treatment, Marler Clark said.

Westchester County Department of Health has set up additional vaccination clinics for preventive treatment. A list of clinics and the dates by which someone who has been infected must be vaccinated can be found here.

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