In recognition of the current coronavirus public health emergency, the Final Approval Hearing was conducted remotely by teleconference on April 30, 2020, at 9:30 a.m. The Court approved the Settlement and no appeals were filed.
On June 17, 2020, checks were mailed to members of the Class with accepted claims.
Notice of Class Action
If you received a Hepatitis A vaccination, a blood test, or immune globulin (“IG”) shot within 14 days of consuming food or drink products prepared at the bartaco restaurant located 1 Willett Avenue, Port Chester, New York, you could be eligible to share in a Class Action Settlement valued at $125,000.
You were eligible to make a claim for your share of $125,000 if you submited a claim by APRIL 3, 2020 and qualified as a Class Member.
What Is This Case About?
Plaintiffs seek to recover damages for the economic loss arising from obtaining a blood test, IG shot, and/or HAV vaccinations in response to alerts from the New York State Department of Health and Westchester County Health Department concerning potential exposure to HAV at the Restaurant between October 12, 2017, and October 23, 2017.
Who is covered by the Settlement?
For the purposes of the Settlement, the “Class” is defined as all persons (a) who were potentially exposed to Hepatitis A virus (“HAV”) as a result of the consumption of food or drink prepared at a restaurant owned by the Defendant Bar Taco Port Chester, LLC, known as “bartaco” restaurant, located at 1 Willett Avenue, Port Chester, New York 13165 (the “Restaurant”), between October 12, 2017, and October 23, 2017 (the “Class Period”), and (b) who obtained a blood test, HAV vaccine, or immune globulin (IG) shot within 14 days after such potential exposure.
Persons employed at the Restaurant during the Class Period are excluded from the Class.
If you qualify, how much will you receive?
- General Damages: The proposed General Damages Settlement provides for payment of general damages to each Class Member who submits a timely, qualified claim (“Claimant”). Each Claimant will receive as general damages a pro-rata share of the aggregate class amount of $100,000.00. Per person compensation will not exceed $100.00, although it may be less than $100.00 based on the number of claims received.
- Special Damages: The proposed Special Damages Settlement provides for special damages to be paid up to a limit of $25,000.00 in total compensation to the Class for reimbursement of documented, out-of-pocket expenses to Class Member who did not obtain free Treatment from a DOH facility. For example, if you have documentation showing the amount you paid for Treatment (whether the full amount or a partial payment), such documented amounts qualify for compensation as special damages. The amount paid by your insurer or by others is not recoverable as special damages. Each Claimant will receive 100% of their special damages, unless the total amount of special damages claims submitted by all Class Members exceeds $25,000.00; then each Class Member who submits a claim for special damages would receive a pro-rata share of the aggregate Special Damages Settlement of $25,000.00.
- Any remainder from the Special Damages fund will be added to the General Damages fund if the per person compensation amount is less than $100.00. Any remainder from the General Damages fund will be added to the Special Damages fund if the aggregate of Special Damages claims exceeds $25,000.00. Any remaining funds in either the General Damages fund or the Special Damages fund that are not distributed will be returned to the Defendant.
Are you a Qualified Claimant?
To be a Qualified Claimant, you must
- be a member of the Class as defined above;
- submit a complete and signed claim form that attests under penalty of perjury to your membership in the Class, your receipt of Treatment, and that you did not previously have HAV or that you did not previously receive an HAV vaccination prior to your October 2017 exposure to HAV at the Port Chester bartaco;
- if your Treatment was not provided by the DOH, then your claim form must be submitted with documentation from your medical provider showing your receipt of Treatment;
- to be a Special Damages Qualified Claimant, you must show out-of-pocket payment(s) for Treatment through the submission of receipts.