Class Action Lawsuit filed Against Bartaco Port Chester


Westchester, NY – A class action lawsuit was filed Monday in the County of Westchester New York Supreme Court against Barteca Restaurants, LLC, specifically the Bartaco Port Chester, LLC. Marler Clark, the Seattle Food Safety Law Firm, and Underberg & Kessler LLP, located in Rochester, NY, filed the lawsuit on behalf of the named plaintiff, Crystal Lopez, and all others who were forced to obtain a blood test, hepatitis A Vaccine and/or received Immune Globulin after being exposed to the hepatitis A virus at Bartaco.

The “shot class” includes all persons who were exposed to the hepatitis A virus as a direct result of either their consumption of food that was manufactured and sold by Bartaco, or their exposure to persons who were infected with the hepatitis A virus after consuming hepatitis A contaminated food at Bartaco.

On October 25, 2017, Health Officials announced that customers who had visited Bartaco between the dates of October 12th and 23rd had been exposed to the Hepatitis A virus. Health officials estimate that over 3,000 people, including the plaintiff obtained recommended Immune Globulin shots along with blood tests and other diagnostic procedures.

William "Bill" Marler is a nationally recognized personal injury lawyer and food safety advocate. He is the managing partner of Marler Clark, a Seattle, Washington, based law firm that specializes in foodborne illness cases.   

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

Paul V. Nunes is a senior partner at Underberg & Kessler LLP (Rochester and Buffalo, NY) who has been litigating food-borne illness cases with the Marler Clark office in New York State for over 15 years.   

Hepatitis A is a viral infection of the liver. The hepatitis A 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. Preventative treatment is only effective when administered within 14 days of exposure to the virus. After 14 days there is no treatment.

If you would like to speak to Mr. Marler and get a copy of the complaint, please contact Lauren Fricke at lfricke@marlerclark.com or 1-206-346-1893.