Legal Notice

The Settlement received approval from the Court on June 18, 2019.

When Will Settlement Checks Be Mailed to Claimants?

The Court’s Order approving the Settlement will not be considered “final” until after the 30-day appeal period has expired, which will be July 18, 2019. After the Order becomes final, the Class Administrator has 30 days to mail the Settlement Checks. Thus, Settlement Checks will be mailed on or before August 17, 2019.

If you received a Hepatitis A vaccination, a Hepatitis A blood test, or immune globulin shot in November 2015 after purchasing food or drink products at the McDonald’s Restaurant located at 2500 Mound Road, Waterloo, New York, you could be eligible to share in a Class Action Settlement valued at $250,000.

A Settlement has been reached in the lawsuit entitled Welch, et al., v. Jascor, Inc., d/b/a McDonald’s Restaurant (Index No. 49796-2016), pending in the State of New York Supreme Court in the County of Seneca.

What Is This Case About?

This lawsuit asserts class claims for breach of warranties and negligence to recover damages for physical injury and economic loss arising from obtaining immune globulin, and/or Hepatitis A virus (‘HAV”) vaccinations in response to the New York State Department of Health and Seneca County Health Department (collectively ‘DOH’) alert for potential exposure to the HAV by consuming food or drink from the Waterloo McDonald’s between October 31, 2015 and November 8, 2015.

Who Is Included in the Settlement?

The “Class” includes all persons who:

  1. consumed food or drink products between October 31, 2015 and November 8, 2015 (the “Class Period”) purchased from the restaurant owned by Defendant Jascor, Inc., d/b/a McDonald’s located at 2500 Mound Road, Waterloo, NY 13165 (the “Restaurant”);
  2. subsequently obtained a Hepatitis A blood test, an immune globulin (IG) or Hepatitis A virus (HAV) vaccine within 14 days of consuming food or drink products purchased from the Restaurant during the Class Period; and
  3. did not afterwards become infected with the Hepatitis A virus.
  4. NOTE: Persons employed at the Restaurant during the Class Period are excluded from the Class.

What Does the Settlement Provide?

Each Qualified Claimant will receive as general damages a pro-rata share of the aggregate class amount of $250,000.00 (“Class Fund”). In addition, the named representative, Christopher Welch, will receive $1,000.00 in compensation to be paid out of the Settlement Fund.

How Do I Receive Payment?To receive payment, you must be a member of the Class and submit a signed claim form by MAY 2, 2019. If you do not submit a complete and timely claim form, you will not be entitled to payment.