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Settlement proposed in 2015 hepatitis scare at Seneca Falls McDonald’s

Did you consume food or drink at the McDonald’s Restaurant on Mound Road from Oct. 31 to Nov. 8, 2015?

A class action lawsuit filed in November 2015 states that anyone who did and who subsequently obtained a Hepatitis A blood test and immune globulin or Hepatitis A virus vaccine within 14 days of consuming the food or drink and did not afterwards become infected with the Hepatitis A virus is eligible to join the class in the suit.

“There could be as many as a thousand people who ate or drank there during those nine days who got the vaccine who need to take steps to become part of the class to share in this settlement, should the court approve it,” said Paul Nunes of Rochester, attorney for the class members.

A settlement of the class action lawsuit against the restaurant, owned by Jascor Inc., is being proposed and the people in the class need to come forward and be identified so they can potentially receive benefits from any settlement.

The case is pending in before Judge Daniel Doyle in State Supreme Court for Seneca County.

Each qualified claimant could receive a pro-rated share of the aggregate class settlement amount of $250,000. In addition, the named representative of the class, Christopher Welch, will receive an additional $1,000 in compensation from the settlement fund.

Jascor also would have to pay the class legal fees and costs, capped at $37,500. That is in addition to the general damages paid to the qualified claimants.

To receive payment, a potential class member must submit a signed claim form by May 2.

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