Overview

• Mary Elizabeth Smith filed a negligence lawsuit on Aug. 7 in New York County Supreme Court, alleging she bit into a human fingertip in a chicken wrap bought from Create Astoria on Nov. 17, 2023.
• Her attorney says a lab confirmed the sample was human tissue from a female, and he has shared photos and a forensic report with the insurer.
• Owner Teddy Karagiannis rejects the allegation as fraudulent, says his operation makes such contamination impossible, notes female staff are not on the kitchen line, and plans a slander countersuit.
• Liberty Mutual has denied the claim, and the defense has pointed to staffing records and the absence of DNA evidence tying the tissue to an employee, while asserting the plaintiff declined DNA testing.
• Smith reports lasting trauma, sought immediate medical care, and underwent antiretroviral therapy as a precaution, and her lawyer argues the restaurant remains responsible for inspecting food regardless of any supply-chain source.