New Settlement Reached In Lawsuit About Toilet Flushing System

Anyone who owns or owned a toilet with a Flushmate System manufactured from October 14, 1997 through April 30, 2011 is eligible to file a claim.  Flushmate Systems were installed in American Standard, Copperfit, Crane, Ecotech, Eljer, Gerber, Kohler, Lamosa, Mancesa, Mansfield, Orion, St. Thomas, Universal Rundle, Vitra, Vitromex, Vortens and Western Pottery toilets, which were sold at Home Depot and Lowe's stores and through distributors and plumbing contractors.

Subject to Court approval, and to the extent not previously reimbursed, class members can receive money for having installed: (1) a Flushmate III repair kit, (2) a replacement pressure vessel, or (3) a replacement toilet.  To the extent not previously reimbursed, class members can also receive reimbursement for any direct property damage caused by a Flushmate System that leaked or burst. 

Approximately $7 million is left over from the previous settlement.  The remaining money will be used to pay all valid claims.  If necessary, Defendant will contribute additional money to pay 100% of all valid claims submitted before the claims deadline for people covered by the new settlement.  If there is any money left over from the previous settlement after paying all valid claims from both settlements, the claims periods may be extended again, or the money may be donated to a charity.

Class Members must submit a claim in order to get reimbursement.  Claims can be filed online at www.FlushmateClaims.com or class members can call 1-877-412-5277 to receive a claim form.

Even if you do nothing you will be bound by the Court's decisions.  Certain deadlines have already passed for the previous settlement, but class members can comment on the modifications to the previous settlement by August 21, 2017. If class members want to keep their right to sue the Defendant in the new settlement, they must exclude themselves from the class by August 21, 2017.  If they stay in the class, they may object to the new settlement by August 21, 2017. 

The Court will hold a hearing on September 18, 2017 to consider the proposed modifications to the previous settlement and whether to approve the new settlement and a request for attorneys' fees and costs up to $600,000.  The attorneys' fees for the new settlement are being paid separately by the Defendant and will not reduce settlement payments.  Class members may hire their own lawyer to appear at the hearing at their own expense.

For additional information about the settlements, please visit www.FlushmateClaims.com or call 1-877-412-5277.

SOURCE Birka-White Law Offices