$18 Million Settlement Reached In Lawsuit About Toilet Flushing System

May 01, 2014, 09:15 ET from Birka-White Law Offices from ,Lieff Cabraser Heimann & Bernstein, LLP from

DANVILLE, Calif., May 1, 2014 /PRNewswire-USNewswire/ -- The following is being released by the law firms of Birka-White Law Offices; Lieff Cabraser Heimann & Bernstein, LLP; and Audet & Partners LLP.

An $18 million Settlement has been reached in class action lawsuit involving the Series 503 Flushmate III Pressure Assist Flushing System that was manufactured from October 14, 1997 through June 30, 2009 ("Flushmate System").  

Flushmate Systems came pre-installed in various toilet brands, including American Standard, Crane, Ecotech, Eljer, Gerber, Kohler, Mancesa, Mansfield, Orion, St. Thomas, Universal Rundle, Vitra, Vitromex and Western Pottery (collectively, "Flushmate Toilets"), which were sold at Home Depot and Lowe's stores and through distributors and plumbing contractors.

The Class includes anyone who owns or owned a Flushmate System that was installed in the United States.  To the extent not previously reimbursed, Class Members may receive reimbursement for:

(1)   Out-of-pocket installation expenses incurred for having installed: a Flushmate repair kit, a replacement Flushmate pressure vessel, and/or a replacement toilet. 

(2)   Direct property damage caused by a Flushmate System that leaked or burst.

The exact reimbursement amount will depend on the total number of valid claims submitted.  If there is any money left in the Settlement Fund after two years, it will be distributed to Class Members that submitted a valid claim or a donation will be made to a charitable organization.

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.

Class Members that want to keep the right to sue Defendants must exclude themselves from the Settlement by July 25, 2014.  They can also choose to stay in the Settlement and submit an objection.  Objections must be received by July 30, 2014.

The Court will hold a hearing on August 25, 2014 to consider whether to approve the Settlement and a request for attorneys' fees of up to 25% of the Settlement Fund, plus reimbursement of attorneys' costs and expenses.  Class Members may hire their own lawyer to appear at the hearing at their own expense.

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

Please note that there is a Flushmate Recall Program that is separate from this Settlement.  For more information about the recall visit www.flushmate.com or www.flushmate.com/recall.

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SOURCE Birka-White Law Offices; Lieff Cabraser Heimann & Bernstein, LLP; Audet & Partners LLP