Minneapolis, MN: A notification program has begun, as ordered by the United States District Court for the District of Minnesota, to inform people and entities who own or owned a home, building or other structure containing a Plumb-PEX plumbing system, about a proposed settlement in a defective products class action lawsuit.
The settlement resolves claims about whether Radiant Technology, Inc. and Uponor, Inc. ("RTI" or the "Defendants") sold Plumb-PEX plumbing systems containing ASTM standard F1807 brass insert fittings and stainless steel clamps that may leak and cause damage to property. The Defendants deny all of the claims in the lawsuit, but have agreed to settle the case to avoid the cost and uncertainty of a trial.
The settlement includes a group of people called a "Class" or "Class members" and consists of anyone who owns or owned a property containing an RTI Plumb-PEX plumbing system containing ASTM standard F1807 brass insert fittings and stainless steel clamps ("RTI Plumb-PEX Plumbing System") installed on or after May 15, 1999. Owners of systems that have: (a) had a leak in one or more of the system's components, or (b) a water flow differential of 50% between the hot and cold lines that supply one or more fixtures may receive benefits from the settlement. People and entities that paid for damages or repairs related to a qualifying leak in an RTI Plumb-PEX Plumbing System may also submit claims.
The settlement will reimburse Class members for property damage caused by a qualifying leak in a system component. It will also provide repairs or possibly the replacement of an RTI Plumb-PEX Plumbing System in structures that have had two or more qualifying leaks. Eligible Class members will have at least 18 months to file a claim even if that time period expires after their warranty.
Those included in the settlement may send in a claim form to ask for a payment or repairs, or they can exercise other legal rights such as asking to be excluded from, or objecting to, the settlement. The deadline for exclusions and objections is June 1, 2012. The earliest deadline to submit claims is December 26, 2013. Actual deadlines will vary by property based on when a problem occurred and whether the original warranty on the system is still in place.
The Court will hold a hearing in this case, In Re: Uponor, Inc., F1807 Plumbing Fittings Products Liability Litigation, MDL No 2247, on June 26, 2012 to consider whether to approve the settlement so that payments and repairs can be made.
More information, including notices, a claim form, a picture of the RTI Plumb-PEX Plumbing System components and the Settlement Agreement are available at RTIsettlement.com.