A federal court has preliminarily approved a class action lawsuit settlement between defendants Vanguard Piping Systems Inc., VG Pipe LLC, Viega LLC and plaintiffs led by Don and Noreen Verdejo over alleged defective plumbing fittings manufactured by the defendants. The fittings include Viega Brass Fittings and Vanguard PEX plumbing system fittings, sometimes referred to as Vanguard F1807 fittings and Vanguard yellow brass fittings.
The Vanguard pipe fitting settlement will resolve a class action lawsuit (Verdejo v. Vanguard Piping Systems) that alleges the plaintiffs suffered injuries and damages arising out of defects in certain plumbing system fittings or other components and sub-components made from UNS C36000, UNS C37700, UNS C36500 brass, or similar copper alloys with a zinc content of 15+% manufactured and/or distributed by the defendants.
Plaintiffs allege the Viega Brass Fittings are inadequate, defective and are of poor or insufficient quality. Viega is denying all claims and allegations any maintaining that Viega Brass Fittings are not defective.
Even before the Court can determine the strengths or weaknesses of the plaintiffs’ allegations and claims, or even before any defense can be heard, both parties have entered into a class action settlement agreement in order to end litigation.
Class Members of the Vanguard/Viega class action settlement will include all persons that own or have owned buildings, homes, residences or any other structures located in the United States that contain or have contained Viega Brass Fittings.
Under the proposed class action settlement agreement, Class Members will receive the following benefits:
- Limited Warranty Covering Certain Failures of Viega Brass Fittings. The Limited Warranty will cover water leaks from a Viega Brass Fitting caused by dezincification or a drop in water flow capacity of a fixture due to zinc oxide build-up as a result of dezincification in a Viega Brass Fitting that causes the water flow rate to drop below the minimum requirements as set forth in Section 604, Table 604.3 of the International Plumbing Code (IPC) (2012), but for unrestricted flow measured via a flow meter ahead of the fixture in question. The Limited Warranty shall run through 13 years from the date that the Viega Brass Fittings were installed.
- Payment of Costs for Prior or Anticipated Repair/Replacement and Other Monetary Consideration. Viega will also pay claimants for their reasonable costs and expenses related to eligible Failures falling within the Limited Warranty, which were not otherwise paid to the claimant (whether by Viega’s warranties, insurance, or otherwise). Specifically, Viega will pay claimants for (1) the reasonable proven incurred or anticipated costs associated with repairs due to the eligible Failure, (2) the reasonable proven material and proven incurred or anticipated labor costs to repair or replace damage to real property in which the failed Viega Brass Fitting was installed, (3) the reasonable proven incurred or anticipated costs to repair or replace other property damaged by the eligible Failure, and (4) the reasonable proven incurred or anticipated costs related to temporary housing caused by the eligible Failure.
Claim Form Deadline
Verdejo v. Vanguard Piping Systems Inc., et al., Case No. BC448383, Superior Court of the State of California, County of Los Angeles.
Kurtzman Carson Consultants (KCC)
P.O. Box 43206
Providence, RI 02940-3206
Kenneth Kasdan and Michael Turner
KASDAN SIMONDS WEBER & VAUGHAN LLP
Troy M. Yoshino
CARROLL, BURDICK & MCDONOUGH LLP
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Categorized in: Closed Settlements