in Newswire Published on April 3, 2019

Second Amended Complaint Filed Over Allegedly Cracking-Prone Vortens Ceramic Toilet Tanks [UPDATE: SETTLED]

Last Updated on July 19, 2019

Fessler et al. v. Porcelana Corona de Mexico, S.A.

Filed: April 2, 2019 ◆§ 4:19-cv-00248

Eleven plaintiffs seek compensation for damages they sustained as the result of the spontaneous cracking of Vortens-branded ceramic toilet tanks.

Defendant(s)

Porcelana Corona de Mexico, S.A.

Law(s)

State(s)

Texas

Update - July 19, 2019 - Settlement Reached

A settlement has been reached between consumers and Porcelana Corona de Mexico, S.A., the maker of certain Vortens ceramic toilet tanks allegedly prone to spontaneous cracking.

Those covered by the settlement are allowed to submit two kinds of claims—claims for replacement of the tank and claims for property damage related to the tank. You can only make one of these claims per toilet tank. Those with multiple affected toilet tanks should separate their claims by claim type as appropriate. If you do nothing, you will receive no compensation.

According to the official settlement website, individuals who own a Vortens ceramic toilet tank made between January 1 and December 31, 2011 with model number 3464 or 3412 (on the inside of the tank) may be entitled to up to $300 per tank as long as a valid replacement/installation claim is submitted with receipts and proof of ownership here before November 16, 2020. Those who submit a claim without receipts but with a sworn declaration may receive up to $150 per tank.

Those who submit property damage claims with proper documentation may be reimbursed for up to $4,000 in out-of-pocket expenses. All claims are subject to approval by the settlement administrator.

For more information, and to find out whether you’re covered by the settlement, head to the official Vortens class action settlement website.

In a second amended complaint, 11 plaintiffs allege that multiple models of “Vortens” ceramic toilet tanks manufactured and sold by Porcelana Corona de Mexico, S.A. suffered from a defect that caused the tanks to spontaneously crack. The suit comes after the original case was partially dismissed and the plaintiffs’ motion for joinder was greenlighted December 2017.

The lawsuit states that after a number of the defendant’s toilet tanks suddenly failed, engineers investigating the matter found that the root of the apparent problem lied in a lack of sufficient quality control measures before the products were distributed. According to the case, the tanks suffered from “internal stresses in the ceramic construction” that aggravated the alleged cracking defect. Public knowledge of the flaw was minimal upon its discovery, the suit continues, because claims of the failure were handled via third party, through subrogation for large-loss matters, and on an individual, segregated basis by Porcelana’s customer service system.

The plaintiffs charge outright that the defendant knowingly distributed flawed ceramic toilet tanks despite possessing knowledge that those bearing the Vortens trademark suffered from integral, manufacturing-related defects. Though production of the tanks has ceased, the complaint claims those that may spontaneously crack are not confined to within a single production year, with the manufacturing issues linked to the defect dating “as far back as 2004.”

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