Vortens Toilet Tank Crack 2011
 . . and June 30, 2009, and have been affected by a failure of the tank to seal properly. The settlement allows for claims of the form the settlement representative for the purchasers may present to the court to be dismissed with prejudice.
(emphasis added)
As explained in the amicus brief, Mr. Schlosser's claim would not be covered by the settlement because the warranty was limited to individuals who purchased a Vortens tank between January 1, 2009 and June 30, 2009.  The settlement does cover the replacement of valves, flanges, and other components for any prior tank.  
There was a reason why the plaintiffs were concerned.  The reason is pretty clear in the pleadings:
Any provision in the Settlement Agreement that would bar Mr. Schlosser from asserting claims against all defendants in this case would violate public policy.  In this case, the plaintiffs have alleged that all defendants were engaged in a conspiracy to defraud the consumer-purchasers of Vortens to induce them to buy the product at inflated prices.  To preclude Mr. Schlosser from pursuing this claim against all defendants, including the manufacturer, would be contrary to public policy.  In his complaint, Mr. Schlosser alleges that each defendant engaged in a fraudulent "concerted action" and a conspiracy to defraud the consumer-purchasers of Vortens.  As a result of defendants' fraudulent "concerted action," Mr. Schlosser has suffered damages, including, but not limited to, injuries to his health, impairment of his earning capacity, property damage, property loss, loss of services and consortium and loss of enjoyment of life.
The settlement itself in no way bars the claim.  At least one court has recognized that a settlement can be structured in a way that might be construed as barring a claim, but that court carefully noted that the settlement barred such claims only if the plaintiff had knowledge of the facts supporting the claim before signing the settlement agreement.  (In re Alcala, No. 05-965, unpublished at p. 2, 2006 U.S. Dist. LEXIS 29246, at *6-7)
(Dismissal with Prejudice)
This case is actually better than most.  We don't have to speculate about how the plaintiffs or the defendants will interpret it.  The defendants say that their interpretation is that Mr. Schlosser is barred from pursuing the claim against them.
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