sevenstrokeroll,
according to what you said at the end of your post, which is also valid, but this case it should be focused on whether the a/c lifted off or not (some survivors mentioned to have lifted off or they may have confused with the rotation??)...only if confirmed not lifted off the ground that theory of an incorrect or absent drill of the before take off checklist by the pilots could be brought up, otherwise flaps were selected correctly.
over 10 years ago in South America there was a B737 which because of bad cockpit procedures & no discipline of checklists at all, started the take off roll with flaps up, disregarded the TO warning sound thinking of a false one (even more crazy on them), but the thing is the a/c rotated but obviously never lifted off, all dead at the end of the runway.
So, the flaps setting issue in this case should be related only to that lift off...unless any asymetric flaps setting not been checked during checklist?? this last i don't think so...