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Several drug manufacturers have agreed to pay more than $65 million to resolve claims that Provigil, Nuvigil, and generic modafinil were part of a price-fixing scheme.

The settlement benefits both a national Class and a California Class. The national Class includes consumers or third party payors who paid for or reimbursed the cost of Provigil or modafinil between June 24, 2006 and Aug. 8, 2019 in various states. A complete list of eligible states can be found in the “Who’s Eligible” section below.

The California Class includes consumers from California who purchased Provigil, modafinil, or Nuvigil between June 24, 2006 and Dec. 31, 2012.

Claims in national and California state class action lawsuits claimed that companies conspired together to fix the price of Provigil, Nuvigil, and generic modafinil. These medications are prescribed for the treatment of narcolepsy and other sleep disorders.

The two Provigil price-fixing class action lawsuits included claims against Cephalon Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., Barr Pharmaceuticals Inc., Mylan Pharmaceuticals Inc., Mylan Inc., and Sun Pharmaceuticals Industries Ltd. These defendants have agreed to settle the claims against them.



Cephalon agreed to pay $48 million into the settlement fund while Mylan agreed to pay $14,377,600 and Ranbaxy (represented by Sun Pharmaceuticals) agreed to pay $3.5 million. In total, the settlement fund is $65,877,600.

California Class Members may be eligible to recover compensation from an additional $69 million settlement reached between the California Attorney General, Teva Pharmaceuticals, and Cephalon. The consumer portion of this settlement is $25.25 million.

Both consumers and third party payors will receive settlement payments based on the amount they paid for the medications compared to the amount paid by all other consumers or third party payors who file a valid claim.

In order to receive payment from the settlements, consumers need to file a valid claim by Jan. 15, 2020. At least one form of proof of purchase is required to file a Claim Form. This may include pharmacy records, an explanation of benefits from an insurer, or a letter from a doctor stating that the medication was prescribed during the relevant time period.

The deadline for exclusion is Dec. 6, 2019. The deadline for objection is Jan. 15, 2020. The final approval hearing for both settlements is Feb. 26, 2020.



Who’s Eligible

National Settlement Class: Consumers or third party payors who paid for or reimbursed the cost of Provigil or modafinil between June 24, 2006 and Aug. 8, 2019 in Alabama, Arizona, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Utah, Vermont, West Virginia and/or Wisconsin.

California Settlement Class: Consumers from California who purchased Provigil, modafinil, or Nuvigil between June 24, 2006 and Dec. 31, 2012.

Potential Award

Varies. Consumer payments will be calculated based on how much was paid for the medications compared to the amount paid by all other consumers who file a valid claim. Third party payor payments will be calculated in a similar way.

Proof of Purchase

At least one form of proof of purchase, including pharmacy records, an explanation of benefits from an insurer, or a letter from a doctor stating that the medication was prescribed.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

1/15/2020

Case Name

Vista Healthplan Inc., et al. v. Cephalon Inc., et al., Case No. 06-CV-01833, and State of CA v. Teva Pharmaceutical Industries Ltd., et al., Case No. 19-CV-03281, both in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

2/26/2020

Settlement Website
Claims Administrator

Provigil Settlement
c/o A.B. Data, Ltd.
P.O. Box 170300
Milwaukee, WI 53217
1-877-241-7503
info@ProvigilSettlement.com

Class Counsel

Joseph H. Meltzer
KESSLER TOPAZ MELTZER & CHECK LLP

Kevin Bruce Love
CRIDEN & LOVE PA

Jeffrey L. Kodroff
SPECTOR ROSEMAN & KODROFF PC

Defense Counsel

Bradley H. Weidenhammer
Jay P. Lefowitz
Katherine R. Katz
KIRKLAND & ELLIS LLP

David R. Marriot
Evan R. Chesler
CRAVATH SWAINE & MOORE LLP

J. Douglas Baldridge
Lisa Jose Fales
Danielle R. Foley
VENABLE LLP

James C. Burling
Mark A. Ford
WILMER CTULER PICKERING HALE AND DORR LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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30 Comments

  • Jr January 26, 2020

    Got my letter in the mail to file a claim on January 20th 2020 and deadline is January 15th. Been on this med for 8 years.

  • Deborah Vicencio / Timothy Vicencio January 24, 2020

    I sent my class action and have not heard from anyone yet I thought someone called me on it but I couldn’t hear right ad got disconnected My case is Deborah Vicencio and also one on Timothy Vicencio who recently Passed away please contact me at 435 421-2967 thank you much

  • Neva Barker January 15, 2020

    Why isn’t Oregon included in this suit?

  • Randall calano January 14, 2020

    Add me tpp

  • Irene Nuzzi January 14, 2020

    Please add me

  • Hannah R. January 14, 2020

    The only proof I have is 3 RX bottles from 2012/2013. My pharmacy has no records because it no longer exists and my medical records for the prescription can’t be found because the office has merged with another company since then.

  • Paula January 13, 2020

    Back around that time I live in pa and I was prescribed providgal and I was wondering most times I got it at the dr office s as mple supply be cause my insurance would not cover it but there were 2 or 3 times I did get it covered can I still claim and about how much

    • Banker January 14, 2020

      3.1 million

  • RITTIE MARSHALL January 7, 2020

    Please add me

    • Jasmine January 7, 2020

      Do you have proof ????

  • Karen maguire January 2, 2020

    Add me please

  • Richard Deno December 31, 2019

    For those asking why their state isn’t included, it’s because it was covered under the 2017 State A.G. settlements ( http://www.stateagprovigilsettlement.com/ ) . Please note that even if you have filed under that previous settlement, you can still claim under this one (provided you were in one of the covered states during the time period).

  • Monique Salerno December 31, 2019

    Add me please

  • Robert December 25, 2019

    ad me

  • Cindy T. December 10, 2019

    I had to purchase mine through the mail from Canada which came from Sun Pharmaceuticals until I was able to get my insurance to cover it after going through hoops to prove my need for them. Even then the copay was the highest tier. So why can I not file a claim just because of where I reside?

  • Debbie Marchbanks November 24, 2019

    Why is Texas NOT included?

    • Lol December 11, 2019

      Texas? Really? You guys are a completely red state. Considering the Republican Party keeps trying to pass anti-consumer protection laws, and that republican judges tend to weight more favorably towards defendants in these cases, it’s no surprise that your attorney general opted out of litigation against a major company in a class action

  • Marius Tudor November 23, 2019

    I bought modafinil /provigil in 2 States , Washington State and Georgia. How come these States aren’t covered?

  • Billie Jo Allen November 19, 2019

    Why isn’t Ohio included in this class action? I pay alot every month for this medication cause I have narcolepsy

  • A November 14, 2019

    Why isn’t Texas included? I purchased modafinil in Texas and wodner if my prices (which were high!) were a part of this scheme too…

  • Danielle Fortunato November 9, 2019

    add me. I am in New Jersey? I was on Provigil and Nuvigil

  • Gwen Darling November 9, 2019

    I got a check from a prior class action lawsuit in regards to the same medication about two years ago. I got the mailing for this one as well. I received over $3,500 for the last one. Fingers crossed this one is somewhat the same! I might actually recover most of the costs I incurred from this medication!

  • Norman Booze November 2, 2019

    Add me, I was taking this medication before 2006!

  • Jamie Pugh October 21, 2019

    I was prescribed Provigil in Mississippi, but it was prior to 2006. I had to pay out of pocket over $300.00 per month. I’m just curious as to why the lawsuit only goes back to 2006?

  • Kmc October 8, 2019

    Something is coming this morning according to my informed delivery.

    • Informed Citizen October 15, 2019

      How much?

  • Retta October 7, 2019

    Alabama $27.27

  • Patricia Maher September 30, 2019

    After reading about this lawsuit, I’m curious if you could bring a similar suit against the makers of Ketoprofen!! I suffer with chronic pain and quit opiates due to the hoops we are now made to jump thru. So I had taken Orudis which was a over the counter ketoprofen, it was then taken away, only by prescription..well this year my Dr wrote me the script~well the pharmacists all were, ” it’s on back order, we can’t get it” no matter which pharmacy I went to! Well at this same time several clinics have opened up to do ketoprofen IV infusions!! And insurance won’t cover it! How is it they can get their hands on it but no one can get a script filled?? CROOKS!!

  • Heather Taylor September 24, 2019

    Add me

  • Lexis Smith September 13, 2019

    Add me.

    Lexis Smith

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