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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE:
- This class action settlement is paying out as much as $2,500 as of Nov. 14, 2022.
- Congratulations to everyone who filed a claim and got paid!
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
UPDATE: The Provigil Price-Fixing Class Action Settlement was granted final approval by the court on April 21, 2020. It is not known at this time how quickly claims will be paid. Keep checking back and let us know when you receive a check in the comments section below or on our Facebook page.
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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335 thoughts onProvigil Price-Fixing Class Action Settlement
There were checks that have just been provided to reimburse claimants for their out-of-pocket costs. It is not clear if all of the checks in this current distribution have all gone out yet, so be patient. This is likely a final payment cleanup of the settlement funds, but that assertion is conjecture and not based on formal communication from the settlement admin. There have already been numerous check distributions in 2018, 2019, 2020, 2022, and earlier in 2023. The $0.59 check mentioned in these comments makes sense as that specific claimant mentioned that his insurance paid for his prescriptions. Those that had high uncompensated prescription costs would expect to receive a much more substantial check payment.
My cousin who filed and recieved 2 checks after first onejust received her 2nd check for the second go around. Her check this time was 871.14. I missed the first go around but received a substantial check for 1st check on 2nd go around I Have not received any second check. Hopefull. I Dont understand how there process works. I took up to 3 pills aday but they only refunded for 1 pill aday. And no extra expenses were asked about.
I received a check in the mail yesterday for $.59.
That’s right, fifty nine cents. This despite my submission of dozens of instances where my insurance paid their part of my monthly prescriptions.
I’ve been taking Provigil/Modafinil since around 2005.
At least the attorneys got their millions, but isn’t that always the case?
I finally got my check in the mail today :) $2500 which is about half of my claim
Hi James,
My check showed in Post Office Informed Delivery on Nov 19th but I still haven’t received the check yet. I this happen to you by change? I’m scared the Post Office has lost my check. Thanks K
Sorry I dont think so
did any one get a check for the california settlement part ?
Yesterday. But missed the other one. Maybe I can figure out if it was sent
I got a check for $1796.56 for my 56 prescriptions. At $32.01 a piece so what about the reimbursement? I paid more then that for my scripts. When are they sending the other check? Has anyone gotten both?
Update * Edited* per Settlement Website : ( not sure how the edit will appear copied from the settlement wedsite. I did the best I could)
ORDER GRANTING PLAINTIFF STATE OF CALIFORNIA’S MOTION FOR ORDER
AUTHORIZING DISTRIBUTION OF THE CONSUMER FUND AND PERMITTING
ADDITIONAL LATE CLAIMS
On June 10, 2020, the Court granted final approval of Plaintiff State of California’s
(“California”) Consumer Settlement with Defendants, approving, inter alia, the proposed
Distribution Plan to disburse the Consumer Fund first through direct cash payments of claims
from Eligible Consumers that have been vetted for legitimacy by the Claims Administrator, and
thereafter through cy pres distribution of any portion that remains unclaimed to be administered
by the Cy Pres Administrator. (ECF Nos. 32 and 33.) On September 20, 2022, California filed
the instant Motion for Order Authorizing Distribution of the Consumer Fund and Permitting
Additional Late Claims (“Motion”) (ECF No. 37), accompanied by the Declaration of Eric J.
Miller (“Miller Declaration”) with exhibits.
Having considered the unopposed Motion, the Miller Declaration, and the pleadings and
other papers on file in this action, there being no objections to this Motion, and finding good
cause appearing, the Court hereby GRANTS the Motion as follows:
1. The administrative determinations and recommendations of Claims Administrator
A.B. Data, Ltd. (“AB Data”), concerning the 11,012 Claim Forms received in this action through
June 17, 2022 are hereby APPROVED.
2. The disbursement plan recommended by AB Data in Paragraph 20 of the Miller
Declaration is APPROVED. The Court authorizes AB Data to distribute from the Consumer
Fund a total direct cash payment of $8,145,552.69 to the 6,169 claimants whose Claim Forms
have been approved by AB Data and who are listed in the Eligible Consumer Claims Summary
attached as Exhibit F to the Miller Declaration, including the 234 Claim Forms received after the
January 15, 2020 deadline prescribed by the Preliminary Approval Order.
3. The Court further authorizes AB Data to accept and process additional Claim
Forms against the Consumer Fund so long as such claims are submitted by potential Eligible
Consumers who have not yet submitted a Claim Form in this action and they are received by AB
Data within ninety (90) days from the date of entry of this Order (hereinafter, “Late Claims”).
All validated Late Claims shall be presented to the Court for approval within a reasonable time
upon AB Data’s completion of the vetting processes provided by the Final Approval Order.
4. At the conclusion of AB Data’s administration of the Late Claims, any funds
remaining in the Consumer Fund shall be processed by the Cy Pres Administrator for cy pres
distribution in accordance with Section II of the approved Distribution Plan attached as Exhibit 4
to the Settlement Agreement (ECF No. 2-3 at pp. 104-107).
IT SO ORDERED.
Date: October 11, 2022
In the document posted on the Settlement Website they have a list of approved claims with claim numbers and the number of bottles you claimed.. It’s amazing that only 14k people signed up for the settlement and only 6700 plus claims were accepted and they wonder why so much money was left in the settlement. It’s like they did everything they could to deny as many claims as possible? What was the point of doing the settlement if they were only going to approve so few people? O well good luck to all the people who got their claims approved… I guess now it’s up to the charity organizations to do the right things with the money to help as many as they can but we already know what will happen with that…
Where do we find that list of approved claims and claim numbers?
Anyone heard anything at all? I have emailed for an update but got nothing in return ??? :(
Checks were mailed out in March 2022. If you need more information email: help@abdataclassaction.com
Checks were not mailed out for the Cali settlement yet.. I believe the one that paid was for the Multi State settlement.. Please update if that is not correct..
Correct – The Calif payments are still being calculated and have yet to go out.
I mean how long does it take to do calculations? They promised the Judge they would have this done by March and they are still doing the calculations. I will be more than happy to help them!!!!!!! I guess we have another year before we get paid…..
Called ABData today and they said they had no idea how long it would be until checks were mailed out. I reminded this person that in June I was told in sixty days checks would be issued and mailed. His response was that the judge, attorneys and State of California were arguing and not in agreement.
I saw on the California Provigil website under Court Documents that two new documents were filed on Sept 20, 2022. One was a Motion for Order Authorizing Distribution of the Consumer Fund and the last one was Proposed Order Granting Plaintiff State of California’s Motion for Order Authorizing Distribution of the Consumer Fund. What does this all mean? Do these Orders still have to be signed by the Judge or ?
Can someone with some knowledge of how the legal system works, please look at these two documents and give some clarity. Hope this gives some hope to those of us still patiently waiting for our share. Thank you to whoever takes the time to examine the documents and gives an explanation as to what these filings actually mean in terms of checks finally being issued.
Looks like they actually are trying to pay the Cali settlement but we still have no clue when it will actually will… The settlement company will use every bit of the 90-day agreement on payment to send anything or ask for an extension.. Fingers crossed this will actually be resolved soon!!!!
So the California settlement is two parts correct? It is a per prescription amount and then a reimbursement amount? Am I correct in thinking that?