Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
A $35 million settlement with Cephalon Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., and Barr Pharmaceuticals Inc., has been reached in a class action lawsuit involving the price of the prescription drug Provigil.
Provigil and generic versions are primarily prescribed for the treatment of certain sleep disorders, including narcolepsy.
Attorney Generals from 48 states and the District of Columbia filed the lawsuit on behalf of individuals who paid for Provigil or its generic counterpart modafinil.
The lawsuit claims that the defendants engaged in a course of conduct to delay the sale of low-cost generic versions of Provigil in violation of federal and state antitrust laws and consumer protection laws.
The defendants deny these claims and say their conduct was legal.
No one is claiming that Provigil or generic versions of the drug are unsafe or ineffective.
Under the terms of the Provigil antitrust settlement, consumers (except those in California or Louisiana) who purchased Provigil or generic versions from June 24, 2006 through Mar. 31, 2012 may be eligible to receive a distribution from the $35 million settlement fund. This settlement fund is known as the States’ Consumer Fund.
Additionally, if a settlement is reached in a related case: In re: Modafinil Antitrust Litigation, Vista Health Plan Inc. v. Cephalon Inc. et al., a Class Consumer Fund will also be established and the settlement amount from this case will be merged with the States’ Consumer Fund.
California and Louisiana consumers will receive money only from the Class Consumer Fund.
Class Members who wish to exclude themselves or object to the terms of the Provigil class action settlement must do so no later than Apr. 14, 2017. As a Class Member you may choose not to submit a claim. If you choose not to submit a claim, you will not receive any money or benefits from the proposed settlement.
Who’s Eligible
Eligible Class Members include:
“All persons residing in the states of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia who purchased and/or paid for Provigil or generic versions of Provigil (modafinil) for consumption by themselves or their families during the period from June 24, 2006 through March 31, 2012.”
You “purchased and/or paid for” if you paid some or all of the cost of the drug. If insurance did not pay for the whole amount of the drug, you are included. Specifically, you purchased and/or paid for Provigil or generic versions of Provigil (modafinil) if you were:
- An uninsured consumer who paid all of the purchase price of the prescription; or
- An insured consumer who made a co-payment or other partial out-of-pocket payment, or paid the entire cost because you had not met a deductible amount under your health plan.
Residents of Louisiana and California are not included.
Persons that purchased Provigil or generic versions of Provigil (modafinil) for purposes of resale or made purchases directly from the defendants are not included.
If you are still not sure whether you are included, you can get more information by calling or writing the Claims Administrator.
Potential Award
Varies.
A $35 million settlement fund will be established. Consumers’ recovery will be calculated based on how much you paid for Provigil and generic versions of Provigil (modafinil) from June 24, 2006 through Mar. 31, 2012, compared to the amount paid of all other consumers who file valid and timely Claim Forms.
The method in which your recovery amount will be calculated is detailed in the Plan of Allocation.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
6/25/2017 UPDATED
Case Name
State of New York, et al. v. Cephalon Inc., et al., Case No. 2:16-CV-4234, in the U.S. District Court for the Eastern District of Pennsylvania
Final Hearing
7/25/2017
UPDATE: On July 25, 2017, the Provigil Generic Delay class action settlement was granted final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Feb. 5, 2018, Top Class Actions viewers who submitted timely and valid claims for the Provigil class action settlement began receiving checks worth as much as $4,939.14. Congratulations to everyone who got PAID!
Settlement Website
www.StateAGProvigilSettlement.com
Claims Administrator
State AG Provigil Settlement
c/o A.B. Data, Ltd.
P.O. Box 173026
Milwaukee, WI 53217
1-877-236-1413
Email: info@StateAGProvigilSettlement.com
Remember to include “State AG Provigil Settlement” on any correspondence, envelope, and/or subject line.
Class Counsel
Mitchell L. Gentile
Brian F. Jordan
OHIO ATTORNEY GENERAL’S OFFICE – ANTITRUST SECTION
Defense Counsel
Joseph Wolfson
STEVENS & LEE
Counsel for Cephalon Inc. and Teva Pharmaceuticals Inc.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
286 thoughts onProvigil Generic Delay Class Action Settlement
This may seem like a dumb question, but how do you go about proving that you paid for this? Do pharmacies keep records like that which you can access? I paid an ungodly amount for that drug until it became beyond reasonable after losing my insurance. $800 a bottle!
Yes , just ask your pharmacy for a print out of your provigil purchase(s). It very common , there are always someone either needing this type of report for a lawsuit , or proof for work comp or for their taxes , or just to keep track of what they took .
I took Provigil during this time frame but I don’t know how much I paid out of pocket for it. How are we supposed to know that and is it okay to estimate if there is no way to know the actual amount?
I’ve been taking Provigil since at least 1999. When generic modafinal came out, I cheered and couldn’t wait to switch. But for me, nothing. Did absolutely nothing. I was upset and disappointed. Not all generics are the same. But it was worth a try. In the meantime, it’s a struggle to afford. I don’t have narcolepsy, but MS. There is no reason for such a huge increase in the cost for this brand drug the past 16 or 17 years. It’s inexcusable.
If I was only prescribed the drug between those exact dates is the only way to have a real chance at a claim being considered? I know for a FACT I TOOK IT DURING THE SUMMER OF 2006…. but IF I WAS PRESCRIBED THE DRUG PRIOR TO JUNE 24,2006 then my claim could be null AND or void? The fact that I do remember taking Provigil 50 mg, 100 mg and I believe there was a 150 mg also. So I’m going to say my memory serves me correctly ; and that I had insurance with co-pays before as well as paying ridiculous amounts out of pocket before and after my insurance my husband provided until our divorce May 31, 2005 was finalalized. I believe that it was either 90 days or 6 months before I was no longer able to receive it. I am very grateful I paid attention last evening at pharmacy where the “Big Post” was right there for everyone to see.
What pisses me off is the price still hasn’t came down. They jacked the price to get patients to switch to Nuvigil Before the patent ran out.
I’ve been taking this ridiculously priced drug since 1999.Why is the claim only from 2006-2012?
Because it did not become marginally expensive until 2009. When it jumped from the already high cost of $6 to $26 dollars per pill. Additionally, the company made every effort to keep competitors from bring a generic to market.
I was on providing during that time but only for a few months it was so expensive I couldn’t afford it would it be worth checking into?
What if I have been taking Provigil from 09/2014- today?
“from June 24, 2006 through March 31, 2012”
I bought it every month for years starting in 04-05? till 2013. $300 for a bottle of 30.. Why not California??? I even Remember the delay in generic over the price. It went up to $900 so i had to stop taking it. Of course I’m in one of the two states. Murphy’s Law.
Shannon
CA is probably considering pursuing further action against them beyond the terms of this settlement, so you may see one just for CA and LA in the future.
Check out the plan of allocation on the settlement web site. California and Louisiana will get some money too, so definitely put in a claim.
What if you live in Louisiana now but when you bought it you lived in a state that is included that can file?
My guess would be no, because those states did not come to an agreement with the attorneys involved in this settlement. You can always contact the claim administrator on their web site, though.