Provigil Generic Delay Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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.