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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!
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.
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286 thoughts onProvigil Generic Delay Class Action Settlement
i got the same story i submitted my claim info 3 times and they email me back we are looking RIDICULOUS
any more checks
Wondering the same. Was told my claim was lost in the system and was being investigated. Still nothing for me :/
Rec’d 1743.00 in Feb. Thanks Top Class Action..keep em coming
Anyone receive their check in Upstate New York? I have not and have tried to call several times, not getting anywhere- so frustrating!!
I received mine in AL. It was for approximately $265. It wasn’t as much as I had hoped but nice to know I got something. I did get a notice last fall from them saying they couldn’t verify my purchases. Funny though, their letter said not to send supporting documents. I sent copies anyway. Guess they got their proof.
LD, If you don’t mind saying…what date did you receive your check and what was the date on the check (mailed date)?? Just curious if it’s from the 1st batch or a recent mailing. Thank you
I have called at least three times the settlement number and provided the claim number. The first time I was told a batch of claims did not download/upload in some processing function, which was a slip up for the mere mention of that. Second time was told of no record of my claim number and research would be the follow up. Third time it was explained there is a high degree of fraud with this particular type of class action and perhaps I am in that group. There should be more scrutiny and follow through from this concern and to this concern. I imagine a large group of legitimate claims were actually lost or dumped. Trust the bs system.
Hi,
If you never received a settlement check, or believe your settlement should be greater, contact the Claims Administrator of A.B. Data, LTD at 1-877-236-1413. You must SPECIFICALLY request to speak with a supervisor (not just the customer service rep. who answers the telephone) and DEMAND that your case be elevated to the Attorney General. A number of mistakes have been made during the course of this lawsuit and the AG has the power and authority to ensure that everyone is made whole.
Maxwell is right. They lied about the amount I claimed and I had to jump through a thousand hoops (repeated emails and calls) to get them to fix it. In my case, good thing I saved a copy of all the documents I sent. They were real jerks about it. My next step would’ve been to contact the attorney general like you said.
Pamela
Pam, you’re right about them being jerks. My jerk’s name was BERT. He claimed to be “one of the supervisors”. A real a-hole. He told me what Maxwell said.. that my complaint was being escalated to the attorney general’s office… whatever that means. Maybe there’s still hope.
are you sure his name wasnt ERNIE??? you never know…lmao!!!!
I received a check for $400.00 but I think I should have gotten more I was on they nearly two years before. I stopped taking them. I want o write them a letter and asked them where the rest of my money. I believed they were sending out two check, some people got their check last year. I just got mines. I got one two weeks ago. from SC.
Recieve my check in Florida $1195 on Monday. Thanks class action.
i know a few people still did not get a check
Has this case made a change in what the manufacturer is allowed to charge for modafadil or provigil?