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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 have a envelope from the i see it threw the usps Delivery website ill keep you guys updated
I got the same thing to
I recieved letter also. Asking for more info. I called and tou can email it back to them. Better then US mail. Has anybody recieved a check yet? Do you know?
No check as of August 12, 2017
That’s foul Brian.
Whatever . so i missed spelled a word. Lol
Oh whos cares what he has to say.
Dang you sure sound like a Democrat. Someone that has a male ego problem would do crap like that too. Need to put others down to so the little man feels like he isn’t so little?
Yea and the little man has to pick on women. I bet he wouldn’t say anything to a man in person
Been taking this drug for 18 yrs! So thankful for this medicine that changed my life dramatically, but also very anxious to get a refund on some of the money I paid out. Sad they kept it from being generic for so long. Hope I get pymt SOON!
Been taking it also for many yrs. Glad to be getting something back. Any checks yet?
Has anyone received their $$ yet?
I still havent
I have an envelope in my mailbox from them but haven’t went and got the mail yet…. assuming it’s my check!
Did you check yet? How much was your pay out?
final approval eh? how many days have to go by now without appeals being filed? since there is only about 41 comments in this settlement I am guessing not too many interested or possibly very very small amount eligible? I am wondering if the amount of filers really is as low as the numbers here on this page are they doing it pro rata to be able to send out all the funds or are the claimants capped at the amount that they had proof for? I could imagine some if very low amount of claims and pro rata no cap that even with the low 35 mil or 60 mil total could be split very well. TCA please answer these questions if you can? Thanks
UPDATE: On July 25, 2017, the Provigil Generic Delay class action settlement was granted final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
How do i know if my name is part of the settlement?
Has anyone got a settlement yet on this?
They keep changing the closing date of the suit..It was supposed to be in April,then late May,now?I guess it’ll be worth it when it does come thru tho….
correction that should be ,,” say you paid $1000 out of pocket per year”
NOT $10,000
Someone had a bad day. All that input and it means nothing to the ones who filed. Who are you to judge? Is your name WATSON? Are you on this site cause you are a freeloader? Probably, most likely.
I cant wait. 4 my refund $$$$?
I’m still taking this medication and I joined Costco a couple years ago because I heard on TV that prescriptions were much cheaper at the Costco Pharmacy and you don’t have to be a member to use the pharmacy. I called for a cash price and it was $484 for non-members. By the time I transferred my prescription, I had become a member of Costco, and when I picked up my prescription it was half the cash price they quoted over the phone. When I questioned why the price difference the pharmacist told me it’s even cheaper when you join Costco. I take two pills a day, so I get 60 for 30 days. They changed distributors about a year ago and now I’m paying less than $100 for the prescription every month. I highly recommend Costco Pharmacy if you have one near you, if not you might be able to join online.
You cant transfer a schedule 2 drug. they have no refills. Besides this suit is about before the medication went generic in 2012.
She probably transferred all her prescriptions, and means that she now went to the Costco Pharmacy. As someone who was priced out of taking the drug for the past 6 years, I for one am interested to hear Debbie’s helpful information that the cost is so low at Costco. The last time I phoned my local Costco to check (when I was a member), the price was still over $500. Less than $100 for 60 pills (I’m assuming the 100mg, because the 200mg would never be priced that low) is crazy good, about half what I was paying for 30 200mg pills when I first started taking Provigil in 1999-2000. It just occurred to me that she probably has insurance for it, and that’s why she pays so little, but I’ll still call my Costco now just to check!