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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
called back again on 03/28/2022 and the person sound as if they were off shore and wanted to asked me a million question and finally said that checks were mailed and she would not confirm on mine nor would give direct answere but wanted to ask question. Heard dog barking in the back ground and person failed to say if all of the checks were mailed out. Still no check in Ohio
I haven’t received any check in Ohio either
After several emails requesting how my claim was calculated (and receiving generic responses) I have a new email group at aba responding they have received my request and will respond in 3-5 days. My lawyer has advised me they have to provide the information. I have the file downloaded with the approved claims submitted to the courts by aba. Which of course is per documents, everyone will receive a portion of the whole, which is your approved claim amount % of the total claim amounts total. That is your percentage of the available amount. Which is the discrepancies issue right now. It’s not being applied correctly per their submitted documents. If you would like the document that was submitted for original approved claim amounts (again not the actual payouts) provide your email and I will send the court exhibit.
I received approx. 45% of my submitted claim in March.
I have not received anything in New York as of today… Definitely interested in contacting a lawyer as a group. Please keep me posted! Thanks!!
I am NY received a check on 3/21.
What percentage of your approved claim amount?
It was 4% of my claim
I’m also in New York and haven’t received anything.
Mine was from the PA claim
Nothing in N.C. Called and could not get a straight answerer with claim number.
AB Data is ripping people off, they are saying that people didn’t send in documents which is a lie, they are stealing our money and sending out Penny’s to people. Let’s file a lawsuit against AB data company
Yes we really need to file a lawsuit against them
I was ripped off as well, been on this medication since it was put on the market still on it. I sent in every form of proof available and then some so yes we need to do something! They are literally stealing from people, I can prove without any doubt every single cent I paid for this and every time it was filled. I’m contacting lawyers today! We need to communicate outside of this website and sue the shit out of this company! Ideas?
I was ripped off as well, been on this medication since it was put on the market still on it. I sent in every form of proof available and then some so yes we need to do something! They are literally stealing from people, I can prove without any doubt every single cent I paid for this and every time it was filled. I’m contacting lawyers today! We need to communicate outside of this website and sue the shit out of this company! Ideas? I’m going to bury this company by the time I’m done! Writing the judge as well and sending everything I sent to this company for proofs. Something needs to be done!
Didn’t you all get paid on a similar settlement? They said in a post here you all were overpaid and the settlement didn’t have enough money in it so they get their funds back on this settlement???
The previous settlement was different. If you lived in Pennsylvania the previous settlement was for. I submitted my claims and was paid for the prescriptions I paid for only residing in PA. This settlement is different and you can’t be penalized for another settlement miscalculations.
How do you check that your check is coming?
How do you know how much you should get? I received $350 and feel that is way too low. Is this the same as the AB Data lawsuit?
Call them 18772417503
Thank you never thought of that. Just called and I see I am part of the CA claim and that is still being processed. Counld’nt give a a time line
Just got my check for $1,325.95 today in Michigan about flipping time
Little more than a third of what my claim was for
Thank you! Headed to check mine now.
Seriously…. approved claim was over $12k and my check is for $600…
Wow that’s bullshit
How much did you claim to get that amount?
My check was 22% of my total claim for which I had proof of purchase AND physician letter.
I provided the same and received 5.6% of my claim amount. I called and was given the project managers email. They responded with the most generic response ever. I’ll be writing the judge. I’ve seen several claimants receiving 20-38% of their claims and I get less than 6%… time to write the judge!
Im in Michigan…I will keep u posted if I get mine!!!
Got mine in Illinois 1/3 of my claim.
How much did you claim versus what you received?
Mines in mail today!!!! I’m ready to leave work…lol. anyone have an amount vs approved claim?
Fingers eyes legs arms and everything else I can cross is being done.. Just hoping and praying my claim was accepted.
Checks were sent out on march18
5000 vs 15000
Are you part of California claims?
no i am not part of the California claim
Mine is 2,015.99 and my claimed amount was $8,745. 23% was my restitution with proof for the generic Modafinil. I was never in any other Provigil settlement either. Curious to know others . Wondering why it didn’t detail the percentage reason…
I had no explanation at all. I have my total approved claim amount on the court documents. And there are more claim values than the total amount. Mine was reduced to 5.6% when most are getting 20-35%. I blew up the settlement Facebook as well.
I claimed about 3,800 and received $360.
The cypresfunds california website was established for California non-profits to submit applications. There is going to be around $40 million leftover from the California fund and it goes to non-profits. I was also told that people who received a payment from the first provigil settlement a few years back will have that amount deducted from any award from this settlement. That’s because the money for this lawsuit came from a defendant that didn’t settle back then. Let’s say you received $300 from the first provigil payment. If you were eligible for $800 this time, you will only receive $500. California did not accept that settlement and that’s why California residents were not eligible for the first provigil claim form. They are eligible for payment from both funds this time but the California fund is going to cover the claims from the California side. What really slowed down the payment process for this lawsuit was having to compare claims to the claim forms that already paid out a few years back.
Provigil in the mail tomorrow!!!
Any info about when California checks will be mailed?
I don’t understand how the first class action (which was for generic delays) could correlate to this lawsuit (which is for price fixing).
In addition, my payment from the generic delay class action plus payment for price fixing lawsuit received today still falls well below 50% of my total price fixing claim when both amounts are added together.
(This is for non-California claim)
Where are you getting your information from?