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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
Any new updates?
I guess not!!!!!!!
I received a check for over $6,000.00! I did, however, have substantial pharmacy records. This was only about half of what I spent on Provigil or the generic, though. I’m glad I got something back.
Just curious when you got this check. Was it with the first payout of this one or the Multi State one?
Was this check received back in March when the first check went out or for the California settlement? I’m still waiting to hear back from the settlement. Thank you in advance.
No checks for the California Attorney General class actions have gone out yet, at least as of June 6th. I was told that all claims had to be reviewed/processed before any checks would go out.
I am beginning to believe that “ no individual” has received any payments. No comments suggest that payments were received.
The first payments were issued Feb/2018. Secondary payments went Oct/2019. This second round lawsuit was then created with national payments being issued March/2022. The Calif payments are still being calculated and have yet to go out. Some have complained about less than expected amounts for the March/2022 payments, but the total payout including the previous-lawsuit payments are factored in such that the total does not exceed original claim amount.
I got a check in March 2022 for over 6k
Are you going to print a list of all participants and the amount they received? I should have received a settlement payment and I still have not gotten any correspondence.
Around June 6th I called the phone # on the California AG site (don’t know if it was for AB or ?) They identified me by my phone number and said that yes I had a valid claim. They weren’t able to tell me how much I would be getting bc they were waiting on the State of California to tell them the amounts. They were processing claims and told me that they thought they would be sending checks out in 60 days.
Any new updates on the California payments?
Thank you ❤️
Any updates on the case at all?
I contacted the President of A&B Data and he no clue that settlement was not being paid and he will investigate those working for his company because the worker is stealing our money. Poor company to work for.
I just wonder what will happen now.. Since they were willing to lie to the judge and delay payment how much longer will we have to wait now or will this just keep us waiting longer? O well we are still at the same place we were 5 years ago with no resolution in sight..
I just got off the phone with them and they claim payouts we’re sent in March. The amount I paid was conveniently cutoff from the documents I sent and the amount I was due to receive was too little to be disbursed. All sounds fishy to me.
Many calls and letters to A.B. Data, Ltd and no response. Checked into this company and found out that they do not like to pay the settlements and that is why so claims are processed with them It needs a investigations.
I got a check from them March 2022
I was prescribed Modafinil waaaay back in 2006 for about a year. We’re talking right at the beginning of the timeframe covered in the suit.
I went through every option available to me to try to provide proof. I called CVS/Walgreens to get records, but was told they don’t keep them that long. I called the student health office where the doctor who wrote the prescriptions worked–he had long since retired and the school only keeps student health records for 12 years. I do not keep random receipts that long.
The only proof that I had was a doctor’s memo (unrelated to provigil, that stated that I had at one point been on it.)
I literally had no way to prove that I was a member of this class. You’d think that their ability to identify and send me information about the suit would be helpful. But given the payouts people seem to be getting, looks like I didn’t miss out on much here.
I submitted a very detailed letter regarding the very same information that you have. Mine goes all the way back to 2011. I have not seen a dime.
The settlement attorneys, in this case, lied to those individuals whom they sent notice to. Stating that even if you received funds from a state AG settlement you would be considered a class member of this suit and entitled to settlement funds. When I found out they were paying out claims I followed up on my claim and was told I was not able to collect on this action because I had collected on one of the States AG’s settlements. Furthermore from what I can make of this settlement and the way the settlement is being done anyone who paid cash would only get 14% of the final consumer award funds whereas the insurance companies who were not able to rake in tons of money through the AG settlements will get the bulk of those funds up to 86%. SO there you go Who do you think made out in this antitrust lawsuit. Because when you add up what you might have paid out of pocket for this drug over 6 years without insurance you will never get that total amount back. Or even half the cost! But have no fear any insurance company that covered the cost is going to recoup 100% of what it paid!!! Tell me who you think is more important when it comes to settling an Anti-Trust consumer lawsuit. If you think it is the American consumer better get your head straight. It happens to be just someone else who is a member of the 1%. Money Begets Money!!!