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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 updates? I have not seen anything for at least a month now. the fairness hearing was in Feb and it is now April… Will they be making payments in about 90 days or less?
I have not seen or heard anything for at least a couple of weeks anyone have any updates on the status of this one?
According to ORDER GRANTING END-PAYOR PLAINTIFFS’ MOTION which I got off PACER :
‘Based upon the foregoing, which takes into account each of the factors specified in Rule 23(e)(2), the Court finds that the Settlements and the Plan of Allocation are fair, reasonable and adequate and finally approved. The Parties are directed to promptly consummate and administer the Settlements in accordance with the terms of the Settlements.’
Any updates from the final hearing on February 26th?
No final approval yet for either case.
When will we hear something?
When will checks be mailed?
i see where california has processed some of there claims
Cin, please share from what source did you see that California has processed some of their claim. Thanks in advance.
Just called the Milwaukee office and they said that a decision has been reached but couldn’t tell me if I was included, or if any information would be posted on the web site’s opening page. How do you know if you have money coming ?
Wonder why they will not provide more info. Nothing posted on the website.
Do you think this one has anything for good potential to payout in the next 90 days? I think the time for objections may have already passed or last chance might have been at the Feb 26th 2020 fairness hearing
I think it will pay.
Got my letter in the mail to file a claim on January 20th 2020 and deadline is January 15th. Been on this med for 8 years.
Why isn’t Oregon included in this suit?
Add me tpp
Please add me
The only proof I have is 3 RX bottles from 2012/2013. My pharmacy has no records because it no longer exists and my medical records for the prescription can’t be found because the office has merged with another company since then.