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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
I chased up a reply from the “A.B. Data, Ltd., Class Action Administration” and they said “Your claim is currently deficient because the spreadsheet you provided is not sufficient to provide as proof of payment.” Which is confusing me because I did indeed sent them a spreadsheet of my payments but I also sent proof of payment which was a printout of my payments through my insurance?? does this mean I wont be getting anything?
Did they send you a claim form to fill out or you filled one out online? I’m asking because some people received a claim form in the mail and I haven’t heard anyone of those people say they were denied.
i received a claim form in the mail and havent heard anything back at all
So after like 4 emails back and forth they said I could resubmit my proof of payment, which I did so fingers crossed
Fyi I talked to A. B today and they said payout is looking like spring or summer. They are on their 3rd round of audits that California is requiring
Same for me! I sent them receipts, pharmacy records back to 2011 because that’s as far as they could go and a proof of current prescription. I sent all that online and through the mail and they told me I need more proof. They sent me the original form so they know I’ve been on the medication. So they are now requesting more documents, what else can I possibly send??? I’m beginning to think they are trying to find reasons to deny payments. I’m so frustrated!
Has anyone received a check yet?
Still waiting…
I got denied they said i didnt send in proof funny how i was part of the 1st one and they accepted the letter from my doc i got 9000$ guess i cant be greedy but still they should have accepted my claim for the all states one. Oh well wish u guys the best of luck
How did you find out that you were denied?
I wouldn’t expect an answer. I think there’s been like one guy last month who answered the why part…but actually you were the one asking so lol you know how it seems to go around here.
They would have sent you a deficiency letter.
You received a check for $9000 from the California settlement? Just curious because, I sent in paperwork & proof, etc & haven’t received info from them ever, for anything.
No — He is saying he got $9000 from the “previous” Provigil settlement, not the California one. If you research it, you will see there were earlier settlements that were sent out in 2018.
Don’t feel alone I sent from the drug store all the years I was on it and still on it they won’t even call back
Hopefully this will be sorted soon, really need the cash right now :(
Called today Nov. 18, and was told payments will be dispersed Jan. 2021. Not about or should be, or anything, she said that is the month they will be dispersed. So hopefully that is that, and though I really wish it was earlier, I am at least hopeful that we get paid in Jan.
This is great news, do u know if we can find out amt?
i hope your right,lost my job and got kovid on top of that, has not been a good 2020, maybe a check to start off the year in 2021 will be a good sign of things to come for everyone….
It’s feb
I emailed them in Aug and they gave the standard it can take up to a yr. Don’t care for a….b…..data they will deny proof u send or say they didnt receive. So, I’m hoping since i was in the 1st settlement and they sent me the letter and i again uploaded proof, that there won’t be issue. Not bashing them just saying they deny alot of people. Its gotta be soon
Any updates on payment dates?
I’m assuming not…I got paperwork saying they didn’t have a signature from me in March, promptly signed it and send it back. Still haven’t heard a thing after that.
Called today Nov. 18, and was told payments will be dispersed Jan. 2021. Not about or should be, or anything, she said that is the month they will be dispersed. So hopefully that is that, and though I really wish it was earlier, I am at least hopeful that we get paid in Jan.
I wrote them, i was in 1st and got letter they said denied.
They told you in email you were denied?
When and how did you get the denial news? I’m very sorry you got denied
Still playing phone tag so let me try here? (September 20, 2020)
RE: Richard A Kelly
Settlement amount?
Check number?
Date check will reach me?
Thank you
TCPA any idea of payout date? Thank you!
When i called today they say payouts can take up to a year. That was it. Wouldn’t give an estimated payout date.
any updates tca…
I was wondering what was going on to
Someone mentioned on Facebook that they’re paying out in December but, they didn’t say where they got the information from.
Where on facebook?
They’re saying now it’s paying out in January but I got it from a group I follow called Class Actions.
Something coming today…..
What do ypu mean by something coming today?
Please update us