Top Class Actions  |  September 4, 2019

Category: Closed Class Actions

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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

  1. Claudette McGowan Jones says:

    What is the address to mail the deficiency reply?

  2. Fiona says:

    Received a letter today that I had forgotten to sign my claim form, the return date was by April 6th. Not sure how long after that they’ll be mailing out payments.

    1. Tdbaxter says:

      Was it from vista healthplan

      1. Fiona says:

        Yes, it was.

  3. Will says:

    USPS incoming mail today from Cephalon, Provigil.

    1. Joe says:

      Did you get it? what did it say?

  4. Well says:

    Actually, I attached receipts with my claim.

  5. No truth says:

    How do you know they’re sending out denial letters today unless you work for the company.

  6. Honest Consumer says:

    So are we all supposed to save EVERY receipt for EVER? I don’t have any receipts from 2006, do you? My pharmacy does not have any records past 18-24 month and if I paid out of pocket, which I did, they have no records at ALL. So, slow your roll. OF COURSE they send denials so THEY can pocket the funds. My Doctor will write me a letter attesting to the fact I was taking the drug but WHO KNOWS, that is not a receipt that shows I paid for it so I may still get nothing.

  7. From A.B Data Ltd says:

    Thank you for your inquiry in the Provigil Settlement.

    There is no hold up or delay. This is a very large settlement. And there is an enormous amount of work that needs to be done. While many settlements take around a year from the claims filing deadline, some of them take longer. We’ve seen cases that have taken as long as five years to complete. Because there are so many variables involved in a case of this nature, it is very difficult to accurately estimate the timeframe for distribution.

    We would recommend pushing your calendar ahead six months. Also, you are welcome to check the website linked below. When there is new information to report, the website will be updated. Counsel’s information is also available on the website.

    1. Christine says:

      So the assumption is no payouts for at least six more months, correct?

  8. Liz says:

    Has anyone heard anything about payouts? Do you think we will get paid?

  9. LD says:

    Top class action do you have any updates on this settlement?

    1. Gina Iurato says:

      I called in January and they said things have been delayed due to the coronavirus and they said that we won’t start seeing payments most likely until March sometime

  10. K.B. says:

    I’m still dumbfounded over how this lawsuit was never nationally disclosed. There have been countless number of class action lawsuits where info was provided not only by mail, but via television, radio and paper ad. Nothing!!! I didn’t know there was an earlier class action in 2018 or even one a few years ago, here in my state. This is ridiculous.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.