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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 just finally ended up calling and speaking to a really nice gentleman on the provigil settlement hotline and he said that it still showing our claim is under review which he said that’s very common they are waiting for the money so they can start cutting the checks so check should go out in the next 30 to 90 days at the latest.
I called 3 weeks ago. I was told that my claim was all good. Payment was to go out in 30-60 days. Immediately. They have had the money ever since Judge ruled with the claimants. They just keeping making up stories as they go along.
Has anyone heard anything new regarding payouts? We must be getting close.
i received the same information
I sent an email on June 23rd asking for an update. The automated reply was in 3-5 business days I would get a response. As of today, still no response:(
A week now and still no response.
Rrrrrr
I even sent another with no reply:/
Has anyone heard anything new lately. Back in March I was told to set my calendar ahead 6 months which would take us into September, only 2 months away. I hope that is accurate.
I was told the same thing when I emailed in July 2020, And January 2021.
Any update?
I submitted all required documentation well in advance of the cutoff date. I find it ridiculous that we can not get any updates! I have called the contact number several times and everytime I talk with someone I’m told “set your calendar for at least 6 months from now” Why can no one give any information?? It feels like they are waiting for people to just give up or forget.
Im told the same thing! It sucks
I just an email to the assistant district attorney for California. Asking her to look into why they r holding the money.
hopefully she can read eubonics. we are not in africa, dear.
Imagine being so insecure and scared of others that you post something like this. I hope things get better for you and you start feeling better about yourself.
Have you heard back from the D.A.?
In March they stated the same thing. I’m curious to know how much interest is building up in the bank that it’s sitting in? Just sayin
Any updates as of today. I received a letter requesting proof, but pharmacy required 7-14 days to mail me documentation and I had three days to submit paperwork, so my doctor wrote a note. However I have heard nothing since that info was submitted. Just checking to see if anyone has received any further info. I pay 200$ for that medication and have for years. Would love some of it back….. esp considering it sales for 1700$ monthly and cost less than 1$ to make. Thanks
I was one of the people that supposedly filed two claims. I filled one out, then was contacted and told I filled it out incorrectly, and I filled out a second one. A year later I got a letter saying my claim was denied because I filed twice. I was not scamming, I was following directions and I’m sure I wasn’t the only one.
TCA are there any updates on this settlement.
Does anybody know of any updates? I understand they are clearing a massive amount of fraud up, which I totally agree with, but I was wondering if there was a time frame for when the real people affected would get their checks. Has anybody received a check or heard any news? Best!
Any update on the California side of this? I am approved but there have not been any updates posted to the link on that one.. Can we get an update TCA??????