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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 got the following email this morning ….
“We are currently awaiting approval from Class Counsel of the final pro-rata calculations, based on the amount awarded and the number of eligible claims in this case. There are three sets of Class Members that are being prepared also we expect this to be finalized in a couple of weeks and then we can prepare the mailing of the checks, which will take about 10 business days to generate and mail, once we receive the approval, so we expect this timeline to be within three to four weeks for completion. It could be slightly longer, but this is our best estimate. We appreciate your patience in this matter”
Anyone else get this?
No, but I talked to someone at AB Data today. Again, they reminded me tat this was a very large case with many variables and there was no known timeline for distribution. They said be patient. More of the same!
They informed me when I called this morning that payment would be in 30-60 days. So many different answers they are giving people. The longer they hold the money the more they earn in interest.
Completely untrue. They cannot distribute until the Court signs off on the Distribution Order. And any interest accumulated up to that point stays in the settlement fund and is divided up between the eligible claimants. AB Data has a set fee. They don’t get to keep interest. Every single penny is accounted for. You’d think you serial fraud filers would know how this works by now.
I’m not sure who you are calling a fraud filer, but I know it’s not me. And if you go back and read the court papers they do in fact get to keep one-third of any interest. So don’t be mean and nasty. Some of us have never been involved in a class action before.
I suggest you read the Final Approval Order dates April 20, 2020 which states “Accordingly, the Court awards to Class Counsel
attorneys’ fees in the amount of $21,959,200, together with one -third of the interest on the
Settlement Fund from the date the funds are deposited in the Settlement Escrow Accounts until
payment of such attorneys’ fees, at the rate earned by the Settlement Funds” so the longer they delay the more interest they get
I suggest you read the Final Approval Order dates April 20, 2020 which states “Accordingly, the Court awards to Class Counsel
attorneys’ fees in the amount of $21,959,200, together with one -third of the interest on the
Settlement Fund from the date the funds are deposited in the Settlement Escrow Accounts until
payment of such attorneys’ fees, at the rate earned by the Settlement Funds” so the longer they delay the more interest they get
I suggest you read the Final Approval Order dated April 20, 2020 before you spout off your nonsense. The order states “Accordingly, the Court awards to Class Counsel
attorneys’ fees in the amount of $21,959,200, together with one -third of the interest on the
Settlement Fund from the date the funds are deposited in the Settlement Escrow Accounts until
payment of such attorneys’ fees, at the rate earned by the Settlement Funds” so the longer they delay the more interest they get
The Law Firm is paid first so they only get 1/3 of interest until that date they are paid. The Settlement Administrators do have a fee they charge but they can ask the court to get more money if they feel the expenses will be more than they asked for. That extra money if approve is taken out of the settlement fund. Interest is placed in the settlement fund and is included in the final amount paid out to approved claimes. It looks like you both have some true factors in your statements but as far as I know this is how it truly works. Please update me if I am not correct.
Has anyone else seen this new Cypresfunds website? It says they are handling fund distribution on the California side of the case…
Thank you for the update.
Check today in IL 596.98
Do you remember what amount you filed for vs what you received in payment?
mine was 1/3
Just ✋ What do you expect to accomplish here? Court settlements do NOT divert payouts to those NOT listed/qualified to receive the money. Stop ? trying to generate hate!
Hi
Did checks go out yet? Any word or update
Sorry the last update on Pacer was 2/7/2022
Ok thanks…
Does this diversion for immigrant resettlement mean that class members will not be paid?
Where are you getting this information from?
Has anyone received a check yet? Or heard anything new
I really wish we could make bets on if we will get paid this month.. This has lasted forever and it seems like it will never end. No new updates so we are still at a standstill,
I would like to have the information to contact the judge in this matter and let the court know how things have been handled. After years of waiting, it is a bit of a stretch to ask us to be patient.
The judge is aware of the slow response to this case since the letter was sent and recorded in the case. Now if they go against their word I just wonder what’s going to happen? They said March but knowing them they will wait till the last day of the month to send anything out.
I thought the court docs said it would be a “minimum of 60 days” from the date that distribution was approved? That means no checks will be mailed until AT LEAST those 60 days have passed.
I’ve saw all the docs and nothing I’ve saw referenced a 60 day waiting period.
Good to know!
03/21/2022 check for 596.98 in IL.
California Only!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Case 2:06-cv-01833 Filed 02/07/22
I have edited this from Pacer so if you would like to read the complete latest update to the case please use the information provided.
Assuming there are no serious objections to the calculations the Claims Administrator will start
generating and sending out the thousands of checks to consumer claimants 26 states across the
country, including California. The Claims Administrator predicts that checks (including yours)
will be sent at the beginning of March.
California Only!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Thank you for the update.
Thank you for the update. This actually applies to both settlements National and California. This was a response to a letter from a claimant in both the national and California claim.
I was not aware of that since I am just in the Cali one. This is great news for everybody if it actually happens. I guess in a few weeks we will all know for sure.
All other states: A general Motion for Distribution was filed in December and it was approved in January. A pay out occurring in a “minimum of 60 days” means not before that time, of which it has not yet been 60 days since the Approval for Distribution was given. However, it is not our choice, as we are waiting on Counsel to move forward with the distribution factors. We understand your frustration and ask your patience in this settlement. It is extremely large, contains multiple levels within the settlement which are not all finalized.
Hi, Where is this new information from? In the last letter from “counsel” on the docket he specifies distribution should be occurring beginning of March.
That sounds like another email from the distribution company. Another shove off email to keep everyone at bay. Especially since claimants are complaining directly to the judge.
I think it’s best to go by what’s on that actual case report. As of now the last update on 2/7 says payment should be going out in March. I will check to see if anything changes later. I or somebody else will post updates that are verified by Pacer or another case update site..
Just got off the phone with folks at the provigil settlement phone number…they know nothing. They dont know when the checks are going out they dont know how much anyone is getting. Then they refer you to their website for updates…I said nothing has been updated since April of last year to which they replied thats because their is nothing to update. Makes me wonder why they have those folks sitting around answering phone calls, which of course is coming out of the settlement funds.
Just saw on the docket a class member wrote the judge about the issues with the administrator, delays, updates, and no payments.Court ordered a response within 7 days. Hopefully this puts a fire under their butts we will receive payments soon!
Thanks for the update.
Yeah. It seems ridiculously long from final approval.
Thank you for the update.
Thanks
I was just told “the class council” has to now approve. And I was promised that they have zero motivation to hold the money any longer. Which I believe them, because it is not like you could make interest on the money sitting in the accounts. Oh, wait guess you probably could, so why not wait another 60Days. The class council names are all listed on this page. I guess they are like, why not make them wait, it is not like they were screwed over by the Provigil people for years.
FYI the settlement fund has a set amount that the Settlement Company will get unless they ask for more and they can only get that if the Judge approves it. The interest is always included in the money they pay us. This information is found in all Settlement Agreements and other documents in the Important Document section in every case.. It really doesn’t do them any good to hold on to the money but they still do it way longer than I think they should. I feel we should get paid at the same time the lawyers do and that’s when the Settlement is Approved.. Just my lil opinion.
Will plaintiffs get that full amount that is labeled “authorized claim” on Pacer?
I am not able to see that section so I can not say what amounts will be sent. It is subject to be more or less per the Settlement Agreement. We are closer than ever to getting paid and all questions will be answered.
I am so lost on what this post even means and why did you post it??
Not happy with your ignorance
New email response: The Court entered an Order approving the distribution of settlement funds on December 21st, 2021. We are currently preparing final award amount calculations in preparation to issue payments. We anticipate checks bring mailed out in the next 4-6 weeks.
Is there anywhere we can check to see if we are getting the refunds?
Is this response for the national or the calif case? Or both??
My claim wasn’t for California. So the other one is for my email received. Also, that’s literally the copy of what my email stated back from them.
Exactly. This website is for settlement discussions NOT Political nonsense.
This update is only for the California side!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Per Pacer Updated December 21.2021
ORDER APPROVING END-PAYOR PLAINTIFFS’
DISTRIBUTION OF THE SETTLEMENT FUNDS
AND NOW, this 21st day of December, 2021, upon consideration of End-Payor
Plaintiffs’ Motion for an Order Authorizing Distribution of the Settlement Funds (Doc. No. 623)
and the accompanying exhibits and Declaration of Eric J. Miller (“Miller Declaration”):
Where to find on Pacer: Case 2:06-cv-01833-MSG Document 624 Filed 12/21/21 Page 1 of 4 (Please verify if you like and post a corrected comment Thanks)
This is for the California side only!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Do you know if that is just California?