Provigil Generic Delay Class Action Settlement Checks Mailed

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Checks have reportedly been mailed to Class Members of the Provigil generic delay class action settlement.

According to comments and posts on the Top Class Actions Facebook page, Class Members who submitted timely and valid claims for the Provigil class action settlement began receiving checks worth as much as $4,939.14 on Feb. 5, 2018.

If you filed a claim for the Provigil generic delay class action settlement, you may soon be receiving your cash payment.

The $35 million Provigil generic delay settlement resolves a class action lawsuit alleging that Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., and Barr Pharmaceuticals Inc. intentionally delayed the sale of a lower-cost, generic version of Provigil, a medication prescribed to treat certain sleep disorders including narcolepsy.

Attorney Generals from 48 states and Washington D.C. filed the lawsuit on behalf of individuals who paid for Provigil, or modafinil, its generic alternative. The lawsuit did not contest the efficacy of either Provigil or modafinil.

According to Teva Pharmaceuticals and Barr Pharmaceuticals, these claims are untrue, and their conduct regarding the drug was legal.

Eligible Class Members included any resident of the following states who “purchased and/or paid for Provigil or generic versions of Provigil (modafinil) for consumption by themselves or their families during the period from June 24, 2006 through March 31, 2012”:

Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia.

Residents of Louisiana and California were not included in this settlement.

People who purchased the drugs for resale purposes were not included, nor were those who purchased the drugs directly form Teva Pharmaceuticals and Barr Pharmaceuticals. 

The settlement included all individuals from these states who purchased and/or paid for some of the drug, meaning that their insurance did not cover the entire cost of the drug. Specifically, the settlement covered:

• Uninsured consumers who paid the full price of the drug;
• Insured consumers who made a co-payment or a partial, out-of-pocket payment for the drug;
• Insured consumers who paid the full cost of the drug out-of-pocket because they had not met the deductible on their health plan.

The deadline to file a claim for the Provigil generic delay class action settlement passed on June 25, 2017.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

Class Members are represented by Mitchell L. Gentille and Brian F. Jordan of the Ohio Attorney General’s Office — Antitrust Section.

The Provigil Generic Delay Class Action Lawsuit is State of New York, et al. v. Cephalon Inc., et al., Case No. 2:16-cv-4234, in the U.S. District Court for the Eastern District of Pennsylvania.