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drug side effectsChecks 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.

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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.

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122 thoughts onProvigil Generic Delay Class Action Settlement Checks Mailed

  1. Christine Pellegrino says:

    Wondering if there are any updated payments made as of today?

  2. BRAD PATTERSON says:

    My name is Brad Patterson. I also filed in January online. I have not heard Anything yet on this lawsuit. I have been on Provigil for many years. Please add my name to the list. Thank You

    1. Emily Montoya says:

      My name is Emily Montoya, I filed and mailed in my paperwork with proof of purchase.

  3. Carolyn Hamala says:

    I live in Fort Worth Tx, I filed the paperwork to be included in settlement. When will Texas clients get their checks from the Provigil settlement? My papers were filed on Jan 15, 2020.

  4. Freada Omasi says:

    I have not received any information about when I will receive my settlement check. I have a case number. Just need to know who do I talk to. I live in Iowa. Be blessed

  5. Malissa says:

    Add me on claim

    1. Freada Omasi says:

      Melissa, you needed to file prior January 2020 but California is not a part the suite

  6. Ashley says:

    I was never notified of this class action and I live in Maryland. Is there anything that can be done now?

  7. Lynn Brzykcy says:

    I was not notified of this class action lawsuit for Indiana. I just received one for Illinois which does me no good. Now I see that the Indiana case is closed. How can that be. Why notify me for Illinois when I never lived or worked there. This is not right as I paid for provigil for years before modafinil came out. Does anyone have any advice

    1. Ann Dill says:

      I also did not receive notification of Indiana’s participation in the class action. I received notification today of Illinois’ participation. I have been paying for the drug since 2008 in Indiana and in Illinois since 2019.

  8. Ivy Kennedy says:

    I was not notified of the class action and had to decide food or medication for several years at $1200/month.

    1. Aileen Dodge says:

      You can file a claim under a new class action settled for California residents but this class action includes all other states too. So it isn’t too late, believe me I know exactly what your saying about the cost every month and you had to decide food or medication. For me it was pay all of rent or cost of provigil. You wont get it all back but you should be able to get a good amount back. Do a search for Vista Healthplan, Inc. v Cephalon, Inc. (E.D. Pa). That should bring up the class action from when California AG received notice of settlement.

      1. DARLENE CARL TUCKER says:

        My name is Darlene Tucker from Winston Salem, NC . My claim # is 657862860. I filed my claim with ORIGINAL RECEIPTS from Walmart and have repeatedly called and said my claim was still active. I call back 877-241-7503 and someone every 3-4 months tells me my claim is still active. I call today and there is only voice mail. I filed my claim timely and in good faith and have heard nothing and have not received my check.

        Please call me to explain. 301-802-6712.

        Thank you. Darlene Tucker DOB 3-7-1947 Please

        1. Myra Britt says:

          I live in NC also, by the way.

  9. rozalen pober says:

    rec’d check for $115.16 from state of NY v. cephalon for Provigil…2nd distribution

  10. Tamara Oliver says:

    I received documents saying I was eligible for my pro rats share of the second distribution my amount was really really low what was that based on

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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.