Class Eligibility

All persons residing in the states of 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 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. You “purchased and/or paid for” if you paid some or all of the cost of the drug. If insurance did not pay for the whole amount of the drug, you are included. Specifically, you purchased and/or paid for Provigil® or generic versions of Provigil® (modafinil) if you were:

(a) An uninsured consumer who paid all of the purchase price of the prescription; or

(b) An insured consumer who made a co-payment or other partial out-of-pocket payment, or paid the entire cost because you had not met a deductible amount under your health plan.

Estimated Amount

Varies

With a few exceptions, consumers’ recovery will be calculated based on how much you paid for Provigil® and generic versions of Provigil® (modafinil) from June 24, 2006 through March 31, 2012, compared to the amount paid of all other consumers who file valid and timely claim forms.

Proof of Purchase

No

Per the terms you may be required to provide proof of purchase later

Case Name

State of New York, et al., v. Cephalon, Inc. et al.,
Civil No. 2:16-CV-4234.
District Court for the Eastern District of Pennsylvania

Case Summary

This lawsuit claims that Defendants engaged in a course of conduct to delay the sale of generic versions of Provigil®. The lawsuit claims this conduct violated federal and state antitrust laws and consumer protection laws by delaying the entry into the market of low-cost generic versions of Provigil®. Defendants deny all of these claims. The Court has not made any determinations regarding the merits of the case.

Settlement Pool

$35,000,000

Deadline

04/13/2017

Contact


State AG Provigil Settlement, c/o A.B. Data, Ltd.,
P.O. Box 173026, Milwaukee, WI 53217,
1-877-236-1413.

20 responses to “Provigil Generic Delay Anti-Trust Class Action Settlement”

  1. Lora leigh smith says:

    I purchased provgil

  2. Brittany Kinder says:

    I purchased Provigil around March 2011
    However, I have no proof.

    ADMIN – Hi Brittany,

    Please refer to your pharmacist for evidence.

  3. Sara E Dodson says:

    I have taken Provigil and/or Modafinil (when it came out on the market as the generic version) for many, many, many years. Even with insurance and having to meet our Deductible and Co-pay every new year, this prescription would be the first to be filled and, of course, was the most expensive! I have always cringed and would get so upset wondering where we were going to get the money just for one necessary-to-function drug! To this day, I physically feel myself get uptight when I think about the expense! Sadly, I have been only able to obtain this one record for January 2012 due to the neurologist’s office changing/updating how records are kept and so, they no longer have access to anything prior to that date.

    ADMIN – Hi Sara,

    Your source for records is actually the pharmacy.

    • Sara E Dodson says:

      Right, thank you, however, the pharmacy prior to 2012 has only this one record due to how long records are kept and sadly, since this claim is since 2006, that is the only record I was able to produce.

  4. Darrcel Bailey says:

    I USED THIS BACK IN 2008

  5. Darrcel Bailey says:

    I used the product in 2008

  6. Amanda M Short says:

    Is there an online claim form

    ADMIN – Hi Amanda,

    There is.

  7. deborah little says:

    I used this product in 2014

  8. sandra hansen says:

    There is an on-line form available on the AG Provigil Settlement Website, or am I missing something?

    ADMIN – Hi Sandra,

    There is, just look at the top a tab reads file a claim.

  9. sandra hansen says:

    “While the class action is online, the actual form is a paper form that must be printed”.

    Does this mean that if we file a claim online we have to print it out and send it by mail?

    ADMIN – Hi Sandra,

    The page is now updated to include both digital and printable.

  10. Steve says:

    Hello,
    I spent thousands of dollars on Provigil during this time, and could easily get proof, but I live in California. Does that mean that I am excluded from this lawsuit?
    Thank you

    ADMIN – Hi Steve,

    It sure looks that way. CA is not included.

  11. Mary says:

    Is Nuvigil included in the class action settlement?

    ADMIN – Hi Mary,

    No

  12. Kevin Stockley says:

    I bought Provigil in February right around the 15th

  13. Kathy A vanderheyden says:

    I purchased provigil

  14. Bernadine says:

    Regarding claims in California:
    “#3. If a consumer filled a prescription for Provigil® in California or Louisiana and paid $1,000, that consumer’s check would be calculated as follows: $1,000 x 5.36% = $53.60. The entire amount would come from the Class Consumer Fund. California and Louisiana consumers are eligible to receive money only from the Class Consumer Fund because those states are not participating in the States’ settlement. ”

    I’m going to file and see what happens.

  15. Steve M says:

    We purchased this at a ridiculous price in 2014. This settlement says it is for 2006 through 2012. Why? And why does it state those of us who purchased it through 2016 are affected?

    ADMIN – Hi Steve,

    This settlement has to do with the delays of generic drugs. I believe generic modafinil became available in 2014

  16. Stephanie Blunt says:

    I have started used Provigil in 10-23-2008 , 01-22-2009 , 02-22-2009, 05-26-2009, 07-24-2009 and there are more dates but theses are some that I remember I have also used them up to date.

  17. Stephanie Blunt says:

    I also used it in 2010 ,2011, 2012

  18. Matt says:

    Yep, they raised the price on Provigil to over $1,200 per month and United Healthcare stopped covering it.
    It’s a great drug for night shift disorder, but a rip off.

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