Patients who paid for Provigil or generic versions of Provigil (modafinil) could get money from a state attorney general settlement.
A proposed settlement has been reached in a lawsuit regarding the price that individuals in 48 states and the District of Columbia paid for Provigil and generic versions of Provigil. The lawsuit asserts that defendants Cephalon, Inc, Teva Pharmaceutical Industries, Ltd, Teva Pharmaceuticals USA, Inc, and Barr Pharmaceuticals, Inc, violated antitrust laws relating to the sale of the prescription pharmaceutical Provigil. All defendants have denied any wrongdoing. Provigil (modafinil) is used to treat excessive sleepiness caused by sleep apnea, narcolepsy, or shift work sleep disorder.
If you purchased Provigil and/or modafinil between June 24, 2006 and March 31, 2012, you may be entitled to a payment from the Settlement Fund. If you purchased Provigil and/or modafinil through July 28, 2016, your rights will be affected, whether you act or don’t act.
No question is raised about the safety or effectiveness of Provigil or modafinil.
Who Is Eligible to Make a Claim?
You are eligible to make a claim if you fit the definition below:
- Purchased and/or paid for Provigil or generic versions of Provigil (modafinil), including co-pays and co-insurance,
- Purchased between June 24, 2006 and March 31, 2012,
- In 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,
- For consumption by yourself or a family member.
- Residents of Louisiana and California are not included.
Specifically, you purchased and/or paid for Provigil or generic versions of Provigil 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.
What Do the Settlements Provide?
The defendants will pay a total of $35 million into a Settlement Fund to settle all claims in the lawsuit brought on behalf of consumers.
The Settlement Fund will be distributed pro rata to consumers who file a valid claim form. The amount of money you are eligible to receive will depend on how much you (and other consumers) paid for Provigil or modafinil.
How Do I Get a Payment?
You must submit a Claim Form by April 13, 2017 to be eligible for a payment. The claim form, and instructions on how to submit it, are available at www.StateAGProvigilSettlement.com or by calling 877-236-1413.
What Are My Other Rights?
If you purchased Provigil and/or modafinil through July 28, 2016, and you do nothing, your rights will be affected. If you do not want to be legally bound by the settlement, you must exclude yourself. The deadline to exclude yourself is April 14, 2017. If you do not exclude yourself, you will not be able to sue the defendants for any claim relating to the lawsuit. If you stay in the settlements, you may file an objection to the settlements by April 14, 2017. The court will hold a hearing on July 25, 2017 at 10:00 am to consider whether to approve the settlement, the proposed plan of allocation and any other issues the court thinks are necessary. You can appear at the hearing, but you don’t have to. You can hire an attorney, at your own expense, to appear or speak for you at the hearing.