A proposed $69,000,000 Settlement has been reached regarding the prescription drugs PROVIGIL®, NUVIGIL®, and generic PROVIGIL® (modafinil). The Settlement resolves Defendants’ alleged violations of antitrust and consumer protection laws by delaying the availability of less expensive generic versions of Provigil®. The Defendants have denied any wrongdoing and no one is claiming that these drugs are unsafe or ineffective.
The Attorney General has requested approval from the Court to distribute $25,250,000 to California consumers who were harmed by the Defendants’ alleged conduct. Upon approval by the Court, a notice and claims administrator will begin to collect and process claims from eligible California consumers.
Californians who believe they are victims of Teva’s alleged misconduct may file a claim or obtain a claim form at www.ProvigilSettlement.com.
You are eligible to file a claim if you: (1) Purchased and/or paid for PROVIGIL®, NUVIGIL®, and/or generic PROVIGIL® (modafinil) through a valid prescription; (2) Were a resident of California at the time of each purchase; (3) Made the purchase of the drug as a caregiver or for personal consumption; and (4) Made the purchase(s) between June 24, 2006 and December 31, 2012. You are eligible even if the purchase was reimbursed fully or partially by insurance. You may also be eligible to submit a separate claim for your purchases of PROVIGIL® and/or generic PROVIGIL® (modafinil) in a Class Action Settlement that is being administered through the same website by the same notice and claims administrator.
Payments will be made, upon Court approval, only to consumers who submit valid claim forms. The payments will be based on a fixed dollar amount for each eligible prescription claimed. For more information regarding the distribution formula, please refer to Exhibit 4 of the Settlement Agreement.
Here are the latest updates:
November 15, 2022 Update: Distribution checks have been mailed by the Court-appointed Settlement Administrator.
November 9, 2022 Update: The Court-appointed Settlement Administrator is in the process of preparing direct cash payments to the 6,169 Claimants with validated Claim Forms. Each Claimant’s share of the Provigil Settlement will be calculated based on the Court-approved rate of $32.01 per prescription. The target date for delivery of the payment checks by the United States Postal Service is before Thanksgiving Day or shortly thereafter.
October 11, 2022 Update: Order Granting State of California’s Motion for Disbursement of Funds and Permitting Late Claims
September 20, 2022 Update: State of California's Motion for Disbursement of Funds
View the latest PROVIGIL® Settlement Updates page for information concerning claims and distribution.