IF YOU PURCHASED PROVIGIL®, NUVIGIL®, OR GENERIC PROVIGIL® (modafinil), THE CALIFORNIA ATTORNEY GENERAL’S SETTLEMENT MAY AFFECT YOU
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 form available at www.oag.ca.gov/report with the California Attorney General’s Office, and they will be notified when the claims process has been established.
Who Is Eligible to Make A Claim?
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 for consumption by yourself or for a family member; and (4) Made the purchase(s) between June 24, 2006 and December 31, 2012. You are eligible even if some or part of the purchase was reimbursed 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.
What Does the Settlement Provide?
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.
Please check this webpage regularly for updates as you will only have a limited amount of time to submit a claim once the Court preliminarily approves the Settlement.