Deadline to apply for settlement in drug suit expended

(WDTN Photo)

COLUMBUS, Ohio (WDTN) – Ohio Attorney General Mike DeWine said Tuesday that consumers now have until June 25 to seek a portion of a $35 million multistate settlement fund for those who paid for the wakefulness drug Provigil or its generic counterpart, modafinil, from June 24, 2006 to March 31, 2012.

An estimated $1.57 million is available for Ohio consumers, according to the Attorney General’s Office.

The funds are available as part of a multistate settlement announced by Attorney General DeWine and other state attorneys general in August 2016. The deadline to file claims originally was April 13, but the states sought an extension, which the court granted this week.

“We want to make sure that anyone who is eligible for settlement money has the opportunity to file a claim,” Attorney General DeWine said. “This is funding that otherwise wouldn’t be available to consumers, and we encourage people to look into it.”

Provigil, which includes the active ingredient modafinil, is approved by the Food and Drug Administration to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea, and shift work disorder.

The settlement, reached with biopharmaceutical company Cephalon and its affiliated companies, including Teva Pharmaceutical Industries, Teva Pharmaceuticals USA, and Barr Laboratories, resolved allegations that the companies engaged in anticompetitive conduct to delay generic versions of Provigil from entering the market for several years.

The settlement included $35 million to compensate eligible consumers who may have been harmed by the alleged conduct.

To be eligible, consumers must live in Ohio, the District of Columbia, or any state other than California and Louisiana. Consumers must have paid for brand-name Provigil or generic modafinil from June 24, 2006 to March 31, 2012.

For more information or to obtain a claim form, visit or call 1-877-236-1413.

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