Claims must be filed by June 25 for damages from an overpriced brand-name drug Provigil or generic modafinil between the dates of June 24, 2006 and March 31, 2012.Attorney General Doug Peterson is urging Nebraska residents to file claims or make their views known on the $125 million multistate settlement.
The settlement provides $35 million for distribution to consumers who paid for the brand-name drug Provigil or generic modafinil.
Provigil, which includes the active ingredient modafinil, is approved by the federal Food and Drug Administration to improve wakefulness in adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea, and shift work disorder.
Nebraska residents are eligible for approximately $250,000 in restitution payments through this settlement.
In August 2016, state attorneys general settled with the biopharmaceutical company Cephalon and its affiliated companies, including Teva Pharmaceutical Industries, Teva Pharmaceuticals USA and Barr Laboratories.
The settlement resolved allegations that the companies engaged in unlawful "pay-for-delay" anti-competitive conduct involving the patent exclusivity for Provigil.
"Pay-for-delay" conduct occurs when a branded drug company seeks to unlawfully maintain its exclusive rights by paying a would-be generic competitor to delay entry into the market and thus keep prices at artificially high levels.
For more information or to obtain a claim form, visit www.StateAGProvigilSettlement.com or call 1-877-236-1413.