Any person who considers themselves to be the victim of a functional impairment attributable to benfluorex or, where applicable, their legal representative in the case of a minor or their beneficiaries may refer the matter to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Disorders and Nosocomial Infections) with a view to obtaining compensation for the resulting losses. If the victim is an adult subject to a legal protection measure with representation, the person responsible for this measure may also refer the matter to the Office.
The request includes the information mentioned in the second and third paragraphs of article L. 1142-7. It also specifies the names of the medicines that were administered and the evidence that benfluorex was administered. The person making the request must provide all relevant information, in particular concerning any person, other than the operators of the medicinal product, mentioned in article L. 1142-2 to whom he wishes to make the procedure enforceable. The same applies to the operators of the medicinal product concerned, who are informed of the request as soon as it is received by the Office.
As soon as it receives an application, the Office informs the social security organisations to which the applicant is affiliated.
The last paragraph of Article L. 1142-7 applies to referrals to the Office under the conditions set out in this Article.