Without prejudice to any actions which may be brought in accordance with ordinary law, full compensation for any loss or damage directly attributable to a compulsory vaccination carried out under the conditions referred to in this Title shall be provided by the National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections set up under article L. 1142-22, on the basis of national solidarity.
The Office will arrange for an expert report to be drawn up and will carry out all investigations without being bound by professional secrecy.
The offer of compensation made to the victim or, in the event of death, to his heirs, is presented by the Director of the Office. The Office’s Board of Directors is assisted by a Steering Committee, which includes representatives of the associations concerned.
The offer indicates the assessment made for each head of loss, notwithstanding the absence of consolidation, as well as the amount of compensation due to the victim or his heirs, after deduction of the benefits listed in article 29 of law no. 85-677 of 5 July 1985 aimed at improving the situation of road accident victims and speeding up compensation procedures, and more generally benefits and compensation of any kind received or to be received from other debtors for the same loss.
Acceptance of the Office’s offer by the victim constitutes a settlement within the meaning of article 2044 of the Civil Code.
Up to the amount of the compensation it has paid, the Office is, where applicable, subrogated to the victim’s rights and actions against those responsible for the damage.
A decree in the Conseil d’Etat shall set out the terms and conditions for the application of this article.