Notwithstanding the provisions of article L. 1142-1, healthcare professionals may not be held liable for damage resulting from the prescription or administration of a medicinal product or the use of a medical device or its accessory or an in vitro diagnostic medical device or its accessory under the conditions set out in article L. 3135-1.
The manufacturer of a medicinal product, a medical device or its accessory or an in vitro diagnostic medical device or its accessory and the medical supply establishments of the armed forces health service may not be held liable for any damage resulting from the use of a medicinal product, a medical device or its accessory or an in vitro diagnostic medical device or its accessory under the conditions set out in article L. 3135-1. The same applies to the holder of the marketing authorisation for the medicinal product in question in another Member State of the European Union or a State party to the Agreement on the European Economic Area. The provisions of this paragraph do not exempt them from liability under the conditions of ordinary law for the manufacture or placing on the market of the medicinal product, the medical device or its accessory or the in vitro diagnostic medical device or its accessory.