Section 4a: Compensation for victims of benfluorex

Without prejudice to any actions that may be brought in accordance with ordinary law, full compensation for damage attributable to benfluorex shall be provided under the conditions set out in this section.

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…

The Advisory Board referred to in Articles L. 3111-9 and L. 3122-1 shall exercise the same powers in relation to the Board of Directors of the Office, in respect of the damage referred to in the third paragraph of Article L. 1142-22, the same powers as for questions relating to compensation for losses resulting from contamination by the hepatitis B or C virus, the human T-lymphotropic virus or the human…

A panel of experts attached to the Office will carry out any investigations required to examine the claim, in accordance with the adversarial principle, and will, if necessary, arrange for an expert opinion to be drawn up, without being bound by professional or industrial secrecy. The panel is chaired by a magistrate from the administrative court system or a magistrate from the judicial court system, serving or retired, and includes…

If it finds that there is a functional deficit attributable to benfluorex, the College of Experts will issue an opinion on the circumstances, causes, nature and extent of the damage and on the liability of the person(s) marketing the medicinal product and, where applicable, the other persons mentioned in the second paragraph of Article L. 1142-24-2. The opinion of the College of Experts is issued within six months of the…

Within three months of receiving the opinion of the College of Experts, the persons considered to be liable by the College of Experts or the insurers covering the civil or administrative liability of these persons shall make an offer of compensation to the victim or his heirs seeking full reparation for the harm suffered. The second to eighth paragraphs of article L. 1142-14 shall apply to this offer. If the…

In the event of silence or explicit refusal on the part of the insurer or the liable person referred to in Article L. 1142-24-6 to make an offer or in the event of a manifestly inadequate offer, the Office shall be substituted for the insurer or the liable person. Within three months of the expiry of the period referred to in article L. 1142-24-6 or, where applicable, of the explicit…

Compensation awarded under this section may not be combined with that awarded, where applicable, under Articles L. 1142-14, L. 1142-15, L. 1142-17, L. 1142-20 and L. 1142-21, nor with compensation of any kind received or to be received from other debtors for the same losses.