Section 4b: Compensation for victims of sodium valproate or its derivatives

Without prejudice to any actions which may be brought in accordance with ordinary law, full compensation for harm attributable to sodium valproate or any of its derivatives shall be provided under the conditions laid down in this section.

Any person who considers that he or she has suffered harm as a result of one or more malformations or developmental disorders attributable to the prescription, before 31 December 2015, of sodium valproate or one of its derivatives during pregnancy, or where applicable, his or her legal representative in the case of a minor or his or her successors, may refer the matter to the Office national d’indemnisation des accidents…

A panel of experts appointed by the Office will carry out any investigations required to examine the claim, in accordance with the adversarial principle. If necessary, it will commission an expert opinion, but professional or industrial secrecy may not be invoked against it. The college is chaired by a member of the Conseil d’Etat, a magistrate from the administrative order or a magistrate from the judicial order, in office or…

If it finds that one or more of the injuries referred to in Article L. 1142-24-10 are attributable to the prescription, before 31 December 2015, of sodium valproate or one of its derivatives during pregnancy, the College of Experts will issue an opinion on the circumstances, causes, nature and extent of these injuries and on the liability of one or more of the persons referred to in the first paragraph…

Article L. 1142-24-3 shall apply to compensation for the losses governed by this section.

I.-The persons considered to be liable by the College of Experts or the insurers who guarantee the civil or administrative liability of these persons shall make an offer of compensation to the victim or his heirs, within one month of receiving the opinion of the College of Experts, with a view to making full reparation for the harm suffered. The second to eighth paragraphs of article L. 1142-14 apply to…

In the event of silence or explicit refusal on the part of the insurer or responsible persons mentioned in article L. 1142-24-16 to make an offer within the period of one month or in the event of a manifestly inadequate offer, the Office is substituted for the insurer or responsible person. Within one month of the expiry of the time limit referred to in article L. 1142-24-16 or, where applicable,…

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.