Section 9: Compensation for victims of injury resulting from contamination by the hepatitis C virus caused by a transfusion of blood products or an injection of blood-derived medicinal products

I. – Claims for compensation under the out-of-court procedure provided for in article L. 1221-14 in respect of the losses defined in the same article are addressed to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales mentioned in article L. 1142-22. These claims for compensation shall include, in addition to the justification of the losses, the supporting documents mentioned in the second paragraph of…

The provisions of this section shall also apply in the event of aggravation of a loss referred to in the first paragraph of Article L. 1221-14.

In order to assess the extent of the damage and determine whether it can be attributed to the accident, the Director of the Office will, if necessary, arrange for an expert opinion. The doctor responsible for carrying out the assessment is chosen, on the basis of his or her competence in the field(s) concerned, from the national list of medical accident experts referred to in article L. 1142-10 or one…

The Office shall bear the cost of expert appraisals, subject to reimbursement due in respect of the subrogation actions provided for in the sixth paragraph of Article L. 1221-14 and in Article L. 3122-4.

The Office will decide on the compensation claim within six months of the date on which it receives a complete file, by registered letter with acknowledgement of receipt. The decisions of the Office rejecting the claim for compensation in whole or in part shall state the reasons on which they are based. Silence on the part of the Office during the period referred to in the first paragraph will result…

In the event of acceptance, the Director of the Office will present the claimant with the offer of compensation determined in accordance with the conditions set out in the third paragraph of Article L. 1221-14. The claimant will inform the Office, by registered letter with acknowledgement of receipt, whether or not he accepts the offer of compensation made to him. If the claimant accepts the offer, the Office has one…

The administrative court with territorial jurisdiction to hear the actions referred to in the fourth paragraph of Article L. 1221-14 is determined in accordance with Article R. 312-14-1 of the Code of Administrative Justice.

The Office may take action, even for the first time, before any administrative or judicial court in order to exercise the right to subrogation provided for in Article L. 1221-14 against persons liable in any way whatsoever to pay compensation in full or in part.

The registries and registry secretariats of the administrative and judicial courts shall send the Office, by any means capable of establishing the date of receipt, a copy of the procedural documents referring to the courts, initially or additionally, any legal claim relating to compensation for the losses defined in the first paragraph of article L. 1221-14.

Compensation for the types of loss and injury selected in application of this chapter shall take into account, where applicable, any compensation for loss and injury previously awarded in application of Articles L. 1142-15 to L. 1142-21 and L. 3122-1 to L. 3122-6.