Section 6: Compensation for damage caused by compulsory vaccination

A claim for compensation for damage considered to be attributable to a compulsory vaccination must be sent to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections) referred to in article L. 1142-22, by registered letter with acknowledgement of receipt, or lodged with the secretariat of the Office in return for a receipt….

If the Office remains silent for a period of six months from the date of receipt of the complete application, the application will be rejected.

If the vaccination was compulsory at the time it was carried out, the Director of the Office will, if necessary, arrange for an expert opinion to assess the extent of the damage and determine whether it is attributable. 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 mentioned in…

The Office National shall bear the cost of expert assessments, subject to reimbursement due in respect of the subrogation actions referred to in article L. 3111-9.

The Office will issue a reasoned decision: 1° On the compulsory nature of the vaccination ; 2° Where applicable, on the existence of a causal link between the damage suffered by the victim and the vaccination to which it is attributed; Where the Office considers that the damage is compensable under article L. 3111-9, the decision shall list the various heads of damage and determine their extent. The decision also…

The victim or his heirs shall inform the Office, by registered letter with acknowledgement of receipt, whether or not they accept the offer of compensation made to them.

Payment must be made within one month of receipt by the Office of acceptance of its offer by the claimant(s), whether the offer is partial, provisional or final.