Chapter II: Compensation for contaminated victims.

Victims of losses resulting from contamination by the human immunodeficiency virus caused by a transfusion of blood products or an injection of blood-derived products carried out on the territory of the French Republic are compensated under the conditions defined below. The present procedure is not precluded by a clause releasing the claimant from all proceedings and actions against a third party in respect of his or her contamination. Full compensation…

In their claim for compensation, victims or their heirs must provide proof of having been infected by the human immunodeficiency virus and of having received transfusions of blood products or injections of blood-derived products. An acknowledgement of receipt is sent to the claimant. Victims or their heirs shall provide the Office with all the information at their disposal. Within a period of three months from receipt of the claim, which…

The victim informs the Office of any legal proceedings that may be in progress. If legal action is taken, the victim informs the judge that the matter has been referred to the Office. Victims only have the right to take legal action against the Office if their claim for compensation has been rejected, if no offer has been made to them within the period mentioned in article L. 3122-5 or…

The Office is subrogated, up to the amount of the sums paid, to the rights that the victim has against the person responsible for the loss or damage as well as against the persons obliged in any way to ensure total or partial compensation for the loss or damage, up to the amount of the benefits payable by the said persons. However, the Office may only take action under this…

The Office is required to make an offer of compensation to any victim referred to in article L. 3122-1 within a period set by decree, which may not exceed six months from the date on which the Office receives full proof of the injury suffered. This provision also applies in the event of aggravation of a loss already covered under the first paragraph of article L. 3122-1. The offer indicates…

Unless otherwise provided, the terms and conditions for the application of this chapter shall be laid down by decree in the Conseil d’Etat.