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Article L1142-22 of the French Public Health Code

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) is a public administrative body under the supervision of the Minister for Health. It is responsible for providing compensation on the basis of national solidarity, under the conditions defined in II of article L. 1142-1, in article L. 1142-1-1 and in article L. 1142-17,…

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Article L1142-22-1 of the French Public Health Code

The Office sends a six-monthly report on its activities to the Government, Parliament and the National Medical Accidents Commission. This report includes a specific section on nosocomial infections of which the Office has become aware in application of articles L. 1142-8 and L. 1142-21. It is made public.

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Article L1142-23 of the French Public Health Code

The Office is subject to an administrative, budgetary, financial and accounting system defined by decree. The Office’s expenses consist of : 1° The payment of compensation to victims of medical accidents, iatrogenic diseases and nosocomial infections in application of the provisions of this chapter; 2° The payment of compensation for damage directly attributable to compulsory vaccination in application of article L. 3111-9 ; 3° The payment of compensation to victims…

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Article L1142-24-2 of the French Public Health Code

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…

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Article L1142-24-3 of the French Public Health Code

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…

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Article L1142-24-4 of the French Public Health Code

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…

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Article L1142-24-5 of the French Public Health Code

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…

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Article L1142-24-6 of the French Public Health Code

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…

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