The College meets when convened by its Chairman, who sets the agenda. It may only deliberate if at least half of the members in office are present, excluding the Chairman. If this is not the case, a new meeting will be held, with no quorum required, after a period of fifteen days. The opinions of the Board are adopted by a majority of the members in office present. In the…
The application referred to in Article L. 1142-24-2 shall be sent to the Office by registered letter with acknowledgement of receipt or lodged with the Office in return for a receipt. It is accompanied by a file containing all the information mentioned in the second and third paragraphs of article L. 1142-7 and article L. 1142-24-2. It also includes one or more medical certificates specifying the extent of the damage…
The Office registers the application and, if necessary, requests any missing documents. On receipt of the initial application, the Office informs the manufacturer or manufacturers of the medicinal product concerned and the other persons referred to in Article L. 1142-2 to whom the applicant wishes to enforce the procedure, as well as the social security organisation to which the victim is or was affiliated at the time of the damage…
On receipt of the complete file, the Office forwards it to the President of the College. The College will ensure that the claimant can prove the existence of a functional impairment attributable to benfluorex. To this end, it may commission an expert opinion. The Office is informed immediately. Any natural or legal person in possession of information likely to enlighten the College on the compensation claims submitted to the Office…
When an expert opinion is requested by the president of the college of experts, the expert or experts responsible for carrying it out are chosen, on the basis of their competence in the field or fields concerned, from the national list of medical accident experts mentioned in article L. 1142-10 or one of the lists instituted by article 2 of law no. 71-498 of 29 June 1971 relating to legal…
I.-When the college of experts carries out the assessment itself on the basis of the claim file, the Office will send its report to the parties and, where applicable, to their counsel, to the persons mentioned in the second paragraph of Article L. 1142-24-2 and to their insurers, if any, who will then have a period of fifteen days in which to send it any comments they may have. II…
The Office shall bear the cost of expert assessments, subject to reimbursement by the person(s) liable or their insurers, pursuant to Articles L. 1142-24-6 or L. 1142-24-7.
The opinion of the College provided for in article L. 1142-24-5 specifies, for each head of loss, the circumstances, causes, nature and extent of the damage suffered and its assessment of the liabilities incurred. It also states whether or not the victim’s condition has been consolidated by the date it is issued. The Office will send the opinion by registered letter with acknowledgement of receipt to the claimant, the persons…
In addition to its opinion and the expert report, the college will forward to the insurers and the persons it considers to be liable all the documents provided by the claimant to enable them to make an offer. Medical information is transmitted in compliance with medical confidentiality. The offer referred to in the previous paragraph indicates the amount of compensation proposed for each of the heads of loss specified in…
If the college does not find that there is a functional impairment attributable to benfluorex, the Office will inform the claimant and the persons against whom the proceedings have been brought, as well as their insurers, by registered letter with acknowledgement of receipt.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
