French Public Health Code
In forceIf it finds that one or more of the injuries referred to in Article L. 1142-24-10 are attributable to the prescription, before 31 December 2015, of sodium valproate or one of its derivatives during pregnancy, the College of Experts will issue an opinion on the circumstances, causes, nature and extent of these injuries and on the liability of one or more of the persons referred to in the first paragraph of Article L. 1142-5 or of the State, under its health safety powers.
Congenital malformations are presumed to be attributable to a lack of information given to the mother about the adverse effects of sodium valproate or one of its derivatives when it was prescribed after 1st January 1982.
Behavioural and cognitive development disorders are presumed to be attributable to a lack of information on the part of the mother about the adverse effects of sodium valproate or one of its derivatives when it was prescribed on or after 1 January 1984.
The opinion of the College of Experts is issued within six months of the referral to the Office. It is sent to the person who referred the case to the Office and to all persons involved in the dispute, in particular the social security organisations to which the victim is affiliated. It is binding on the Office.
This opinion may only be contested in the context of an action for compensation brought before the competent court by the victim or the subrogation actions provided for in articles L. 1142-14 and L. 1142-24-17.
Provided that the first rejection opinion has not given rise to an irrevocable court decision in the context of the procedure mentioned in the fifth paragraph of this article, a new opinion may be issued by the college of experts in the following cases:
1° If new information justifies a change in the previous opinion ;
2° If the damage observed is likely, in the light of advances in scientific knowledge, to be attributable to sodium valproate or one of its derivatives.
