French Public Health Code
In forceI.-The persons considered to be liable by the College of Experts or the insurers who guarantee the civil or administrative liability of these persons shall make an offer of compensation to the victim or his heirs, within one month of receiving the opinion of the College of Experts, with a view to making full reparation for the harm suffered. The second to eighth paragraphs of article L. 1142-14 apply to this offer.
If the State is designated as liable, the offer is made by the Office.
If the victim refuses the offer made by the person liable or the insurer and the competent court considers that the offer is manifestly inadequate, it will order the person liable or the insurer to pay the Office a sum not exceeding 50% of the compensation it awards, without prejudice to any damages owed to the victim as a result.
II - Where the panel of experts has decided that the damage is attributable to a failure by the mother to provide information about the adverse effects of the medicinal product prescribed, without having been able to identify a person liable to pay compensation, the Office will make an offer of compensation to the victim or to those entitled on his behalf, within one month of receiving the opinion of the panel of experts, with a view to making full reparation for the damage suffered. The third, fourth and last paragraphs of article L. 1142-15, the second to fourth and penultimate paragraphs of article L. 1142-17, article L. 1142-19 and article L. 1142-20 apply to this offer.
Where the victim has not informed the Office of benefits received or to be received from third party payers other than social security funds, article L. 1142-16 applies.
