French Public Health Code
In forceIf 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 referral to the Office. It is sent to the person who referred the matter to the Office and to all persons involved in the dispute, in particular the social security organisations to which the victim is affiliated.
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. 1142-24-7.
Provided that the first rejection opinion has not given rise to an irrevocable court decision in the context of the procedures mentioned in the third paragraph, a new opinion may be issued by the college 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 benfluorex.
