French Public Health Code
In forceThe Council proposes to the Board of Directors the guidelines of the Office's policy for the fulfilment of its mission as regards the amicable settlement of disputes relating to damage caused by benfluorex and by sodium valproate or one of its derivatives as defined in the third paragraph of Article L. 1142-22 and the guidelines of its policy relating to compensation for losses resulting from contamination by the hepatitis B or C virus or the human T-lymphotropic virus or by the human immunodeficiency virus caused by a transfusion of blood products or an injection of blood-derived medicinal products, losses directly attributable to a compulsory vaccination carried out in application of article L. 3111-4 and damage attributable to a preventive, diagnostic or care activity carried out in application of measures taken in accordance with articles L. 3131-1 or L. 3134-1.
These guidelines concern :
1° The principles applicable to the investigation of cases and the compensation of damages ;
2° Rules relating to the carrying out of expert appraisals and the choice of experts, to ensure that the principles of independence and adversarial proceedings are respected;
3° Guidelines for assisting victims throughout the procedure governed by Section 4a and Section 4b, in particular by drawing up guides on the legal framework for settlements and on the compensation references relating to settlement offers, making it possible in particular to assess whether the offer is manifestly inadequate.
It may also deal with issues referred to it by the Chairman of the Board of Directors or the Director of the Office.
The guidelines proposed by the Policy Committee and the principles defined by the Board of Directors considering these guidelines are included in the report referred to in Article L. 1142-22-1 , which is published after deliberation by the Board of Directors.
