French Public Health Code
In forceI. -In its opinion provided for in article L. 1142-24-12, the College shall rule on whether the damage is attributable to the prescription of sodium valproate or one of its derivatives during pregnancy and on the liabilities incurred. For each head of loss, it specifies the circumstances, causes, nature and extent of the damage attributable.
The parties involved must inform the Office without delay of the name of the insurer covering their civil liability at the time of the claim for compensation and at the time the damage occurred.
II - The College sends the draft opinion to the claimant and, where applicable, to his counsel and to the persons mentioned in the first paragraph of Article L. 1142-24-12 as well as to their insurers, if any. The addressees of the draft opinion have a period of one month from receipt to consult the application file and send any comments they may have to the College, forwarding them at the same time to the other addressees of the draft opinion. The addressees of these comments have one month from receipt to send the College and the other addressees comments in response. The communications provided for in this paragraph shall be made by any means capable of establishing a date of receipt.
The College shall provide the parties, at their request, with the documents mentioned in the draft opinion.
When it establishes that the damage is attributable to sodium valproate or one of its derivatives, the College of Experts will, if necessary, inform the claimant of the appropriate care and treatment pathway.
III - The college will take into consideration the observations of the parties and will send its opinion by any means that will allow its receipt to be dated with certainty to the claimant and to the persons to whom the procedure has been made enforceable, as well as to their insurers. The opinion of the college shall specify, where applicable, if the person or persons considered to be liable have not communicated the name of their insurer or if they have indicated that they are not insured. It is also sent to the medical services of the social security organisations to which the victim is or was affiliated at the time of the injury suffered, as well as to those of other third-party payers of benefits paid in respect of this injury.
The notice informs the claimant that he may refer the matter to the Office if the insurer or the person liable has not made an offer of compensation within one month of receiving the notice. It is accompanied by the documents drawn up in application of 3° of article R. 1142-51.
