Group action: harm related to a health product

Group action allows you to be compensated, if you are concerned by damage caused by a fault related to the production, supply, or delivery of a health product.

We are also talking about class action.

As regards the health product, these may be, for example, medicinal products, contraceptions, product derived from a blood donation and intended to be transfused to a patient, organs, cells, tissues, medical devices.

You can be compensated even if you:

• Didn't file a complaint
• Didn't attend the trial
• Don't come forward pre-trial to the authorities or to an association of health users.

Indeed, at the time of his decision, the judge decides the length of time you can join the group to be compensated.

This period, between 6 months and 5 yearsshall begin to run from the end of the publicity measures ordered by that court.

Only damage resulting from personal injury (examples: injury, illness) are compensated as part of this class action.

The group action procedure in the field of health does not provide for compensation for non-material or financial damage.

Proceedings may be brought against the following persons/businesses:

• Health Product Producer (Pharmaceutical Company)
• Supplier of a health product (pharmacy, wholesaler...)
• Provider (hospital, doctor...) using a health product (examples: technical error, misuse of the product).

Proceedings may be brought directly against those responsible persons or against their insurer.

Group action can be initiated only by associations.

If you have experienced harm related to a health product and that harm may affect others, you can report your case to an association of health system users. That association may sue the trader in question.

2 types of health system user associations are competent to initiate the procedure:

• Associations of health system users approved at regional
• Associations of health system users approved at national.

The judge verifies that the association has the right to initiate this procedure.

These associations may seek the assistance of a lawyer and a Commissioner of Justice.

They must enter either:

• The administrative tribunal if the respondent is a legal person governed by public law (examples: public establishments) or a body governed by private law responsible for the management of a public service
• The court of law whether the respondent is a private person, whether natural or legal.

The association shall initiate the procedure for all persons concerned. Membership in the association is not necessary.

The group action is free.

It is essential to collect and preserve all evidence justifying the link between the harm suffered and the use of the medicinal product, for example.

This action has two phases:

• Rendering a judgment who decides on the responsibility of the accused person. In that decision, the judge defines the group of users of the health system to whom the compensation relates. It sets out the criteria for joining the group. It determines what personal injury can be repaired.
• The implementation judgment and individual compensation for damage.

The use of mediation is also foreseen.

The judge may, with the agreement of the parties, propose to introduce a mediation.

The mediator chosen by the judge shall propose to the parties an agreement co-constructed with them laying down the conditions for amicable compensation for damages.

The agreement shall be:

• Accepted by the complainant association and at least one of the respondents
• Certified by the judge.

Advertising measures must make it possible to inform victims.

As soon as the decision is made public, make sure that you are part of the group of victims concerned.

If this is the case, you must contact the association that initiated the procedure:

• To join the group
• And receive compensation.

The association will collect your compensation from the professional and pay it to you.

The judge shall fix the deadline to register with the association.

The amount of compensation shall be determined by the court individually on the basis of the actual damage suffered by each person.