Mediator: Oniam accuses Servier of no longer compensating victims

“Compensation for victims of the Mediator: Oniam compensates for the first payment defaults of Servier laboratories”, this is the announcement made on Thursday by the National Office for Compensation for Medical Accidents in a Press release.

Oniam explains that it met on June 24 its Orientation Board which endorsed the decision of its director (Erik Rance) “to respond positively to the first requests for substitution to Servier laboratories formulated by victims including the panel of experts, independent of the Office, had recognized the right to compensation. “

A legal obligation

A legal obligation, since in the event of non-payment by the Servier laboratories, the law provides, in fact, that the victims can ask Oniam to replace them, by paying the compensation due to the victims, then by assigning the laboratories in court to recover the sums paid, to which may be added a penalty of 30%.

All patients compensated according to Servier

This positioning of the laboratory may however come as a surprise, since in May 2014, the new Chairman and CEO of Laboratoires Servier indicated: “In the context of Oniam and civil affairs, we have compensated, we compensate and we will compensate all patients. who suffered from the product ”. And in a press release published on 25 June, the laboratory recalls that it compensates all patients who have suffered from the Mediator. He even indicates that he “always respected the deadlines of the procedure”.

The law of health as a defense

In addition, its officials recall that the Health Bill provides for the possibility for the College to re-examine cases. Laboratoires Servier therefore indicate that they are waiting to know the terms of the new law “to formulate an offer of compensation”.
Another defense argument put forward by these manufacturers, the very rare cases where the Oniam Panel of Experts dispensed with an expertise in the presence of the patient to assess the possible need for third-party assistance and determine the number hours of assistance required. For these cases, Servier specifies having formulated “an offer by simply asking for an expertise to evaluate the assistance to third person”.

Offers of 8,309 euros on average

In this war of press releases, Oniam also takes the opportunity to reveal its new figures on the subject of compensation. As of May 31, 8,797 claims have been received. And the panel of experts issued 4,389 notices of compensation, including 1,388 opinions payable by laboratories, and 2,634 rejections for pathologies not attributable to the Mediator.

For its part, Servier announces that as of June 1, 1,012 offers of compensation have been made, and only 18 patients have refused the offer (ie less than 2%). The average of the offers amounts to 8,309 euros, concludes the laboratory.