Mediator: Servier’s civil liability recognized by the courts

A big step has just been taken in the case of the Pick. The Nanterre tribunal de grande instance (TGI) ruled for the first time, recognizing the civil liability of Servier laboratories for the defect of the infamous anti-diabetic drug. Withdrawn from the market in 2009, the drug was prescribed for thirty years as an appetite suppressant. It would have caused significant lesions of the heart valves in patients.

The second chamber of the TGI de Nanterre had been examining since September the compensation claims of two victims with valve disease. “The decision to pronounce the laboratory liable in these two cases is a major decision. This means that Servier will no longer be able to shirk, and will have to compensate the victims who will seize the court ”, explains to Why actor Martine Verdier, lawyer for many victims of the Mediator.

A decision which should therefore set a precedent during the various legal proceedings launched in France to obtain reparations. However, this is only a first victory for the victims of the Mediator. Servier laboratories have already announced their intention to appeal against the decision of the TGI.

Awaiting criminal proceedings

Servier announced in September that it had already paid nearly 12 million euros, as part of out-of-court proceedings between the” National Office for Compensation for Medical Accidents (ONIAM).

More than 8,000 victims have chosen this option, which has the advantage of offering patients a faster procedure to obtain compensation, while civil proceedings have stagnated until now. Faced with ONIAM, 1,282 offers of compensation were reportedly made by Servier. Of these, 748 have already been paid, 485 are awaiting a response, and only 3% have been refused.

Moreover on the penal level things are progressing slowly, according to Martine Verdier. The victims will still have to wait for the two criminal proceedings initiated in this case to finally be brought to justice.