Sanofi’s Dépakine Case: Legal Actions, Victims, and Ongoing Procedures
In a judgment rendered on September 9, the Paris judicial court ordered the Sanofi laboratory to pay Marine Martin, president of the Apesac association (Association to Help Parents of Children Suffering from Anti-Convulsant Syndrome) and her two children, €284,867.24 in compensation. Marine Martin’s case stems from the exposure of her children in utero to Dépakine, an anticonvulsant that led to numerous neurodevelopmental delays and physical after-effects in her children.
Main Damages Caused by Dépakine
Master Charles Joseph-Oudin: “Overall, we know today that 10% of children exposed in utero to Dépakine will suffer from physical malformations, and 30 to 40% will experience neurodevelopmental disorders, which include autism, learning disorders, and challenges in social interactions.”
Estimated Number of Dépakine Victims
Master Charles Joseph-Oudin: “Broad estimates indicate that approximately 30,000 children have been affected by Dépakine exposure.”
Compensation Details for Marine Martin
Master Charles Joseph-Oudin: “Concerning Marine Martin, her children were mostly compensated through the Oniam procedure. However, Marine Martin declined this for herself. She has received compensation for professional damage amounting to €80,750, while her children received anxiety damage of around €50,000, having been compensated for other damages as part of the Oniam procedure.”
Potential for Other Victims to Seek Legal Recognition
Master Charles Joseph-Oudin: “Given that the limitation period was not retained for Marine Martin, this sets a precedent and should enable other civil parties, potentially all of the 2000 cases in my office, to initiate legal action. Many families have opted for the Oniam route, but due to its imperfections, further legal actions may be considered.”
Ongoing Legal Procedures Regarding Dépakine
Master Charles Joseph-Oudin: “We are engaged in various legal actions including individual procedures, some opened at the Nanterre judicial court which led to favorable judgments in 2020, and ongoing appeals. The State’s responsibility via the National Medicines Safety Agency (ANSM) has been recognized in previous judgments. Additionally, collective procedures for anxiety claims are being addressed, and criminal proceedings are underway against the laboratory and the ANSM.”
Criminal Proceedings Initiation
Master Charles Joseph-Oudin: “The criminal procedures were initiated by a group of approximately 70 civil parties, including Marine Martin. There are nearly 1,000 families seeking compensation through Oniam, where the laboratory has refused to compensate directly, thus public funds are being utilized for victim payouts, amounting to approximately €80 million thus far.”
Process for Oniam Reimbursement by the Laboratory
Master Charles Joseph-Oudin: “Procedures are ongoing. The established liabilities of the laboratory will help Oniam recover funds for compensation already disbursed to victims.”
Understanding the Limitation Period for Sanofi
Master Charles Joseph-Oudin: “The court did not uphold the ten-year limitation period invoked by Sanofi. Jurisprudence indicates that a fault, such as a lack of vigilance, invalidates the limitation period associated with defective products. Sanofi’s inattention to the risks associated with Dépakine in the 1980s creates grounds for seeking damages beyond standard timelines.”
Defining Damage Consolidation
Master Charles Joseph-Oudin: “Consolidation of damage occurs when the extent of harm stabilizes. For example, a person injured in a car accident may be considered ‘consolidated’ after surgical recovery.”
Consolidation Timeline for Marine Martin’s Children
Master Charles Joseph-Oudin: “For one of her children, consolidation is ongoing as he continues to struggle with health issues and is still in school. The other child’s consolidation occurred at the end of her studies.”
Impact of Oniam Files on Legal Actions
Master Charles Joseph-Oudin: “Filing a case with Oniam does not extinguish the right to pursue additional civil or criminal actions. If damages such as anxiety are not covered by Oniam, they can still be brought before the court.”
Upcoming Legal Meetings for Dépakine Cases
Master Charles Joseph-Oudin: “We have procedural hearings scheduled regarding ongoing group actions as well as potential conclusions to the criminal proceedings, with further progress expected by mid-2025.”
Comparative Analysis: Dépakine vs. Mediator Cases
Master Charles Joseph-Oudin: “Similarities include issues of laboratory negligence and lack of vigilance; however, the key difference lies in the ethical implications in the Mediator case, which included serious governance breaches. The Dépakine affair relates more to inadequate monitoring following emerging risks.”
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