Victims of drugs & medical devices

Drugs & Medical Devices

Cabinet Jaubert has long-standing experience in litigation involving healthcare products. Drugs withdrawn from the market, implicated medical devices, serious undisclosed adverse effects: these cases require in-depth knowledge of pharmaceutical law, pharmacovigilance and compensation procedures — ONIAM, class action, judicial proceedings. Maître Didier Jaubert supports victims at every step, working alongside patient associations and independent medical experts.

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Maître Didier Jaubert
Member of the Paris Bar

The firm & healthcare products

A long-standing commitment to victims

The firm has long-standing experience in litigation involving healthcare products. It supports victims of defective drugs and medical devices, working alongside victim associations and independent medical experts. These cases combine civil liability law for defective products (Act of 19 May 1998, transposing European Directive 85/374/EEC), pharmaceutical law, and specific amicable or judicial compensation procedures.

Litigation involving drugs and medical devices may engage the liability of the manufacturer, the distributor or, depending on the circumstances, the State or health authorities. Each situation is individually assessed to identify the most appropriate courses of action and to preserve limitation periods.

Matters of public record

Product categories involved

The cases presented below are publicly documented in the press and court decisions. They illustrate the firm's areas of practice. In accordance with professional conduct rules, no client names or individualised results are mentioned. See the firm's press coverage →

Mediator (benfluorex)

Laboratoires Servier. Benfluorex, marketed under the name Mediator as an anti-diabetic and appetite suppressant, was linked to cardiac valvulopathies and pulmonary arterial hypertension (PAH). Withdrawn from the market in 2009, it gave rise to one of the largest mass litigation cases involving healthcare products in France, with several thousand civil parties. Maître Jaubert represents victims of AAAVAM, an association approved by the Ministry of Health, in the ongoing criminal proceedings.

Valvulopathies · PAH · Criminal and civil action

Essure

Permanent contraceptive implant (Bayer). An intra-uterine device consisting of a metallic micro-insert intended for permanent female sterilisation. Thousands of women reported serious adverse effects following its insertion: chronic pain, device migration, auto-immune reactions. The device was withdrawn from the European market in 2017. Legal proceedings have been brought in France and abroad.

Medical device · Sterilisation · Serious adverse effects

Androcur (cyproterone acetate)

Bayer. Cyproterone acetate, used notably in the treatment of hirsutism and in certain hormone therapies, has been linked to an increased risk of intracranial meningiomas. The ANSM (French medicines agency) strengthened warnings from 2018. A class action was brought before the Lille court by the Association d'Aide aux Victimes des Accidents des Médicaments (AAAVAM), one of the few approved associations entitled to bring this type of action in health matters. Maître Jaubert represents AAAVAM in these proceedings.

Meningiomas · Class action · Lille court

Depakine (sodium valproate)

Sanofi. Sodium valproate, an anti-epileptic drug marketed since the 1960s, exposes children born to mothers treated during pregnancy to risks of congenital malformations and neurodevelopmental disorders. The ANSM established a report identifying thousands of cases. A specific compensation fund (FGVD) was established by statute.

Malformations · Neurodevelopmental disorders · FGVD

Levothyrox

Merck. In 2017, the formulation of Levothyrox (levothyroxine sodium), the principal thyroid replacement drug in France, was modified by Merck. Numerous patients reported adverse effects linked to this reformulation. Legal proceedings were brought against the manufacturer, notably by patient associations.

Reformulation · Adverse effects · Legal action

Vioxx (rofecoxib)

Merck Sharp & Dohme. This non-steroidal anti-inflammatory drug (NSAID) from the coxib family was withdrawn from global markets in 2004 due to an increased cardiovascular risk (heart attacks, strokes). Criminal and civil actions were brought in France. Maître Jaubert notably filed a criminal complaint in Paris, cited by AFP in 2016.

Cardiovascular risks · Heart attack · Stroke · Criminal complaint

Distilbene (DES — diethylstilbestrol)

Diethylstilbestrol (DES), prescribed to pregnant women between the 1950s and 1977 to prevent miscarriages, caused serious harm to children exposed in utero (genital malformations, cancers, infertility) and, according to certain studies, to their descendants. These trans-generational cases raise specific questions of causation and limitation.

Trans-generational harm · Causation · Limitation periods

Read the Distilbene page →

CRCI / CCI — Amicable procedure

The Commission de Conciliation et d'Indemnisation (CCI) offers a free and expeditious amicable route for victims of serious medical accidents. It complements or precedes judicial proceedings, and may lead to a compensation offer from ONIAM without going to court.

Free application · ONIAM · Therapeutic hazard · Medical negligence

Read the CRCI page →

The products cited are matters of public record, documented in the national press and court decisions. Their mention here does not constitute a reference to results obtained, in accordance with Article 10 of the National Internal Regulations (RIN) of the National Bar Council.

Procedures & remedies

Available courses of action

Several courses of action may be combined or used successively depending on the circumstances of the case, the product involved and the victim's situation.

Class action

Introduced in health matters by the Health System Modernisation Act of 2016 (Art. L. 1143-1 et seq. of the Public Health Code), the class action allows an approved association to bring proceedings on behalf of a group of victims who have suffered similar harm caused by the same breach by a manufacturer or service provider. It proceeds in two phases: recognition of liability, then individual compensation of participating victims. Learn more about class actions →

Individual action

Each victim may bring civil liability proceedings against the manufacturer, distributor or any other responsible party, on the basis of liability for defective products (Articles 1245 et seq. of the Civil Code), tort or contractual liability. Criminal proceedings (simple complaint or complaint with civil party constitution) may also be considered for the most serious matters.

ONIAM — Amicable route

The Office National d'Indemnisation des Accidents Médicaux (ONIAM) may intervene in certain cases involving healthcare products, particularly where a drug or medical device is implicated in a serious medical accident. The procedure before the Commission de Conciliation et d'Indemnisation (CCI) is free of charge and adversarial. It may result in an amicable compensation offer, without prejudice to judicial remedies. Learn more about ONIAM →

Interim payment order (référé-provision)

Where the defendant's liability does not appear seriously contestable, an interim payment order (référé-provision) allows a victim to obtain quickly, before the presiding judge, an advance on the final compensation. This urgent procedure is particularly useful when the victim faces significant immediate expenses (medical costs, personal assistance, home adaptation) while awaiting the judgment on the merits.

Your support

Why legal representation matters in these cases

Litigation involving drugs and medical devices presents specific features that make legal support particularly important.

The medical dimension of the case

These cases require an understanding and assessment of medical, pharmacological and epidemiological data. The lawyer works alongside independent medical experts to evaluate the causal link between the product in question and the alleged harm, and to challenge if necessary the conclusions of the opposing expert.

Multiple potential defendants

Manufacturer, distributor, importer, prescriber, healthcare institution, health authorities: several parties may be involved. Identifying the correct defendants, allocating liability and choosing the competent court are decisive questions from the outset of proceedings, which determine the outcome of the case.

Limitation periods

Liability for defective products is subject to a three-year limitation period running from the victim's knowledge of the damage, the defect and the identity of the producer (Art. 1245-16 Civil Code), and is barred ten years after the product was put into circulation (subject to case-law exceptions). The limitation period must be interrupted without delay: a prompt analysis of the situation is essential to preserve your rights.

Member of the Paris Bar since

Healthcare products & collective actions

A long-standing commitment alongside victims

The firm has long-standing experience in healthcare product litigation and supports victims, including in the context of collective actions, working alongside victim associations and independent medical experts.

A constant commitment : full and fair compensation for injured persons and their families.

Contact

Discuss your situation

Have you taken a drug or used a medical device and would like to know whether you may be entitled to compensation? An initial confidential and no-obligation consultation allows you to assess your rights and the options available.

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Callback within 48 working hours
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10 avenue de l'Opéra, 75001 Paris · Maître Didier Jaubert, Toque E1558