MEDIATOR – for a fair judgment – a forum for the lawyers of Les Laboratoires Servier

02/08/2019

Who in France doesn’t have something to say about the Mediator affair? It is a subject which has elicited a very emotional response, and is a very complex and unusual case. But this does not excuse the irrelevancies, the inaccuracies, and even false and libellous statements, which have appeared and have been repeated in the media.

With the upcoming Mediator trial, which should take place in several months, we intend to make sure that the right to a defense is upheld, and we will not allow the recurrent attacks from certain parties to go unanswered.

The recent statements by the Minister for Solidarity and Health, on the LCI TV channel, regarding the so-called lies by Les Laboratoires Servier, are an illustration of this type of attack, manifested by statements which are unacceptable, imprecise, against the principles of judicial impartiality, and are contrary to the presumption of innocence of Les Laboratoires Servier

Regarding the penal part of the case, we ask for justice to be done while respecting all parties. Thus, Les Laboratoires Servier demand a fair trial after a fair hearing.

Les Laboratoires Servier can not be held responsible for the delay in judiciary information, given the facts of the case.

One should recall that it is the examining chamber which decided to reopen the investigation in 2015 because it was incomplete.

Recall also that the planned hearing delays for the examination of the appeal, as for the organization of the trial itself, are the responsibility of the Prosecution. Les Laboratoires Servier have legitimately exercised their basic rights to defense.

Recall that the French Health Products Safety Agence, in 1995, put medicines based on Benfluorex, including Mediator, under surveillance, and did not observe any cause for concern.

Recall that the trial which will commence on September 23 2019, with Les Laboratoires Servier and the National Drug Safety Authority, will be the moment of truth and will shed light on the true responsibility of those concerned.

The civil part of the case has also been the subject of rumours and false information.

Recall that Les Laboratoires Servier have participated actively in the compensatory action for patients, determined by an expert group, within the very tight deadlines applied, and for the vast majority of cases.

Finally, let us recall that the compensation process has now almost been completed and can be consulted by the public. On March 29, 2019, of the 9342 claims registered by the National Agency for Compensation for Medical Accidents, 8954 have been examined by the expert group so far, and 3585 were considered to be attributable to Mediator. Of the 1031 claims by patients registered at the Nanterre High Court, 237 cases named Mediator as being responsible. So far, 3542 patients have received an offer of compensation.

Even though the adverse effects linked to taking Mediator have undeniably had serious consequences for some patients and their loved ones, the law will ensure that the truth emerges, while respecting all parties, at the trial.

Les Laboratoires Servier extend their sincere apologies to the patients and their families. They are now waiting for the opportunity to defend themselves publicly in a fair trial.

Ms Nathalie CARRERE
Attorney at law

Mr François DE CASTRO
Attorney at law

M.r Jacques-Antoine ROBERT
Attorney at law

Mr Hervé TEMIME
Attorney at law

Published April 21, 2019 in Le Parisien-Aujourd’hui en France

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