The Paris judicial court is due to rule on Wednesday January 5 on the admissibility of the group action of the association of victims of Dépakine against Sanofi, as well as on the laboratory's responsibility for the malformations or developmental delays that have occurred in children. whose mothers had received this treatment.
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This group action, the first in the health sector, was launched in May 2017 at the initiative of the Association for the Assistance of Parents of Children Suffering from Anticonvulsant Syndrome (Apesac), founded by Marine Martin, who believes that Sanofi took too long to educate patients about the risks of taking the drug during pregnancy. The procedure, conducted in parallel with a criminal investigation, is illustrated by fourteen cases of mothers who received sodium valproate (the active ingredient in Depakine) during their pregnancy between 1977 and 2015.
During the hearing on September 22, Sanofi notably pleaded the inadmissibility of the class action, considering that the applicants' situations were too different.
The court may uphold them or consider that the class action is admissible, in whole or in part (over a limited period, for example).
In this second scenario, it will also decide on the merits, on the responsibility of Sanofi.
If this responsibility were recognized, the judge would then define the group of victims who can claim compensation.
Read also Compensation for victims of Depakine: MPs vote to increase penalties targeting Sanofi
"
Sanofi has fulfilled its role (...) concerning the updating of information documents of sodium valproate for health professionals and patients
", estimated the laboratory in a written statement sent to AFP before the decision . "
The laboratory did not seek to know, while signals were accumulating
", had on the contrary criticized the lawyer of Apesac, Charles Joseph-Oudin, during the hearing, believing that Sanofi had failed in his “
Obligation of vigilance
”.
Sodium valproate has been marketed since 1967 under the brands Dépakine (for patients with epilepsy), Dépakote and Dépamide (for bipolar patients), as well as under generic brands.
This molecule is responsible for malformations in 2,150 to 4,100 children and neurodevelopmental disorders in 16,600 to 30,400 children, according to estimates from the Health Insurance and the Medicines Agency (ANSM).
Sanofi was also indicted in 2020 for “
involuntary homicides
” in the criminal investigation into this case.
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