The lawyer is bound by a duty of advice and diligence, and his inaction constitutes a fault, for which his client can seek redress. By virtue of this principle, around twenty people who were unable to become civil parties in the Mediator case, due to “The inaction of [leur] lawyer “, Me Alain Fraitag, ask that he and his insurer, MMA, be ordered to compensate them.
“About sixty others will follow”, assures Georges Alexandre Imbert, president of the Association for assistance to victims of drug accidents (Aaavam), who advised them to contact the Alexis & Saint-Adam firm, specializing in the search for the liability of consulting professionals .
The people in question consumed Mediator, this drug marketed by Servier laboratories as an antidiabetic, but prescribed as an appetite suppressant, which causes valve disease and pulmonary arterial hypertension. After having succeeded in putting together a file which proves it, they hoped to be compensated by the Paris Criminal Court, for the damages related to the “Aggravated deception”, of which he found the Servier laboratories guilty on March 29, 2021.
Under the prejudice of anxiety, supposed to compensate for the fear of falling ill or of seeing one’s condition worsen, and the moral prejudice, supposed to compensate for the attainment of consent, these victims were likely to touch several tens of thousands of euros. .
In 2011, they, on the advice of the Aaavam, entrusted the defense of their interests to Mr.e William Wulfman. But this one died in September 2015, and Me Fraitag took over his files. “In some cases, he has not filed written submissions to regularize the constitution of civil party”, accuses Mr. Imbert. “In others, he just didn’t do anything. “ When the Mediator trial opened, ” he has, due to its delay, attributed to Covid-19, dared to demand its dismissal, while 8,000 victims had been waiting for it for ten years “.
The president of the tribunal, Sylvie Daunis, refused him. But she proposed that he give her, before the prosecution’s requisitions, a simple list of names of people wishing to become civil parties, and that he send her his conclusions before October 19, 2021. “Me Fraitag gave him an incomplete list of names ”, assures Mr. Imbert.
Me Fraitag, known for having saved Maurice Hincellin from the guillotine in 1972, then for having defended serial killer Emile Louis, said he was “Victim of a defamatory campaign”. He promises to “Submit to a court” the “Accusations as absurd as they are false” who are targeting him. He has not yet responded to the twenty summons sent to him by the Alexis & Saint-Adam law firm.