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French surgeon tried to sell Bataclan victim’s X-ray

A senior French surgeon faces legal action and a possible disciplinary charge after attempting to sell an X-ray of a concert-goer who was shot during the 2015 attack on the Bataclan music hall in Paris.

French surgeon tried to sell Bataclan victim's X-ray
The 2015 terror attack on the Bataclan nightclub saw 137 people killed and 416 injured. Photo: Thomas Coex/AFP

Orthopedic surgeon Emmanuel Masmejean, who practices at the Georges Pompidou public hospital in southwest Paris, was first reported by the Mediapart website on Saturday to be selling an image of the X-Ray as a digital artwork, without the patient’s consent.

The picture shows a forearm containing a Kalashnikov bullet and was on sale for 2,776 dollars (2,446 euros) on the OpenSea website, which specialises in so-called NFT digital images.

The head of Paris’s public hospitals, Martin Hirsch, wrote on Twitter on Saturday confirming that a criminal and professional complaint would be lodged against the surgeon for his “disgraceful” and “scandalous” decision.

“This act is contrary to sound professional practice, puts medical secrecy in danger, and goes against the values of AP-HP (Paris hospitals) and public service,” Hirsch wrote in a message sent to staff, which he shared on Twitter.

Asked for comment by Mediapart, Masmejean acknowledged that the sale was “an error” and said he regretted not having sought permission from the patient. She is not identified, but is described as a young woman whose boyfriend was killed in the Bataclan attack, which was part of a wave of shootings and bomb attacks in the French capital by Islamic State gunmen who claimed 130 lives. 

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According to Masmejean’s description on OpenSea, the patient “had an open fracture of the left forearm with a remaining bullet of Kalachnikov in soft tissues.”

The experienced surgeon, who is a professor of surgery and a specialist in treating arm injuries, wrote that he had personally operated on five female victims at the Bataclan. He told Mediapart that he had withdrawn the sale, but the image was still visible on Sunday.

OpenSea is specialised in selling NFTs, which stands for non-fungible tokens.

Using the blockchain technology behind cryptocurrencies, NFTs are digital artworks that cannot be duplicated. They burst into the mainstream last year and are now traded at major auction houses, generating several hundred million dollars in transactions every month.

Some have sold for millions, including an NFT by digital artist Beeple which went under the hammer at Christie’s in March last year for an eye-watering $69.3 million.

The first SMS ever sent over a mobile phone in 1992 was sold in December as an NFT at a Paris auction for 107,000 euros ($120,600).

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CRIME

French parliament to investigate sexual abuse in cinema

The French parliament on Thursday agreed to create a commission of inquiry to investigate sexual and gender-based violence in cinema and other cultural sectors after several recent allegations.

French parliament to investigate sexual abuse in cinema

The Assemblée nationale unanimously agreed to set up the commission demanded by actor Judith Godreche in a speech to the upper house, the Senate, in February.

The 52-year-old actor and director has become a key figure in France’s MeToo movement since accusing directors Benoit Jacquot and Jacques Doillon of sexually assaulting her when she was a teenager. Both have denied the allegations.

All 52 lawmakers present for the vote on Thursday approved the creation of the commission, watched by Godreche, who was present in the public gallery in the chamber.

“It’s time to stop laying out the red carpet for abusers,” said Greens lawmaker Francesca Pasquini.

The new commission is to look into “the condition of minors in the various sectors of cinema, television, theatre, fashion and advertising”, as well as that of adults working in them, it said.

On the basis of Godreche’s proposal, a parliamentary commission on culture decided to extend the scope of the inquiry to also include other cultural sectors.

It is to “identify the mechanisms and failings that allow these potential abuses and violences”, “establish responsibilities” and make recommendations.

The parliament vote comes a day after actor Isild Le Besco, 41, said in an autobiography she was also raped by Jacquot during a relationship that started when she was 16, but was not ready to press charges.

Godreche, by contrast, has filed a legal complaint against the prominent arthouse director, over alleged abuse that occurred during a relationship that began when she was 14 and he was 25 years her senior.

She has also formally accused Doillon of abusing her as a 15-year-old actress in a film he directed.

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