Thank you for your request for information about the following:

‘Dear NHS Business Services Authority,

1) How many claims have been made to the VDPS due to an adverse reaction to a covid vaccine to date?

2) How many claimants have been notified of an outcome?

3) How many claims have been successful? Please provide a breakdown of which vaccine were used in the claims awarded.

4) How many claims have been rejected / unsuccessful?

5) What are the reasons for claims being rejected (causation, not meeting 60% threshold, ineligible to claim.) Please provide numbers? Please provide a breakdown of which vaccine was used in the claims when causation was accepted.

Please give a breakdown of levels of disability being rejected where causation has been accepted, in bands of disabilty level 0-19% 20% to 40% 40% to 59%

6) Is it possible to give the conditions that have met the criteria e.g VITT, GBS?.’

7) How many claims have been waiting over 12 months, 18 months for a decision?

8) How many of the successful claims involved a fatality?

9) How many requests for a mandatory reconsideration have been received?

How many have been determined? Of those determined how many have been allowed/ refused?

10) How many appeals to the tribunal have been filed? What are the outcomes?

11) How many claims not involving a Covid vaccine have been received since the NHSBSA took over administering the scheme Nov 21? How many have been awarded, and how many have been rejected on failing the 60% disability criteria?’

[On 1 September 2023 we sent you the following request for clarification]

‘We would like you to clarify your request in relation to question 5. You have requested us to break down COVID-19 related claims to the Vaccine Damage Payment Scheme where causation has been accepted into three disability bands:

0% to 19%

20% to 40%

40% to 59%

The independent medical assessor examines all available evidence, including a claimant's medical records, to make a full clinical assessment on whether, on a balance of probabilities, a vaccine has caused disability, and if so, whether that resulting disability is severe.

Each claimant is provided with a clinical assessment report, explaining how the independent medical assessor reached their decision. In the independent medical assessor's report, the level of disability is reported as a range. For example, the independent medical assessor might report a claimant's disability as 20% to 40%. This range falls into two bands you've provided. We're therefore unable to answer your question unless we use the lower or upper number reported for each disability range. For example, if you ask us to use the upper number, a claim with a disability range reported as 20% to 40% will fall into the 40% to 59% band.

If you would still like us to answer this question, can you confirm if you would like us to use the lower or upper number?

Can you also confirm if you are happy for the data to be provided in the following bands:

0% to 19%

20% to 39%

40% to 59%’

[On 1 September 2023 you clarified your request as follows]

‘I am happy to receive the data as indicated by yourselves above.’

Your request was received on 7 August 2023, with clarification received on 1 September 2023, and I am dealing with it under the terms of the Freedom of Information Act 2000.

Response

All data as of 7 August 2023. All data relates to claims received by the NHS Business Services Authority (NHSBSA) and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021. All figures provided for questions 1 to 10 relate to COVID-19 vaccines.

Fewer than five patients

Please be aware that I have decided not to release the full details where the total number of patients falls below five. This is because the patients could be identified, when combined with other information that may be in the public domain or reasonably available. This information falls under the exemption in section 40 subsections 2 and 3 (a) of the Freedom of Information Act. This is because it would breach the first data protection principle as:

a - it is not fair to disclose claimant personal details to the world and is likely to cause damage or distress. b - these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the claimant.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/40

Breach of Patient confidentiality

Please note that the identification of claimants is also a breach of the common law duty of confidence. A claimant who has been identified could make a claim against the NHSBSA or yourself for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the Freedom of Information Act.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/41

Question 1

6,885 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Question 2

2,713 claimants have been notified of an outcome.

Question 3

137 claimants have been notified they are entitled to a Vaccine Damage Payment. Of the 137 claims, fewer than five were Pfizer and Moderna and the remaining claims were AstraZeneca.

Question 4

2,576 claims have been rejected, and a further 177 did not meet the criteria for medical assessment.

Question 5

2,375 claims were unsuccessful because the independent medical assessor recommended that, on the balance of probabilities, the vaccine did not cause the disability in question (causation).

201 claims were unsuccessful because, although the claims met the criteria for causation, the independent medical assessor recommended that the vaccine has not caused severe disablement. Under the VDPS, severe disablement means at least 60% disabled, based on Schedule 2 of The Social Security (General Benefit) Regulations 1982.

The requested breakdown by vaccine manufacturer has not been provided. This is because the small changes in numbers when compared to figures provided previously, in response to similar Freedom of Information requests, could result in claimants being identified.

Breakdown by disability level of claims where causation has been accepted, but the threshold for severe disablement has not been met:

Disability level 0-19% = 93 claims

Disability level 20% to 39% = 75 claims

Disability level 40% to 59% = 33 claims

Each claimant is provided with a clinical assessment report, explaining how the independent medical assessor reached their decision. In the independent medical assessor's report, the level of disability is sometimes reported as a range. Where the independent medical assessor has reported the vaccinated person’s disability as a range, we've used the upper number reported to categorise the claim, as you requested when we sought clarification from you on 1September 2023. For example, a claim with a disability range reported as 20% to 40% falls into the 40% to 59% category for the purpose of this FOI request. This data must therefore be interpreted as a guide only, because it is not possible to determine the accurate number of claims in each category.

Question 6

At the medical assessment stage, the independent medical assessor provides a description of the assessed conditions they have been able to identify from the claimant's medical records. This can sometimes be a mixture of conditions. Conditions of the 137 claims awarded a Vaccine Damage Payment:

VITT/Cerebral Venous Sinus Thrombosis

Guillain-Barre syndrome

Anaphylaxis

Bell's palsy

Transverse myelitis

Immune thrombocytopenia

Myocarditis

pericarditis

Myocardial Infarction

Stroke/cerebral vascular accident (CVA)

Vaccine-induced vasculitis

Critical lower limb ischaemia with rhabdomylosis

Bilateral sequential optic neuropathy

Acute allergic reaction

Acute sagittal sinus thrombosis

Cortical vein thrombosis

Multiple blood clots throughout the body

Epigastric pain

Back pain

Bacterial pneumonia

Inflammation of lungs

Multiple organ failure

Subarachnoid haemorrhage

Pneumonia

Chronic inflammatory demyelinating polyneuropathy, the chronic form of Guillain-Barre syndrome

Intracerebral haemorrhage (bleed in the brain)

Thrombocytopaenia

Acute hypertension due to non-aneurysmal sub-arachnoid haemorrhage associated vaccine administration

Chronic heart disease

Swelling and rashes in face, chest and fingers

Lost all sensation in upper limbs

Loss of vision

Headaches

Dizziness

Confusion

Seizures

Blood clot in the brain

Brain death

Cardiopulmonary thromboembolism

Neuromyelitis optica

Transverse myelitis

Idiopathic thrombocytopenic purpura (ITP)

Mental health affected

Question 7

427 claims were received more than 12 months ago and have not yet reached an outcome. Of these 427 claims, 131 claims were received more than 18 months ago and have not yet reached an outcome.

As part of the process of the scheme, we need a full set of medical records for each claimant, and it can take time for the claimant’s healthcare providers to gather and securely supply copies of these records.

Once sent for assessment, the time it takes for the independent medical assessor to review a claim can vary from case to case depending on the individual circumstances of each claim.

Question 8

50 of the claims where an award outcome has been communicated were made on behalf of someone who has died.

Question 9

336 requests for a mandatory reversal have been received. 34 mandatory reversals have been reassessed. Of these, fewer than five claimants have been notified they are entitled to a Vaccine Damage Payment and the remaining have been rejected.

Question 10

Fewer than five appeals have been received and are awaiting to be heard by a tribunal.

Question 11

244 claims not involving a COVID-19 vaccine have been received by the VDPS. None of these claims have been awarded. Fewer than five claims were unsuccessful because, although the claim met the criteria for causation, the independent medical assessor recommended that the vaccine has not caused severe disablement. Under the VDPS severe disablement means at least 60% disabled, based on Schedule 2 of The Social Security (General Benefit) Regulations 1982.

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact foirequests@nhsbsa.nhs.ukensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement:

“NHSBSA Copyright 2023” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.