Request

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 39% 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?

Response

All data as of 3 October 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.

Question 1

7,544 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Question 2

3,519 claimants have been notified of an outcome.

Question 3

148 claimants have been notified they are entitled to a Vaccine Damage Payment. Of the 148 claims, fewer than five were Pfizer and Moderna and the remaining claims were AstraZeneca.

Question 4

3,371 claims have been rejected, and a further 213 did not meet the criteria for medical assessment.

Question 5

3,128 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).

243 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% = 119 claims Disability level 20% to 39% = 88 claims Disability level 40% to 59% = Please be advised following the disclosure of FOI 01359, whereby the figure was 33, this figure has increased by less than 5 at the time your request was received.

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 1 September 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 148 claims awarded a Vaccine Damage Payment:

Acute Hypertension

Acute sagittal sinus thrombosis

Anaphylaxis

Back pain

Bacterial Pneumonia

Bell's palsy

Bilateral Sequential Optic Neuropathy

Bleed on the brain

Blood clot in the brain

Blood clots

Brain death

Cardiopulmonary Thromboembolism

Cerebral Venous Sinus Thrombosi

Chronic heart disease

Chronic Inflammatory Demyelinating Polyneuropathy

Confusion

Cortical vein thrombosis

Critical lower limb ischaemia

Death

Dizziness

Epigastric pain

Facial swelling
Guillain-Barre syndrome

Headaches

Idiopathic thrombocytopenic purpura

Immune thrombocytopenia

Inflammation of lungs

Intracerebral Haemorrhage

Intracranial Haemorrhage

Loss of sensation in upper limbs

Loss of vision

Mental health affected

Multiple organ failure

Myocardial Infarction

Myocarditis

Neuromyelitis optica
Non-Aneurysmal Sub-Arachnoid Haemorrhage

Pericarditis

Pneumonia
Rash

Rhabdomylosis

Seizures

Stroke

Subarachnoid Haemorrhage

Thrombocytopaenia

Transverse myelitis

Vasculitis
VITT

Question 7

361 claims were received more than 12 months ago and have not yet reached an outcome. Of these 361 claims, 150 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

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

Question 9

431 requests for a mandatory reversal have been received. 113 mandatory reversals have been reassessed. Of these, 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

257 claims not involving a COVID-19 vaccine have been received by the VDPS. Fewer than five 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.

For responses which involve fewer than five patients:

Personal information.

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.

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.

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

Please note that this request and our response is published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-01448

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact foirequests@nhsbsa.nhs.uk ensuring 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.