Request
All requests relate to claims made following a Covid 19 vaccine and that have received an outcome from the VDPS to date.
Q1. How many claims made to the VDPS following a Covid 19 vaccine, that have completed assessment and have received an outcome, are for conditions other than vaccine Induced Immune thrombocytopenia and thrombosis (VITT)?
How many of the claims for conditions other than VITT have been awarded the payment?
How many of the claims for conditions other than VITT have been rejected
a) for failing to meet the criteria for causation,
b) have met the criteria for causation but have not satisfied the 60% disability criteria?
Q4. How many claims that have received an outcome are for the condition vasculitis?
How many of these claims have received an award?
Please give a breakdown of how many of these claims have been rejected on the causation criteria and how many have been rejected on failing to satisfy the 60% disability criteria?
Q5. How many of the claims that have received an outcome are for the conditions Guillaine-Barre Syndrome?
How many of these claims have received an award?
Please give a breakdown of how many of these claims have been rejected on the causation criteria and how many claims have been rejected on failing to satisfy the 60% disability criteria?
Response
All data as of 1 February 2024. 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 relate to COVID-19 vaccine claims.
The claimant can tell us what happened after vaccination on the claim form. 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. The condition recorded against each claim may therefore be different to the condition initially stated by the claimant on their original claim form. All data provided relates to the conditions listed by the independent medical assessor in the assessment report.
Question 1
4,447 claimants whose claim does not relate to Vaccine Induced Immune thrombocytopenia and thrombosis (VITT) have been notified of an outcome.
Of the 4,447 claims:
• 94 claimants have been notified that they are entitled to a Vaccine Damage Payment.
• 4,102 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).
• 251 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.
Question 4
41 claimants whose claim relates to vasculitis have been notified of an outcome.
Of the 41:
• fewer than five have been notified that they are entitled to a Vaccine Damage Payment.
• 38 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).
• 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.
Fewer than five
Please be aware that I have decided not to release the full details where the total number of individuals falls below five. This is because the individuals 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 (FOIA). This is because it would breach the first data protection principle as:
a - it is not fair to disclose individual’s 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 individual.
Please click the below web link to see the exemption in full.
www.legislation.gov.uk/ukpga/2000/36/section/40
Breach of confidentiality
Please note that the identification of individuals is also a breach of the common law duty of confidence. An individual who has been identified could make a claim against the NHSBSA 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
Question 5
177 claimants whose claim relates to Guillaine-Barre Syndrome (GBS) have been notified of an outcome.
Of the 177:
• 49 have been notified that they are entitled to a Vaccine Damage Payment.
65 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).
63 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.