Request

You asked us:

Since Jan 2021 to December 2023

1. How many non-covid vaccine damage payment claims have been made?
2. How many non-covid vaccine damage payment claims have been successful?
3. How long on average has non-covid vaccine damage payment claims taken to provide an outcome?

The NHS Business Services Authority (NHSBSA) received your request on 15 April 2024.

We have handled your request under the Freedom of Information Act (FOIA).

Our response

I can confirm that the NHSBSA holds the information you have requested.

All data as of 16 April 2024. All data relates to Vaccine Damage Payment Scheme (VDPS) 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 3 relate to non-COVID-19 vaccine claims.

Fewer than five VDPS awards

Please be aware that I have decided not to release the exact number of awards, as the number is fewer than 5. This is because the claimants could be identified when combined with other information that may be in the public domain or reasonably available. Online communities exist for those adversely affected by vaccines they have received. This further increases the likelihood that those may be identified by disclosure of this information.

This information falls under the exemption in section 40 subsections 2 and 3A (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 web link below 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 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

401 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Question 2

Fewer than five claimants have been notified that they are entitled to a Vaccine Damage Payment. Therefore, as detailed above in accordance with section 40 (2) and section 41 of FOIA, we are unable to provide a figure.

Question 3

The average number of days it took from receiving a claim to communicating an outcome was 397.

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.

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.

Reusing the data and copyright

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: “VDPS, NHSBSA Copyright 2024” 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.