Thank you for your request for information about the following:

Request

You asked us:

‘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, 24 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?’

The NHS Business Services Authority (NHSBSA) received your request on 11 May 2024.

We have handled your request under the Freedom of Information Act (FOIA) 2000.

Our response

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

All data as of 15 May 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 for questions 1 to 10 relate to COVID-19 vaccines.

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

Please note, due to low numbers and low increases of numbers following disclosure of FOI-01745 (opendata.nhsbsa.net/dataset/foi-01745) we are unable to provide several of the figures requested. These have been detailed below. This is likely to happen because of the frequency of requests for the same information – once a month or more. We would advise that we would be less likely to need to apply exemptions if requests were submitted every three or six months.

Question 1

12,052 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Question 2

5,624 claimants have been notified of an outcome.

Question 3

175 claimants have been notified that they are entitled to a Vaccine Damage Payment. Of the 175 claims, fewer than five were Pfizer and Moderna and the remaining claims were AstraZeneca. Therefore, as detailed above in accordance with section 40 (2) and section 41 of FOIA we are unable to provide an updated breakdown by manufacturer.

Question 4

5,449 claims have been rejected, and a further 519 did not meet the criteria for medical assessment.

Question 5

5,106 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).

343 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.

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% = 179 claims

Disability level 20% to 39% = 116 claims

Disability level 40% to 59% = Please be advised following disclosure of FOI-01745 where the figure supplied was 45 claims. This figure has increased by fewer than five new conditions within the requested period. We have therefore decided not to disclose these conditions under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

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.

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.

Question 6

We have refined how we record conditions in relation to awarded claims. The list of conditions now covers the main condition the independent medical assessor has identified. The main conditions of the claims awarded a Vaccine Damage Payment:

Anaphylaxis

Bell's palsy

Capillary leak syndrome

Guillain-Barre syndrome

Immune thrombocytopenia

Myocardial Infarction

Myocarditis/pericarditis

Pulmonary Embolus

Stroke/CVA

Transverse myelitis

VITT/Cerebral Venous Sinus Thrombosis

Other (including

Cause of death - acute allergic reaction

Bacterial pneumonia, immune response to vaccine, inflammation of lungs

Vaccine-induced vasculitis

Bilateral sequential optic neuropathy)

Question 7

734 claims were received more than 12 months ago and have not yet reached an outcome. Of these 734 claims, 187 claims were received more than 18 months ago and have not yet reached an outcome. Of these 187 claims, 96 claims were received more than 24 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

Please be advised following the disclosure of FOI 01745, whereby the figure was 60. This figure has increased by fewer than five new conditions within the requested period. We have therefore decided not to disclose these conditions under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

Question 9

899 requests for a mandatory reversal have been received. 310 mandatory reversals have been reassessed. Of these, 12 claimants have been notified they are entitled to a Vaccine Damage Payment and the remaining have been rejected.

At the mandatory reversal stage, a claimant is advised that they can add further evidence to support their claim. For example, a claimant can ask the NHSBSA to contact healthcare providers to obtain evidence of further treatment received since their original claim.

Question 10

Please be advised following the disclosure of FOI 01745, whereby the figure disclosed was that 15 appeals have been received and are yet to be concluded. This figure has increased by fewer than five new conditions within the requested period. We have therefore decided not to disclose these conditions under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

Question 11

513 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.

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:

“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.