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, 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 received a decision and how many decisions have been reversed resulting in an award?

10) What is the average time a mandatory reconsideration is taking for an outcome?

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

12) 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?’

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

Response

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

All data as of 25 September 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 12 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.   https://www.legislation.gov.uk/ukpga/2000/36/section/41

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

15,804 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Question 2 – How many claimants have been notified of an outcome?

7,936 claimants have been notified of an outcome.

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

188 claimants have been notified that they are entitled to a Vaccine Damage Payment. Of these, 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 – How many claims have been rejected / unsuccessful?

7,748 claims have been rejected, and a further 716 did not meet the criteria for medical assessment

Question 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%

7,357 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).

391 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.

Of the 391 claims, 253 relate to AstraZeneca and 102 relate to Pfizer. Please be advised since the disclosure of FOI-02032, the figures for claims relating to the Moderna vaccine have increased by fewer than five. The remaining claims relate to more than one COVID-19 vaccine and therefore we are unable to categorise them. For example, where a claim relates to an initial vaccine from one manufacturer and a booster from another.

The requested breakdown by level of disability 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 – Is it possible to give the conditions that have met the criteria e.g VITT, GBS?

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

• Acute allergic reaction • Anaphylaxis • Bacterial pneumonia • Bell's palsy • Bilateral sequential optic neuropathy • Capillary leak syndrome • Guillain-Barre syndrome • Immune thrombocytopenia • Immune response to vaccine • Inflammation of lungs • Myocardial Infarction • Myocarditis/pericarditis • Pulmonary Embolus • Stroke/ CVA • Transverse myelitis • VITT/Cerebral Venous Sinus Thrombosis • Vaccine-induced vasculitis

Question 7 – How many claims have been waiting over 12 months, 18 months, 24 months for a decision?

996 claims were received more than 12 months ago and have not yet reached an outcome. Of these, 283 claims were received more than 18 months ago and have not yet reached an outcome.

Of these, the total number of claims received more than 24 months ago that have not yet reached an outcome has changed by fewer than five since the disclosure of FOI-02148. Therefore, as detailed above in accordance with section 40 (2) and section 41 of FOIA we are unable to provide this figure.

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. There are also occasions where we have requested the appropriate consent and proof of identity to allow us to progress claims.

Question 8 – How many of the successful claims involved a fatality?

Please be advised since the disclosure of FOI-02032, where we disclosed that 65 claims made on behalf of someone who has died were entitled to a Vaccine Damage Payment, this figure has increased by fewer than five. We have therefore decided not to disclose this exact figure under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

Question 9 – How many requests for a mandatory reconsideration have been received, how many have received a decision and how many decisions have been reversed resulting in an award?

1,226 requests for a mandatory reversal have been received. 638 mandatory reversals have been reassessed. Please be advised since the disclosure of FOI-02148, where we disclosed that 16 claimants have been notified that they are entitled to a Vaccine Damage Payment and the remaining have been rejected, this figure has increased by fewer than five. We have therefore decided not to disclose this exact figure under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

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 – What is the average time a mandatory reconsideration is taking for an outcome?

The average number of days it took from receipt of a COVID-19 mandatory reversal from a claimant to communicating an outcome was 238.

Question 11 – How many appeals to the tribunal have been filed? What are the outcomes?

38 appeals have been received and are awaiting to be heard by a tribunal. Fewer than five have reached an outcome. We have therefore decided not to disclose this exact figure under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

Question 12 – 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?’

653 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. We have therefore decided not to disclose these exact figures under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above

Publishing this response

Please note that this information will be published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-02252