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) Please provide a breakdown of the vaccines involved in the claims that have received an outcome?

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

5) How many claims have been rejected / unsuccessful?

6a) 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 the disability in claims rejected where causation has been accepted, in bands of disability level 0-19%, 20% to 39%, 40% to 59%

6b) 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) How many appeals to the tribunal have been filed? How many have received an outcome? 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?’

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

The NHS Business Services Authority (NHSBSA) received your request on 9 December

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 30 November 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) a - it is not fair to disclose individual’s personal details to the world and is likely to cause damage or distress.

b) 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.

Question 1 –

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

17,519 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Question 2 –

How many claimants have been notified of an outcome?

9,545 claimants have been notified of an outcome following medical assessment.

Question 3 –

Please provide a breakdown of the vaccines involved in the claims that have received an outcome?

Of the 9,545 claims that have received an outcome following medical assessment:

• 4,415 relate to AstraZeneca
• 3,225 relate to Pfizer
• 455 relate to Moderna.

The remaining 1,450 claims relate to Novavax or 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.

Question 4 –

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

194 claimants have been notified that they are entitled to a Vaccine Damage Payment.

Of these, fewer than five were Pfizer and fewer than five were 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 5 –

How many claims have been rejected / unsuccessful?

9,351 claims have been rejected following a medical assessment, and a further 843 did not meet the criteria for medical assessment.

Question 6a–

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 the disability in claims rejected where causation has been accepted, in bands of disability level 0-19%, 20% to 39%, 40% to 59%

8,935 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).

416 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: https://www.legislation.gov.uk/uksi/1982/1408/schedule/2

Since the release of FOI-02351, where we said that of the 406 claims that 258 relate to AstraZeneca, 109 relate to Pfizer, 32 relate to Moderna and the remaining claims relate to more than one COVID-19 vaccine,there has been an increase of fewer than five unsuccessful claims relating to more than one COVID-19 vaccine. We have therefore decided not to disclose a breakdown of these exact figures per vaccine under section 40 (2) and section 41 of the FOIA. Details of these exemptions are outlined above.

You can view this FOI 02351 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02351

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 6b -

Is it possible to give the conditions that have met the criteria e.g VITT, GBS?

The list shows specific conditions that have been identified in medical records for those awarded a payment. Claims could be in relation to a mixture of the listed conditions and other conditions. Having one of the conditions listed does not mean a claim meets the criteria for payment. This is because other criteria applies.

VDPS assessments are complex. Each claim is assessed on a case-by-case basis, based upon on the individual's medical records, scientific evidence, clinical research and epidemiological evidence.

Last year we refined how we record conditions in relation to awarded claims. We categorised claims based on the main condition identified. CIDP was not recorded as a main condition and therefore was not included in previous lists. We apologise for this error. We have now updated the list.

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
• Chronic Inflammatory Demyelinating Polyradiculoneuropathy (CIDP)*
• Guillain-Barre syndrome
• Immune thrombocytopenia
• Myocardial Infarction
• Myocarditis/pericarditis
• Pulmonary Embolus
• Stroke/ CVA
• Transverse myelitis
• Vaccine-induced vasculitis
• VITT/Cerebral Venous Sinus Thrombosis

*Based on current scientific evidence, claims in relation to CIDP are no longer likely to meet the criteria for a Vaccine Damage Payment. The NHSBSA has withheld any conditions where the number of awarded claims is fewer than five under s40(2) and s41 of the FOIA as explained above.

Under the Vaccine Damage Payments Act 1979 to qualify for a Vaccine Damage Payment, it must be proved that an eligible vaccine was received and:

• on the balance of probabilities, the vaccine caused the disability
• the resulting disablement is severe

Severely disabled means at least 60% as defined by the principles for assessing the extent of disablement. These are set out in section 103 of the Social Security Contributions and Benefits Act 1992 and the Social Security (General Benefit) Regulations 1982: https://www.legislation.gov.uk/ukpga/1992/4/contents

Question 7 –

How many claims have been waiting over 12 months, 18 months, 24 months for a decision

1,027 claims were received more than 12 months ago and have not yet reached an outcome.

Of these, 438 claims were received more than 18 months ago and have not yet reached an outcome.

Of these, 126 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 –

How many of the successful claims involved a fatality?

Please be advised since the disclosure of FOI-02351, where we disclosed that there were 70 claims where an award outcome has been communicated that was made on behalf of someone who has died, 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.

You can view this FOI 02351 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02351

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?

1,426 requests for a mandatory reversal have been received.

834 mandatory reversals have been reassessed and have reached a decision.

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. You can view this information using the link below:

https://opendata.nhsbsa.net/dataset/foi-02418

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 –

How many appeals to the tribunal have been filed? How many have received an outcome? What are the outcomes?

Please be advised since the disclosure of FOI-02310, this figure has increased by fewer than five. In our response to FOI-02310, we disclosed that 51 claimants have submitted an appeal to HM Courts and Tribunals Service and of these, 13 have been heard by a tribunal and the number of successful appeals was 0. 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 and you can view this information here:

https://opendata.nhsbsa.net/dataset/foi-02310

Question 11 and 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?

717 claims not involving a COVID-19 vaccine have been received by the VDPS. Of these, 219 have been notified of an outcome following medical assessment.

Fewer than five of these claims have been awarded.

Six 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: https://www.legislation.gov.uk/uksi/1982/1408/schedule/2

I am unable to provide the total number or complete breakdown of claims which have been rejected as this will disclose the total number of awards. 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.

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

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” 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.