Request

‘clarity on the criteria for claims related to vaccine-related injuries, specifically regarding the H1N1 swine flu vaccine from 2009 and conditions like brachial neuritis.

Additionally, I would like to know the criteria for claims related to the following conditions that I’ve been diagnosed with:

• Complex Regional Pain Syndrome
• Frozen Shoulder
• Myalgia
• Chronic Fatigue Syndrome
• Bursitis
• Shoulder Impingement
• Functional Dystonia
• Cervicalgia
• Brachial Neuritis Injury
• Functional Neurological Disorder
• Obstructive Sleep Apnea
• Confirmed Tilt Test
• Genetics for Narcolepsy and Cataplexy
  HLA-DR15 HLA DQ6
  -SIRVA

Understanding the eligibility requirements and the process for submitting a claim is crucial for individuals who may have faced adverse effects post-vaccination. Could you please provide detailed information or documentation on the criteria used to evaluate claims and any relevant guidelines that could help in this situation?

I would also appreciate it if you could share any epidemiological studies or data that inform the criteria used for evaluating claims. Understanding this information would be very helpful for individuals who may have faced adverse effects post-vaccination.’

The NHS Business Services Authority (NHSBSA) received your request on 6 January 2025.

[On 15 January 2025 you clarified your request as follows]

When I mentioned the criteria, I was referring to the official guidelines or standards that assessors use to evaluate claims under the Vaccine Damage Payment Scheme. I would appreciate it if you could provide a copy of this criteria, including office guidelines for the types of injuries recognised and the severity thresholds, and any documentation requirements

I was also requesting the official guidelines for assessing the list of conditions in my request. I would grateful if you forward the ones relating to the swine flu vaccine if they are not all the same

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

Response

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority.

Advice and assistance

There are no assessment guidelines relating specifically to the H1N1 swine flu vaccine. The medical assessment process is the same for all eligible vaccines:

https://www.gov.uk/vaccine-damage-payment/eligibility

All claims are assessed on a case-by-case basis by an independent medical assessor. Medical assessors are General Medical Council registered doctors with a license to practise and at least five years' experience.

Independent medical assessors use resources to support their assessment. These resources are available at:

https://www.nhsbsa.nhs.uk/vaccine-damage-payment-scheme-vdps-claim-process

The independent medical assessor will look at the claim form, full medical records, clinical research, epidemiological evidence, and the current consensus of expert medical opinion.

They decide if you are due a Vaccine Damage Payment based on whether:

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

Severely disabled means at least 60% disabled, assessed for the purposes of section 103 of The Social Security Contributions and Benefits Act 1992 , available at:

https://www.legislation.gov.uk/ukpga/1992/4/contents

Further principles for assessing the extent of disablement are set out in the Social Security (General Benefit) Regulations 1982, available at:

https://www.legislation.gov.uk/uksi/1982/1408/contents

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-02484

Your personal details will be removed from the published response.