FOI-02559

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Freedom of Information Disclosure Log

The NHSBSA's responses to Freedom of Information requests. read full version of description

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Open Government Licence 3.0 (United Kingdom) [Open Data]

FOI-02559

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?

6) What is the average processing times for claims from the NHSBSA receiving a claim to the outcome decision for a) all claims received b) for claims that received an award.

7a) 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%

7b) Is it possible to give the conditions that have met the criteria e.g VITT, GBS?

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

9) How many of the successful claims involved a fatality?

10) 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?

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

13) How many have been determined?

The NHS Business Services Authority (NHSBSA) received your request on 30 January 2025.

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

Our response

I can confirm that the NHS Business Services Authority (NHSBSA) holds the information you have requested.

All data as of 31 January 2025. All data relates to claims received by the NHSBSA and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021.

All figures provided for questions 1 to 11 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:

https://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?

18,551 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

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

11,010 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 11,010 claims that have received an outcome following medical assessment:

• 5,023 relate to AstraZeneca • 3,643 relate to Pfizer • 496 relate to Moderna • 1,848 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.

Please be advised following the disclosure of FOI-02475, whereby the figure was 203 for all vaccines as of 31 December 2024, the figure for COVID-19 vaccines has increased by fewer than five at the time your request was received. Therefore, as detailed above in accordance with section 40 (2) and section 41 of FOIA, we are unable to provide an updated number of successful claims in relation to COVID-19 Vaccines.

Of these, fewer than five were Pfizer and fewer than five were Moderna and the remaining claims were AstraZeneca 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. 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?

Please be advised that we are unable to confirm the how many claims have been rejected following a medical assessment as doing so would confirm the number of claims awarded. Please refer to question four above which explains our application of section 40 (2) section 41 of FOIA.

927 claims did not meet the criteria for medical assessment.

Question 6a - What is the average processing times for claims from the NHSBSA receiving a claim to the outcome decision for: a) all claims received

Between 1 November 2021 and 31 January 2025, the average number of days it took from receipt of a claim from a claimant to communicating an outcome was 276.

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 6b - What is the average processing times for claims from the NHSBSA: b) for claims that received an award.

Between 1 November 2021 and 31 January 2025, the average number of days it took from receipt of a claim from a claimant to communicating an award was 430.

Payments are made within 10 working days once we have received relevant documents from claimants. For example, a completed bank details form.

Question 7a - 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%

445 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

Of the 445 claims:

• 280 relate to AstraZeneca • 114 relate to Pfizer • 37 relate to Moderna • the 14 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 remainder of 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). We are unable to disclose a figure for this because doing so would allow for confirm the number of claims awarded to be disclosed. Please refer to question four which explains our application of section 40 (2) section 41 of FOIA.

We cannot provide the breakdown by disability level. This is because the numbers are so small that individuals might be identifiable when compared with previously released figures. For context, in FOI-02475 there were 106 unsuccessful claims where people met the causation criteria but were assessed at 30-59% disability.

Question 7b - 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 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 • Chronic Inflammatory Demyelinating Polyradiculoneuropathy (CIDP) • Guillain-Barre syndrome • Immune thrombocytopenia • Myocardial Infarction • Myocarditis/pericarditis • Pulmonary Embolus • Stroke/ CVA • Transverse myelitis • VITT/Cerebral Venous Sinus Thrombosis • Acute allergic reaction • Bacterial pneumonia • Immune response to vaccine • Inflammation of lungs • Bilateral sequential optic neuropathy • Vaccine-induced vasculitis

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.

Question 8 - How many claims have been waiting over 12 months, 18 months, 24 months for a decision?

997 claims were received more than 12 months ago and have not yet reached an outcome. Of these, 515 claims were received more than 18 months ago and have not yet reached an outcome. Of these, 153 claims were received more than 24 months ago and have not yet reached an outcome.

Question 9 - How many of the successful claims involved a fatality?

Please be advised since the disclosure of FOI-02351, where we disclosed that as of 31 October 2024 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 10 - 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?

1,586 requests for a mandatory reversal have been received. 1,022 mandatory reversals have been reassessed. Of these, 21 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 11 - How many appeals to the tribunal have been filed? How many have received an outcome? What are the outcomes?

Since 1 November 2021, 64 claimants have submitted an appeal to HM Courts and Tribunals Service: 

https://www.gov.uk/vaccine-damage-payment/if-you-disagree-with-a-decision

Five appeals have reached an outcome. None of these have been successful.

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?’

768 claims not involving a COVID-19 vaccine have been received by the VDPS. 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

Question 13 - How many have been determined?

254 claims not involving a COVID-19 vaccine have received an outcome.

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:

https://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 2025” 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.

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Last Updated February 28, 2025, 14:28 (UTC)
Created February 27, 2025, 15:25 (UTC)