FOI-02662

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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-02662

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, of 20% or more, 30% disability or more, 40% or more disability and at least 50% but below 60% disability.

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?

Our response

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

All data as of 28 February 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 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 will be shown in the data by an asterisk (*).

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?

19,294 claims have been submitted to the Vaccine Damage Payments Scheme (VDPS).

2) How many claimants have been notified of an outcome?

11,562 claimants have been notified of an outcome following medical assessment.

A further 983 claimants have been notified their claim did not meet the criteria for medical assessment. For example, the claim was in relation to a vaccine administered outside of the UK or Isle of Man and it was not administered as part of armed forces treatment.

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

Of the 11,562 claims that have been assessed:

• 5,312 relate to AstraZeneca • 3,801 relate to Pfizer • 504 relate to Moderna • fewer than five relate to Novavax • fewer than five relate to Jansen

The remainder cannot be categorised because they relate to more than one COVID-19 vaccine. For example, where a claim relates to an initial vaccine from one manufacturer and a booster from another.

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

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

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. 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.

5) How many claims have been rejected / unsuccessful?

12,335 claims were unsuccessful. Of these, 11,352 were rejected following medical assessment and a further 983 did not meet the criteria for medical assessment.

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, of 20% or more, 30% disability or more, 40% or more disability and at least 50% but below 60% disability.

983 did not meet the criteria for medical assessment.

Of the 11,352 claims mentioned in Question 5, 10,896 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).

456 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 456 claims: • 286 relate to AstraZeneca • 37 relate to Moderna

Please be advised since the disclosure of FOI-02559, where we disclosed that as of 31 January 2025 there were 114 claims relate to Pfizer, this figure has increased by fewer than five.

You can view this FOI-02559 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02559

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.

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. Therefore, in accordance with section 40 (2) and section 41 of the FOIA this information cannot be disclosed. Details of these exemptions are outlined above.

You can view this FOI-02630 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02630

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.

Submitting a claim in relation to one of the awarded conditions does not mean it will meet the criteria for a Vaccine Damage Payment. This is because each claim is considered on its own merits and in accordance with the criteria of the scheme. VDPS assessments are complex. Each claim is assessed on a case-by-case basis, based upon the individual's medical records, scientific evidence, clinical research and epidemiological evidence.

The main conditions of the claims awarded a Vaccine Damage Payment are:

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

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

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

1,184 claims were received more than 12 months ago and have not yet reached an outcome. Of these, 512 claims were received more than 18 months ago and have not yet reached an outcome. Of these, 158 claims were received more than 24 months ago and have not yet reached an outcome.

The length of time it takes to progress a claim to the medical assessment stage depends on how long it takes for the healthcare providers listed on the claim form to send medical records to us. We are working with healthcare providers to speed up their response times to requests for medical 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.

8) 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

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?

1,702 requests for a mandatory reversal have been received.

1,110 mandatory reversals have been reassessed. Please be advised since the disclosure of FOI-02559, where we disclosed that as of 31 January 2025 there were 21 claimants who have been notified 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 FOI 02559 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02559

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.

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

Since 1 November 2021, 73 claimants have submitted an appeal to HM Courts and Tribunals Service:

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

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

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?

816 claims not involving a COVID-19 vaccine have been received by the VDPS. Fewer than five of these claims have been awarded.

Please be advised since the disclosure of FOI-02559, where we disclosed that 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. This figure has not changed.

You can view this FOI 02559 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02559

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

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

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

We are unable to provide a breakdown by outcome. This is because doing so would result in the disclosure of the fewer than five figure which we have withheld in relation to Question 11 above.

We have therefore decided not to disclose these figures 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:

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”.

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 April 14, 2025, 16:14 (UTC)
Created April 14, 2025, 14:31 (UTC)