FOI-03000

Thank you for your request for information about the following:

<strong>Request</strong>

You asked us:

<p><i>‘‘How many claims for the vaccine damage payment scheme have been 1) unsuccessful and 2) successful in relation to the patient developing either Neuromyelitis optica, Transverse myelitis and NMOSD. What age were these patients and number of fatalities in each disease or combination.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 11 July 2025. 

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

<strong>Our response</strong>

I can confirm that the NHSBSA holds the information you have requested. All data is as of 30 June 2025 and relates only to claims that have been assessed by the Vaccine Damage Payment Scheme since NHSBSA took over its administration on 1 November 2021. 

We are unable to provide data for claims that were assessed by the Department for Works and Pensions, the previous administrator, as the condition was not recorded by them. 

All figures provided relate to all eligible vaccines. A list of eligible vaccines is available at: https://www.gov.uk/vaccine-damage-payment/eligibility 

<strong>Fewer than five</strong>

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 information is exempt under section 40(2) of the FOIA (personal information).

This is because it would breach the first data protection principle as:
<br>a) it is not fair to disclose individual’s personal details to the world and is likely to cause damage or distress
<br>b) these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the individual

Please see the following link to view the section 40 exemption in full -https://www.legislation.gov.uk/ukpga/2000/36/section/40

<strong>Breach of Confidentiality</strong>

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 FOIA.   Please click the below web link to see the exemption in full: https://www.legislation.gov.uk/ukpga/2000/36/section/41

<strong>Question 1 - <i>How many claims for the vaccine damage payment scheme have been unsuccessful in relation to the patient developing either Neuromyelitis optica, Transverse myelitis and NMOSD?</i></strong>

The following shows specific conditions that have been identified in medical records for claims that have been assessed. 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 not 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.

There have been 87 claims where “Neuromyelitis optica”, “Transverse myelitis” and “NMOSD” has been mentioned, and the claim has not met the criteria for a Vaccine Damage Payment. 

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
<br>• 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: <br>https://www.legislation.gov.uk/ukpga/1992/4/contents  <br>https://www.legislation.gov.uk/uksi/1982/1408/schedule/2 

<strong>Question 2 - <i>How many claims for the vaccine damage payment scheme have been successful in relation to the patient developing either Neuromyelitis optica, Transverse myelitis and NMOSD?</i></strong> 

The following shows specific conditions that have been identified in medical records for claims that have been assessed. 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.

There have been 14 claims where “Neuromyelitis optica”, “Transverse myelitis” and “NMOSD” has been mentioned, and the claim has met the criteria for a Vaccine Damage Payment. 

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
<br>• 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: <br>https://www.legislation.gov.uk/ukpga/1992/4/contents  <br>https://www.legislation.gov.uk/uksi/1982/1408/schedule/2 

<strong>Question 3 - <i>What age were these patients and number of fatalities in each disease or combination?</i></strong>

We are not able to provide the exact age of the vaccinated person for each condition or combination. This is because this may lead to their identification and therefore is withheld under section 40(2) and section 41 as described above. 

None of the claims (either awarded or rejected) involved a bereavement.

<strong>Advice and assistance</strong>
Whilst we are not able to provide the ages of the vaccinated person for each condition, we are able to provide age brackets when combining the condition mentioned. Please note that claims could be in relation to a mixture of the named conditions and other conditions.

For claims where “Neuromyelitis optica”, “Transverse myelitis” and “NMOSD” has been mentioned, which did not meet the criteria for a Vaccine Damage Payment, there were:

•	34 claims where the vaccinated person was aged 0-39
<br>•	53 claims where the vaccinated person was aged over 39

For claims where “Neuromyelitis optica”, “Transverse myelitis” and “NMOSD” has been mentioned, which did meet the criteria for a Vaccine Damage Payment, there were:

•	5 claims where the vaccinated person was aged 0-39
<br>•	9 claims where the vaccinated person was aged over 39

None of the claims (either awarded or rejected) involved a bereavement.

<strong>Data Queries</strong>

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a>  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.

<strong>Reusing the data and copyright</strong>

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. 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: <br>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 2025” This information is licenced under the terms of the Open Government Licence:
<br>http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

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.


Tags: NHSBSA, NHSBSA corporate, VDPS, Vaccine Damage Payment Scheme
Organization: Freedom of Information Disclosure Log