Vaccine Damage Payments Act 1979

Jim Shannon Excerpts

Wednesday 2nd March 2022 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I thank Mr Speaker for granting this debate, which is the first such debate on the Vaccine Damage Payments Act 1979 since 24 March 2015.

Vaccines have been our major public health defence against covid-19. This debate is not about all those millions who have benefited from vaccination; it is about the tens of thousands who did the right thing, were vaccinated but then, as a result, suffered death, serious injury or other life-changing adverse consequences. The vaccine damage payment scheme was extended to cover covid-19 vaccinations in recognition of the potential importance of this issue.

I am delighted that the Prime Minister also clearly believes that this is an important issue. On 11 August last year, he wrote to Kate Scott, whose husband Jamie, a fit 44-year-old software engineer, spent 124 days in hospital following severe brain injury caused by the vaccine. The Prime Minister said, referring to Kate’s husband Jamie and his family from Warwickshire,

“you’re not a statistic and must not be ignored”.

The Prime Minister went on to thank Kate Scott for her suggested changes to the vaccine damage payment scheme and promised that the Government would consider the case for reform.

Why, then, is there no tangible evidence of the Government having done anything in the six months since the Prime Minister said those words? The Government have repeatedly blocked my Covid-19 Vaccine Damage Bill, which was briefly debated in this House on 10 September. Why have they not even uprated the £120,000 payment under the scheme to take account of inflation since 2007, when it was last reviewed? On this basis, the maximum should now be over £177,000. Why have no payments yet been made under the scheme, even where a full inquest has established that the vaccine was the cause of death?

That, sadly, is the situation of Lisa Shaw’s family. The 44-year-old BBC Radio Newcastle presenter died from a brain haemorrhage confirmed by a coroner in August as having been caused by the AstraZeneca vaccine, as reported in The Sunday Telegraph on 5 December 2021. Another case about which somebody has written to me arose from a decision by the Westminster coroner who recorded the AstraZeneca vaccine as the cause of death on her mother’s death certificate. Neither of those families is yet to receive any acknowledgement that they qualify under the VDPS, let alone that they will be compensated. Are the Government disputing these coroners’ verdicts? I sincerely hope not, and perhaps the Minister can confirm that in her response.

The Sunday Times reported on 27 February this year that 920 coronavirus vaccination injury claims had been registered, but none has been accepted or been the subject of any payment. That article referred to Zion Spit, described as “a ridiculously healthy” 48-year-old antique dealer from Cumbria, whose death was confirmed as having been caused by the vaccine. His partner of 21 years and fiancée, Vikki Spit, has been in touch with me to express her solidarity with my efforts to obtain redress from the Government and her frustration at the Government’s refusal to engage with victims and their families.

Will the Minister please tell us now when the first payments will be made under the VDPS, and why, despite having told me that 26 staff are now processing claims—11 more than in December—no payments have yet been made? Will she also say how many medical assessors are currently reviewing outstanding cases, and when the backlog will be cleared?

[Jim Shannon (Strangford) (DUP)]

First, I congratulate the hon. Gentleman on bringing forward this debate. He has been a doughty campaigner on this issue, and we all recognise that and wish him well. Does he not agree that while it is right and proper that we have confidence in the vaccine—including those of us who have taken the vaccine; the two doses and then the extra one—there are undoubtedly occasions where things go wrong, as he has outlined, and on those occasions there should be appropriate compensation? The Government and the Minister have a duty of care, and indeed a moral obligation to stand up for those people, and when it comes to being appropriately compensated, that must move in line with the times and reflect not just the loss alone, but dealing with the consequences.

[Sir Christopher Chope]

I agree absolutely with the hon. Gentleman. I describe him as a veteran of this issue, because he was one of the Members who participated in the 2015 debate to which I referred.

Many of those who have written to me have indicated that even a payment of £177,000 would be totally inadequate for the injuries and financial losses that they have suffered, including loss of earnings and the cost of care. The range of adverse conditions caused by the vaccines is extensive. By way of example, Mr Julian Gooddy of Henley has given me permission to disclose his circumstances because of his frustration at the lack of understanding by the Government.

Two weeks after his vaccine, Mr Gooddy experienced acute pain throughout his body. He developed Bell’s palsy, required treatment for his left eye, which would not close, and suffered bowel incontinence and severe fatigue. Peripheral numbness and pain in his upper legs, feet, neck and hands then developed. He was in and out of the accident and emergency department at the John Radcliffe Hospital for two weeks, being prescribed steroids, pain killers and undertaking multiple MRI and CT scans, electromyographs and nerve conduction studies. He then collapsed at home in pain and was admitted as an in-patient for five days of intravenous immunoglobulin in an effort to halt the continuing nerve damage caused by the autoimmune response to the vaccine. He was then diagnosed with Guillain-Barré syndrome, which is an autoimmune disease in which the body attacks its own myelin sheath.

Does my hon. Friend the Minister, having listened to the circumstances of Mr Gooddy, believe that his case meets the 60% disablement threshold? I have received so many other reports of complicated symptoms, which have been a real nightmare for our hard-working NHS to address and for which there are, in many cases, no cure.

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[Maria Caulfield]

If my hon. Friend contacts me after the debate I will be happy to find out what specific help is available for her constituent in the local area. But we do have a robust safety mechanism in place, dealing with not just covid vaccines but all medicines, and the VDPS was established in 1979 as a one-off, tax-free payment, with the aim of easing the financial burden on individuals when, on very rare occasions, vaccination has caused severe disablement.

For the specific groups of vaccines that are covid-related, the Prime Minister announced on 21 September 2021 that responsibility for the operation of the VDPS would transfer from the Department for Work and Pensions to us in the Department of Health and Social Care on 1 November 2021. We are picking up that mantle and are working at pace to address the many issues my hon. Friend the Member for Christchurch has raised.

[Jim Shannon]

Will the compensation scheme to which the Minister referred apply across the whole of the United Kingdom of Great Britain and Northern Ireland—will people in Northern Ireland, Scotland and Wales qualify if they have ailments such as those to which the hon. Member for Rutland and Melton (Alicia Kearns) referred?

[Maria Caulfield]

My understanding is that it does, but I will clarify that for the hon. Gentleman as I do not want to inadvertently mislead the House if I have got it wrong.

The NHS Business Services Authority has taken over the process and is looking to improve the claimant journey on the scheme through increasing personalised engagement and reducing response times, which was one of the points made today. A difficulty we have with the covid-19 vaccines is that they are new; we are still learning about them and the scientific evidence on potential causal links between the vaccine and instances of disablement is still developing. That is part of the reason for the delay in claims being addressed.