Vaccine Damage Payments Act 1979

Maria Caulfield Excerpts

Wednesday 2nd March 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for bringing this debate to the Floor of the House; it is an important debate that raises important questions.

Vaccinations are an effective health intervention which can save lives and promote good health. We have one of the best immunisation programmes in the world and are at the forefront of rolling out new initiatives, and I am very proud that the vaccine programme has been a key factor in getting us through the covid pandemic. However, as my hon. Friend pointed out, there are extremely rare and very sad circumstances where individuals have experienced severe disablement with a possible link to the vaccine.

The VDPS that we are debating today is one of the many ways in which the Government support individuals and their families where that has happened. It recognises that vaccines themselves remain the best way to protect us, particularly against covid, and that people have done the right thing in coming forward and having the vaccine. I want to assure people today that the vaccine is safe, and we are still encouraging people to have their vaccination, but I do recognise that some people have had experiences from the vaccine that we need to address, and that my hon. Friend is asking very important questions.

[Alicia Kearns (Rutland and Melton) (Con)]

I know my hon. Friend the Minister is about to talk about the types of support available, so I want to make my pitch at this point: I have a wonderful 38-year-old female constituent, a mother of three, who after her first shot of AstraZeneca has had horrendous, life-limiting conditions. The NHS seems to have closed its doors to her: for 10 months she has been asking for help, but no one will give it. She has had to go to Germany to get the specialist blood analysis she needs. So can the Minister kindly say what medical ongoing support and pathways the NHS has created within its support specifically to ensure that people like my constituent get the help they so desperately need to live healthier, happier lives?

[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.

[Sir Christopher Chope]

My hon. Friend will not have time to answer all my questions, so will she meet me to discuss the issues I have raised that she is unable to deal with now? Also, on this issue of evidence, does she require more evidence than a coroner’s verdict to enable the relatives of somebody who died following the vaccine to get compensation?

[Maria Caulfield]

The ruling on a causal link between a medicine and an adverse event, and whether that has led to death or injury, is made by the Medicines and Healthcare products Regulatory Authority. A process has to be followed—the process is independent of Government —and that has started on this range of vaccines. It remains vital that decisions are made on the evidence presented. Currently, the MHRA is going through the notes of affected patients to gather that evidence and look for causal links.

If these vaccines were perhaps five, six or seven years old, we would be in a very different place. However, as of 18 February this year, there have been 920 claims to the vaccine damage payment scheme related to covid-19. The work currently going on is establishing whether there is a causal link between the vaccine and the adverse events that people have been suffering. The yellow card scheme, which we have for all medicines, helps us to gather information, and I encourage people, whether they have had severe or minor symptoms—whatever they are—to report them, because that is how we gather evidence on medicines.

For all the claimants who have applied to the VDPS in relation to covid-19, while we are gathering evidence from their medical records, the approach will be to look at the assessment criteria and ensure that we are in the strongest possible position before we put the evidence to the medical examiner. That in turn will help ensure that claims are assessed as quickly as possible. We think that will take about six months. I will certainly meet my hon. Friend and ensure that we hold people’s feet to the fire so that there is not a longer delay than is needed. The NHSBSA is working as quickly as possible to progress claims. I understand that it has been in touch with claimants to update them on progress and will continue to update them as it has news.

We estimate that the process will take on average six months. It requires gaining access to people’s medical notes and their previous medical history, because, while someone may have had a reaction on the day, we cannot say for sure until we have looked at all the evidence that that is a causal link between the vaccine and the adverse event, even though there may be a strong suggestion that it is. It is therefore important to follow that process correctly.

My hon. Friend touched on payments. The payment was set originally at £10,000 in 1979, and it is currently £120,000. We have not made any payments in relation to the covid vaccine, but we are working at pace through all applications to the scheme and, once a causal link is established in those cases, we can look at those claims more swiftly.

[Sir Christopher Chope]

I am grateful to the Minister for agreeing to a meeting to discuss the further issues that she cannot cover tonight. On the £120,000 payment, that has not increased since 2007, so in effect it should now be worth £177,000. Why will the Government not give in on that point? That would be a great victory tonight.

[Maria Caulfield]

I am not going to commit tonight to increasing the payment—I think that is above my pay grade. Perhaps we can discuss that further when we meet.

I reassure people watching the debate and right hon. and hon. Members that the safety of the covid vaccine and its benefits outweigh any adverse events that may be caused by it. With any medicine—even a simple paracetamol—if people look at the yellow forms and the side effects mentioned on the leaflet in the packet, they will see that there are always side effects. We want to reassure people that the vaccine is still a safe and effective way of protecting them and their loved ones from the virus. However, where there have been concerns, we need to identify causal links and, if they are established, as my hon. Friend the Member for Rutland and Melton (Alicia Kearns) pointed out, we must be better at supporting people. I am very keen to do that.

Although these vaccines have been with us for nearly two years, they are still new in the lifespan of medicines and we are still learning about both their efficacy and their side effect profile. Each vaccine is assessed by a team of scientists and clinicians on a case-by-case basis. We are acting at pace, although it can feel like a long time for people affected by side effects. I will meet my hon. Friend the Member for Christchurch to discuss the matter further. I am keen to get support and payment in place for those affected, if we can, as quickly as possible.

Question put and agreed to.