Vaccine Damage Payment Solicitors – NHS Negligence

Women receiving vaccination leading to her claiming for a vaccine damage payment.
BSC, LLB (Hons) & LPC Sophia Azam
Legally reviewed by: BSC, LLB (Hons) & LPC Sophia Azam In: Medical Negligence

A Vaccine Damage Payment is a one-off tax-free payment of £120,000 if you’re severely disabled as a direct result of a vaccination.

Additionally, you can make a claim for someone who has died after a vaccination has left them ‘severely disabled’. To submit a claim, you must manage the estate of the person who has died.

It’s important to note that you can still take legal action and sue the NHS to claim compensation, even if you get a Vaccine Damage Payment.

Am I Eligible for a Vaccine Damage Payment?

To make a claim for a Vaccine Damage Payment, you must be able to prove that one of the following has caused severely disability:

  • A single vaccination
  • A combined vaccination
  • If your mother was vaccinated against one of the diseases listed below while she was pregnant.
  • You’ve been in close physical contact with someone who has received an oral vaccine against poliomyelitis.

What Are Some Examples of Diseases You’d Be Vaccinated For?

Regarding the Vaccine Damage Payment Act 1979, some examples of diseases vaccinated against are:

  • coronavirus (COVID-19) 
  • diphtheria
  • haemophilus influenzae type b (Hib)
  • human papillomavirus
  • influenza, except for influenza caused by a pandemic influenza virus
  • measles
  • meningococcal group B (meningitis B)
  • meningococcal group C (meningitis C)
  • meningococcal group W (meningitis W)
  • mumps
  • pandemic influenza A (H1N1) 2009 (swine flu) – up to 31 August 2010
  • pertussis (whooping cough)
  • pneumococcal infection
  • poliomyelitis
  • rotavirus
  • rubella (German measles)
  • smallpox – up to 1 August 1971
  • tetanus
  • tuberculosis (TB)

What Counts as ‘Severely Disabled’?

Medical evidence states, to be classified as ‘severely disabled,’ you must be at least 60% physically or mentally disabled. The medical evidence must be provided by the doctors or hospital involved in your treatment.

When and Where the Vaccination Needs to Have Taken Place?

To be eligible for a Vaccine Damage Payment, you normally need to have been vaccinated before your 18th birthday. Other eligible cases are if you were vaccinated during an outbreak of disease against:

  • coronavirus (COVID-19)
  • poliomyelitis
  • rubella
  • meningococcal group C
  • human papillomavirus
  • pandemic influenza A (H1N1) 2009 (swine flu)
  • meningococcal group W before your 26th birthday
  • influenza

The vaccination must have been administered in the UK or the Isle of Man. Other options are if you were vaccinated as part of your arms forces medical treatment.

Do I Need a Medical Negligence Solicitor to Make a Claim?

Suing the NHS can be complicated, but a solicitor is the best person to help you through the process. There are time limits when it comes to submitting a Vaccine Damage Payment Claim, so we recommend getting in contact as soon as possible.

How Do I Make a Claim for Vaccine Damage Payment?

 To make a claim against vaccine damage, you must prove the vaccination has left you ‘severely disabled’. Our medical negligence solicitors are here to help you gather evidence needed to support your claim.

What is the Time Limit for a Claim?

Claims can only be made for a child once they are 2 years old.

For claims made for an adult, apply by whichever is the latest of the following dates:

  • on or before their 21st birthday (of if they’ve died, the date they would have reached 21)
  • within 6 years of the vaccination

Can I Claim for Vaccine Damage Payment on Behalf of Someone Else?

Applications for Vaccine Damage Payment can be made on behalf of someone who has died.  This is if they’ve been left with a ‘severe disability’ after a vaccination. You need to be managing their estate to apply. 

Are Vaccine Damage Claims on a No Win No Fee Basis?

Yes, at AWH we offer medical negligence compensation claims on a no win no fee basis.

If you believe that you have been the victim of vaccine damage, we advise you get in touch. Our medical negligence solicitors are here to help you get the compensation you deserve.

Get in touch