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Vaccine Damage Compensation

Volume 495: debated on Wednesday 8 July 2009

I am pleased to have the opportunity to raise this issue today as chair of the all-party group on vaccine damaged children. I preface my remarks, as I always do, by saying that the all-party group supports a public vaccination programme and the protection of workers in the workplace. We recognise the role that vaccination plays, and has played, in the reduction and eradication of disease, and like everyone, I want protection against disease for my nearest and dearest, and for everybody else’s too.

With protection, however, comes responsibility. Society must accept its duty to give financial support to the small number of workers who have a serious, adverse reaction to a vaccination. The vaccine damage payment scheme, which we are discussing today, is administered by the Department for Work and Pensions, but the Department of Health has an input too. The DWP was first in the drawer for this debate, so I went for it first, but I hope to tackle the DOH at the earliest opportunity. The all-party group has established a good working relationship with the DWP, but sadly the same cannot be said of the DOH. Some of my remarks are intended for the latter, but basically I want to consider what financial support is, or could be, offered to workers damaged by vaccines, whether through the payment scheme, industrial injury benefits or, if appropriate, a new 21st century system of assistance.

Today’s debate focuses on adults such as those in the medical professions. 1993 DOH guidance required, as a condition of service, that all new employers in “exposure prone procedures” should receive hepatitis vaccines. However, people in other jobs are affected too, and I have listed them in my recent early-day motion 1646, which has attracted 138 signatories from all parties represented in the House. I repeat that the numbers affected are small, but, as with all vaccine victims, the casualties are completely innocent; their lives, and those of their families, have been sadly diminished through no fault of their own. This is a family issue.

I congratulate my hon. Friend on securing this debate and on his many years of excellent work, in this House, in trying to secure justice for individuals such as Mr. Robinson, a constituent of mine, who, six years ago—when he was a fit, young man of 43 years—had to be vaccinated for hepatitis B as part of his work as a forensic scientist. Two days later he was taken ill, and unfortunately several weeks later had to finish work. He is now 60 per cent. disabled. Does my hon. Friend agree that this vaccination has had a very detrimental effect on some people’s lives and health, and that they should be compensated?

I have met with Mr. Robinson and my hon. Friend, and I wholly accept his remarks. Unfortunately, however, this is not just about one worker. Having said that, we must keep the figures in realistic terms; the number of people affected is relatively small, so, in my view and that of the all-party group, the issues should be easier for the DWP and the DOH to tackle.

One victim wrote:

“The injuries we suffered as a result of the Hepatitis B vaccination are devastating. We have permanent serious health problems, lost our jobs, our careers, independence, ambitions, family life and the joy of life.”

That statement was made by a medical doctor suffering from vaccine damage. On 19 May, the all-party group held a meeting with workers who reasonably claimed to have been damaged by hepatitis vaccines. Some were receiving industrial injuries benefits, one was receiving a reduced NHS pension, and another was receiving a medical pension. All have had to fight, over a number of years, for those benefits. A number of MPs, from all parties, who could not attend the meeting, wrote to me about adult constituents who might have been damaged by hepatitis vaccines, and to offer their support to the all-party group.

The vaccine damage payment scheme has been described by Ministers as a scheme to provide assistance—not compensation—for people damaged by routine childhood vaccinations. DWP Ministers have stated that the scheme is designed—I emphasis “designed”—to cover routinely recommended vaccines in the childhood immunisation programme. Nothing in the Vaccine Damage Payments Act 1979 appears to state that the scheme relates only to children. It is my contention, therefore, that it could apply to adults also damaged by vaccines and who meet the criteria laid down in the scheme.

I apologise for arriving two minutes into my hon. Friend’s speech. We all welcome the fantastic job that he has done in this field, but will he comment on the problem of vaccine-damaged children who become adults, but whose families continue to fight on their behalf?

My right hon. Friend has a long and esteemed history working in this area and has done far more than me on it and the area of care and health in general. He is of course correct: some of these “children” are now in their 50s and so of similar ages to some in this Chamber. Problems might begin in childhood, but will continue into adulthood, if the individual lives long enough—unfortunately some do not live long lives.

Today, however, we are concentrating wholly on adult workers damaged by hepatitis vaccines. In the majority of cases, people may apply for a payment only before, and up to, the age of 21. Adults can receive a vaccine damage payment for an adverse reaction to polio, rubella, meningitis C or human papilloma virus vaccines, though not for diphtheria, tetanus, pertussis and others, and some vaccines, such as those for hepatitis and influenza, are excluded completely. Applications under the payment scheme often go to appeal, which is adversarial, and for which no legal funding is available to help applicants.

DWP Ministers have always told me that the budget for VDPs is not capped, and I accept that assurance unreservedly. However, I have come to believe that DWP officials do not believe that there is such a thing as vaccine damage. In my view, they think that children and adults might have soreness and some local swelling after vaccination, but no significant or long-term damage as a result. I have no medical background, but I accept the word of the Government’s immunisation policy adviser, who said:

“There are side-effects with all vaccines.”

The recognised side-effects are published in the Department’s patient information leaflet. Workers tell me that they not only had no pre-vaccination discussion about the contents of the patient information leaflet, but did not even see it. I hope that the Department of Health will address that matter. Consent can be meaningful only if people have all the necessary information.

In the UK, the Department of Health acknowledges that chronic fatigue syndrome, rheumatoid arthritis and multiple sclerosis have been reported under the yellow card system as adverse reactions to hepatitis B vaccines, but points out that the reporting of the adverse reaction does not necessarily mean that it was caused by the drug or vaccine. I should like to put it on the record that I had correspondence and a meeting with NHS Direct, now re-established as NHS Choices, about the deletion of vaccination as a possible contributor to myalgic encephalomyelitis in its online directory after 2006. Up to that time, vaccination was listed as a possible contributory cause. I have been told that although there is no paper trail to say how the deletion came about, it is nevertheless correct as, in its view, there is no link between the hepatitis B vaccination and ME. It is small wonder that workers who are damaged by vaccine are suspicious, and I have to say here that I am suspicious, too. Furthermore, the information leaflet on HBvaxPRO, which was published in 2005, stated that

“serious side effects occur less frequently, and include allergic reactions certain severe types of rash, joint pain, muscle disorders such as Guillain-Barré syndrome and central nervous systems disorders such as multiple sclerosis.”

So what happens elsewhere? The US has had a vaccine court since 1989. The system is simple, transparent and relatively quick. The judges are vaccine specialists. It is not a lawyers’ paradise, with just one legal representative and one expert allowed on each side. In 2007 and 2008, more than half of the cases that were compensated in the US were those of adults. Some 146 hepatitis vaccine cases out of a total of 578 have been fully compensated since the court was established. Therefore, the US accepts that hepatitis vaccines can cause significant and sustained damage to a small number of people.

The difficult truth is that what we have in place in the UK is not fit for purpose. It is not usual for me to use such new Labour jargon, but, in this case, it is appropriate. The system was designed in 1979 for a specific purpose. It now needs to be redesigned, upgraded or perhaps replaced with something better. The Labour Government improved the vaccine damage payment scheme in 2000 for which I give them full credit. To be frank, I am very proud that our Labour Government did that. Now, we urgently need further improvements. Since 1997, we have introduced significant and wide-ranging social security reforms. We need a fundamental review of how best to help vaccine victims.

As I said earlier, the vaccine damage payment scheme does not include hepatitis vaccines. Yet the all-party group was informed that at least one person whose hepatitis B claim failed was then told that they could appeal. As the vaccine is not part of the scheme, that has to be a waste of everybody’s time. So, what other help can the Department for Work and Pensions offer? There is industrial injuries assistance. I asked a number of parliamentary questions regarding industrial injuries claims for people who have had an occupational vaccine and can no longer work. Unfortunately, I was told that the information was not available. I also asked about the position of student doctors and nurses who are not covered by employee benefit schemes as they are classed as being in training. Again, the information was not available.

I have been informed by a voluntary group, which has had contact with about 200 people who believe that they have been damaged by a hepatitis vaccine at work, that only one of its number received industrial injuries benefit without going to a tribunal. Five of its members have received industrial injuries benefit following an appeal. Some appeals are still pending. One trainee doctor and one trainee nurse went through the whole tribunal hearing only to be informed that they were not eligible as they were trainees and not employees. So, the cases are there, but the DWP statistics are not.

The DWP knows that workers have been damaged by vaccines because it is, in some cases, paying them industrial injuries benefits. However, if we do not record what is happening, we do not identify the problems. It would appear that we have a postcode lottery of support, with some areas more likely to grant industrial injury payments than others.

I would have thought that the Health and Safety Executive would be interested in such information, particularly when people are assessed as having a 50 or 60 per cent. disability. It is hardly surprising, therefore, that a constituent of my hon. Friend the Member for Wansbeck told the all-party group that

“the benefit system is a complete mess when it comes to those with a vaccine related illness. There is no consistency in its decisions or its knowledge of people’s problems, leaving many to lose confidence in the system that should help them in their need. Where is the duty of care?”

In highlighting the shortcomings of the present system, I hope that we can all work together to meet our duty of care to workers who are vaccine victims. As I said in my early-day motion 1646, I am flexible about what the best solution is. I hope that the Minister will work with his ministerial colleagues, MPs, peers and stakeholders to ensure that reforms are made and that a wrong is put right.

I congratulate my hon. Friend the Member for Eccles (Ian Stewart) on raising this important issue. He has presented his case in his usual way. He is focused, sceptical on behalf of the people for whom he is fighting, relentless and principled. He is exactly the type of union steward that one would want on one’s side. Importantly, he is also modest as well. He takes collective pride in the fact that the Government have increased their awards from £40,000 in 1988 to £100,000 now. However, we know that much of that increase was down to his hard work. We pay tribute to him for that. It has changed lives. That is what all who come into this place hope to achieve on behalf of our constituents and others in our country. He has done it, and we are very proud of him.

I acknowledge my hon. Friend’s constructive chairmanship of the all-party group on vaccine damaged people and I am pleased to hear that there is a good working relationship with the Department for Work and Pensions. I am committed to maintaining and improving that relationship, and I can assure him that the Department will work closely with health officials on the vaccine damage payments scheme and to deal with issues that have arisen in this debate, including those raised by my hon. Friend the Member for Wansbeck (Mr. Murphy) and my right hon. Friend the Member for Coatbridge, Chryston and Bellshill (Mr. Clarke), who also has a distinguished record of working with disabled people.

I, too, congratulate my hon. Friend the Member for Eccles (Ian Stewart) on securing this debate. Far be it from me to steal his thunder, but the Minister said that he would endeavour to work closely with Ministers in the Department of Health. On a previous occasion, my hon. Friend met two Secretaries of State to push the case for advances on payments for vaccine damaged children. If there were a request for a meeting with the Minister and someone from the Department of Health, would he accede to it?

Of course, I would gladly accede to such a request. Our hon. Friend the Member for Lincoln (Gillian Merron) now has policy responsibility as Minister of State, Department of Health, and colleagues who know her will know that one of her qualities is that she engages with colleagues from across the House, which is her responsibility. She and I will gladly see a delegation to discuss this important matter.

I realise that my right hon. and hon. Friends are familiar with the vaccine damage payments scheme and its operations, but for the record and to inform the debate, it would be helpful briefly to outline its background and explain how it works in practice. I am pleased that my hon. Friend the Member for Eccles categorically stated that he and the all-party group support a public vaccine programme. Immunisation with vaccines is a vital way of protecting individuals and the community from serious diseases. It is an important part of our public health policy and it continues to have a tremendous positive impact on the health of our population.

Vaccinations are safer now than they have ever been, but I recognise that on rare occasions, vaccines can cause severe disability, which can put individuals and their families under considerable strain—my hon. Friends the Members for Eccles and for Wansbeck were right to describe those human tragedies in the House. That is one of the main reasons why the Government established the vaccine damage payments scheme at a time, which is thankfully in the past, when there were valid concerns about child vaccines. We believed that the measure of financial help provided by the scheme would help to ease the present and future burdens of those who are severely disabled as a result of vaccine damage.

The scheme, which as my hon. Friend the Member for Eccles rightly said was introduced by a Labour Government in 1979, provides a tax-free, lump-sum payment of £120,000 for those who are severely disabled as a result of a vaccination against the diseases listed in the Vaccine Damage Payments Act 1979. It also acknowledges that people who are severely disabled early in life have less opportunity to save and earn.

However, it is important to note that the vaccine damage payments scheme is not intended to address all the financial implications of disablement for those affected by vaccines; it is only one part of a wide range of support and help available to severely disabled people in the UK. For example, the disability living allowance provides an important non-contributory, non-means tested and tax-free cash contribution towards the extra disability-related costs incurred by severely disabled people.

On the side effects of vaccination and hepatitis B, my hon. Friend perceives that the Department of Health does not recognise that vaccines can cause damage. That is not the case. I hope that Ministers from the DWP and the Department of Health can assure my hon. Friend the Member for Dumfries and Galloway (Mr. Brown) of that at the meeting he requested.

Although we expected to get some answers today—hopefully we will get some—the Minister cannot possibly answer everything we have put to him. Therefore, this short debate is the stepping stone towards other debates and meetings in pursuit of our constituents’ interests.

I am aware, as my hon. Friend said, that the debate is part of a process. As I said in my opening remarks, he is focused, principled and relentless, so this will not be the last time that we discuss this matter. I welcome debate and discussion on this important issue.

I reiterate that the Department of Health takes great pains to ensure that its vaccination information material stresses that no vaccine is 100 per cent. safe. Because the Department of Health recognises the risks, it continues to work closely with the DWP on the vaccine damage payments scheme.

Hepatitis B vaccine is widely considered to be safe. There are known side effects, but the majority are mild, transient and uncommon. With common medical conditions, it is inevitable that some people develop symptoms after they receive a vaccine. It is completely understandable how conditions occurring shortly after vaccination can be attributed to vaccination, but the onset of symptoms after vaccination does not necessarily mean that the vaccine was responsible. Those claims have been extensively evaluated, and there is currently no good scientific evidence that hepatitis B vaccines cause long-term illnesses such as MS, rheumatoid arthritis and chronic fatigue syndrome. That position is supported by the World Health Organisation and the Centre for Disease Control and Prevention in the United States.

It is also important to reiterate that the report of a suspected adverse reaction to the hepatitis B vaccine through the yellow card scheme and its consequent inclusion in the list does not necessarily mean that a reaction was caused by the vaccine. MS was included as a possible side effect in product information, with the proviso that no causal link had been established, long before the studies found that there was no link. The only potentially serious adverse reaction attributable to the hepatitis B vaccine is anaphylaxis. Such severe allergic reactions, which can result in death, are believed to occur about once in 1.1 million doses. It may also be helpful to point out that the US vaccine injury system listed that serious adverse reaction as an adverse event to hepatitis B in its vaccine injury table.

I shall now consider the suitability of including the hepatitis B vaccine in the current vaccine damage payments scheme. It is important at the beginning to understand the background and rationale of the scheme. The scheme has always covered the diseases that are vaccinated against as part of the Department of Health’s routine childhood immunisation programme. Such an approach underlines the intention of successive Governments for the scheme to help those children who are—extremely rarely but regretfully—severely disabled as a result of vaccinations aimed at preserving the health and safety of the wider community.

Changes to the childhood immunisation programme are made on the recommendation of the Joint Committee on Vaccination and Immunisation. As my hon. Friend indicated, in some cases, as with vaccinations against polio, rubella, meningitis C and HPV, the scheme also covers those vaccinated up to and sometimes over 18 years of age.

I am sorry to take up the Minister’s time, but he is clearly going to be unable to answer all the points that have been raised in the debate. Will he write to me to cover all the points that he has been unable to cover in this short time?

I am not going to be able to say everything that I wanted to say, and I will certainly write to my hon. Friend with those details.