G.S. v. HHS - Rotavirus, intussusception (2025)

Serah G. Starcher, mother of G.S., a minor, filed a petition for vaccine compensation on July 29, 2025, on behalf of her son.

She alleged that the Rotateq vaccine administered to G.S. on July 2, 2022, caused him to develop intussusception. The petition was filed by Dennis W.

Potts, Esq. The respondent was represented by Dima Atiya, Esq.

Special Master Mindy Michaels Roth issued the decision. To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate either that the injury is listed on the Vaccine Injury Table (a "Table Injury") or that the vaccine actually caused the injury.

The record in this case did not contain evidence of a Table Injury. Furthermore, the record lacked persuasive evidence that the alleged intussusception was vaccine-caused or vaccine-related.

The public decision notes that claims cannot be awarded based solely on the petitioner's assertions; they must be supported by medical records or a competent physician's opinion. In this instance, the petition was not supported by sufficient medical records, and no medical opinion was offered to support a finding of entitlement.

Consequently, Special Master Roth determined that the petitioner failed to demonstrate either a Table Injury or that the injury was actually caused by the vaccination. The case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly.