Vaccine Compensation Program Case Dismissed for Insufficient Proof

Strategic Insights -

Petitioner Serah G. Starcher, individually and in her capacity as the Prochein Ami of her son G.S., a minor, filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program on June 6, 2024. The petition alleged that the Rotateq vaccine G.S. received on July 2, 2022 caused him to develop intussusception. However, an examination of the record did not uncover any evidence that G.S. suffered a "Table Injury" or that his alleged injury was vaccine-caused.

Key Takeaways:

  • The United States Court of Federal Claims issued an opinion dismissing the case, citing insufficient proof to support petitioner's claim.
  • Petitioner Serah G. Starcher filed a petition for Vaccine Compensation on behalf of her son G.S., alleging that the Rotateq vaccine caused intussusception.
  • The record failed to show entitlement to an award under the National Vaccine Injury Compensation Program.
  • An examination of the record did not uncover any evidence of a "Table Injury" or that the alleged injury was vaccine-caused.
  • The petitioner has failed to demonstrate entitlement to compensation under the Program.
  • The case is dismissed for insufficient proof.
  • The Clerk shall enter judgment accordingly.

Statistics:

  • Case number: 24-866V
  • Date of petition filing: June 6, 2024
  • Date of opinion issue: July 29, 2025
  • Vaccine type: Rotateq
  • Alleged injury: Intussusception
  • The record did not contain persuasive evidence indicating that petitioner's alleged injury was vaccine-caused or in any way vaccine-related.

Sources:

  • Case 1:24-vv-00866-UNJ Document 30 Filed 08/25/25 Page 1 of 2
  • Vaccine Rule 18(b)
  • National Childhood Vaccine Injury Act of 1986
  • 42 U.S.C. SSSS 300aa-10 et seq. (Vaccine Act or the Act)