Tyler Hervey v. HHS - Influenza, acute cerebellitis / encephalitis-like neurologic injury (2025)

Filed 2017-09-21Decided 2025-11-12Vaccine Influenza
dismissedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

On September 21, 2017, Tyler Hervey's parents filed a petition alleging that FluMist administered on October 30, 2014 caused acute cerebellitis and lasting neurologic problems. Tyler was eight years old.

Before vaccination, the record included ADHD treatment and recent infectious symptoms, including gastrointestinal illness earlier in October and respiratory complaints that had clinically resolved by the vaccination visit. Tyler experienced dizziness and headache around the time of vaccination and was later transferred to Children's Medical Center Dallas on November 5, 2014 for concern for cerebellitis or ADEM.

MRI imaging was unremarkable, and treaters assessed post-infectious or post-viral acute cerebellitis. Later records described recovery from the acute episode, though his parents raised concerns about memory, learning, and school issues.

Petitioners relied on Dr. Lawrence Steinman and Dr.

Lawrence Drew, who advanced an immune/molecular mimicry theory involving myelin antigens and the live attenuated influenza vaccine. Respondent relied on pediatric neurologist Dr.

Michael Kruer and infectious disease expert Dr. Hayley Gans, emphasizing Tyler's surrounding viral illnesses and the treating records' post-infectious assessment.

Special Master Thomas L. Gowen found petitioners had not shown vaccine causation by preponderant evidence and dismissed the claim on November 12, 2025.

Theory of causation

FluMist/live attenuated influenza vaccine October 30, 2014 at age 8 causing alleged acute cerebellitis/encephalitis-like injury. DISMISSED/DENIED on causation. Symptoms included dizziness/headache around vaccination and November 5, 2014 transfer for cerebellitis/ADEM concern; MRI unremarkable; treating assessment post-infectious/post-viral acute cerebellitis. Petitioner experts Dr. Lawrence Steinman and Dr. Lawrence Drew proposed molecular mimicry; respondent experts Dr. Michael Kruer and Dr. Hayley Gans favored post-infectious etiology. SM Gowen dismissed November 12, 2025. Petition filed September 21, 2017.

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