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

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.