Patients who succumb to H7N9 infection have impaired CD8+ T-cell function. Our laboratory has previously shown that expression of the activation markers, CD38 and HLA-DR increased on CD8+ T cells during early stages of infection, and then gradually declined during the recovery. Conversely, patients with fatal disease outcomes displayed high and prolonged expression of CD38+HLA-DR+ on CD8+ T cells. In order to understand whether the CD38+HLA-DR+ CD8+ T cells are activated in virus-specific (via T cell receptor; TCR) or non-virus-specific (via inflammation) manners in flu infection, human peripheral blood mononuclear cells (PBMCs) were stimulated in vitro with an influenza-derived M158-66 peptide at varying concentrations and conditions. We found that CD38+HLA-DR+ upregulation occurred 8 days after peptide stimulation. However, not all CD38+HLA-DR+ CD8+ T cells were specific for the M158-66 peptide, indicating that there are indeed other ways to trigger CD38+HLA-DR+ expression on CD8+ T cells. In addition, M158-66+ CD8+ T cells after high dose peptide stimulation rarely expressed IFN-γ in contrast to low dose peptide stimulation. Using an in vivo approach of influenza infection in mice, we also demonstrated a higher proportion of CD38+MHCII+ CD8+ T cells within both DbNP366 tetramer-positive and -negative populations after high dose infection than that with low dose influenza virus infection. This suggests that some CD8+ T cells can become activated in a non-virus manner to express CD38+MHCII+, which is consistent with our in vitro peptide stimulation data. Thus, our study illustrates that CD38+HLA-DR+ CD8+ T cells can be activated in both virus-specific and non-virus specific manners, and this CD8+ T-cell subset might represent a potential biomarker for dysfunctional immune responses.