Category Archives: Law

Texas Governor Declares Disaster to Combat Screwworm Threat

Governor Greg Abbott issued a statewide disaster declaration Thursday, January 29th to prevent a certain species of screwworm fly from entering Texas, mobilizing state resources against a parasite. “Although… not yet present in Texas or the U.S., its northward spread from Mexico toward the U.S. southern border poses a serious threat,” Abbott stated.

Cochliomyia hominivorax, also called Coquerel or New World screwworms, are parasites endemic in South America and the Caribbean. Not new to America, the U.S. was declared free of the parasite in 1966 by the US Department of Agriculture, after successful eradication efforts. A small outbreak occurred in the Florida Keys in 2017.

According to the US Embassy in Costa Rica, “screwworm flies predominantly affect cattle, but frequently affect dogs… and occasionally affect humans.” Experts warn that maggots can burrow into vulnerable tissue like the brain, causing sepsis. Sepsis can cause severe brain damage through systemic inflammation, disrupting the blood-brain barrier (BBB), oxygen deprivation, and neuroinflammation, leading to acute issues like delirium and coma, and long-term cognitive deficits. The Embassy further discusses the story of a 15-year-old girl developed intense headaches after 45 larvae infested a scalp wound, demonstrating risks to children and representing the first human death since the 1990s.

Protection requires cleaning and covering all wounds, wearing long-sleeved clothing, and using EPA-registered insect repellents.

House Introduces a BEACON of Hope for Veterans with Brain Injuries

Representative Jack Bergman (MI), along with 5 original co-sponsors [Sarah Elfreth (MD), Kimberlyn King-Hinds (MP), Donald G. Davis (NC), Derrick Van Orden (WI), Morgan Luttrell (TX)] introduced the BEACON Act, H. R. 6993, in January 2026 to transform how the Department of Veterans Affairs treats traumatic brain injuries. The Veterans TBI Breakthrough Exploration of Adaptive Care Opportunities Nationwide Act establishes two grant programs totaling $60 million to fund innovative, non-pharmacological treatments for mild-to-moderate TBI.*

The sponsor of the bill and at least one of its co-sponsors bring personal stakes to this fight. Bergman, a retired Marine Lieutenant General with 40 years of service including Vietnam combat, witnessed how invisible injuries affect service members. Elfreth watched her grandfather – a Korean and Vietnam War veteran – suffer from PTSD, inspiring her earlier success passing Maryland’s David Perez Military Heroes Act.

Veterans often feel “unseen, unheard, and alone” navigating systems that treat symptoms rather than people. The BEACON Act addresses these gaps by funding research into evidence-based alternatives, training clinicians, and partnering academic institutions with VA facilities to bring innovative care directly to veterans.

*Per bill text, the TBI Innovation Grant Program will “award grants to eligible entities… for the development, implementation, and evaluation of approaches and methodologies for prospective randomized control trials for 11 neurorehabilitation treatments for the treatment of chronic mild TBI (mTBI) in veterans.” Additionally, the Act with provide grants for “independent third-party research studies and treatment with respect to supplemental neurorehabilitation treatments of mTBI.”

Martin Luther King Jr.’s Legacy for Brain Injury Survivors

Martin Luther King Jr. never spoke directly about disability or brain injury, yet his civil rights movement built a legal foundation that protects millions of brain injury survivors today.

The connection lives in the law itself. Title VI of the Civil Rights Act (1964) declares that no person shall “be excluded from participation in, be denied the benefits of, or be subjected to discrimination” based on race. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 both borrow this exact language, extending protections to people with disabilities, including brain injury survivors.

Tragically, the King family later experienced brain injury firsthand. On August 16, 2005, Coretta Scott King (1927-2006) suffered a stroke, leaving her paralyzed and unable to speak. Though she could never publicly address her condition, her eldest daughter Yolanda King (1955-2007) transformed the family’s pain into purpose, becoming National Ambassador for the American Stroke Association’s “Power to End Stroke” campaign. In her final speech in May 2007, Yolanda declared: “Everyone has the responsibility and power to take control of their health.”

King’s principle that “injustice anywhere is a threat to justice everywhere” applies to and protects brain injury survivors. Though he never marched for disability rights, his dream has expanded to embrace them.

Lawsuit to Take Down Austin Police for Takedown Consequences

On January 6, 2026, Natalie Gialenes reportedly filed a federal lawsuit against the City of Austin and a former Officer following a December 2024 incident that reportedly caused her a traumatic brain injury. Gialenes contends that while handcuffed for public intoxication, she bent down to retrieve her dropped ID when a police officer threw her to the ground. Her head struck the pavement with an audible impact that caused bleeding. Her attorney reports she now experiences cognitive difficulties that will affect her for life, including forcing her to withdraw from paralegal school. The Austin Police Association, however, maintains that Gialenes was highly intoxicated, had admitted using cocaine and alcohol, and pulled away from the officer during escort, requiring the takedown to maintain control.

Since 1989, officers have been subject to the Supreme Court order defined in federal Graham v. Connor, which includes the statement, “the facts and circumstances related to the use of force should drive the analysis, rather than any improper intent or motivation by the officer who used force.” Police takedowns are physical control techniques designed to bring suspects safely to the ground, occurring in approximately 21% of use-of-force incidents nationwide. Research indicates injury rates when force is used are estimated in a wide range, from 17 – 64%, with most injuries being minor bruises or strains. Data from the University of Illinois Chicago’s Law Enforcement Epidemiology Project states that 12.6% of civilians hospitalized from law enforcement encounters suffered traumatic brain injuries.

Texas law, as will law in all 50 states, mandates comprehensive use-of-force training for all officers. This training emphasizes de-escalation and proportional response. As Texas Government Code states, officers must provide “first aid or treatment to the extent of the officer’s skill and training” when encountering injured persons. Austin Police Chief Lisa Davis indefinitely suspended the Officer, calling his actions “reprehensible.”

Stroke Detection Mandate Comes to RAA

Richmond Ambulance Authority became Virginia’s first government-funded emergency medical service to train staff on advanced stroke detection, implementing the American Heart Association’s Essential Stroke Life Support program in December 2025. The initiative equips approximately 175 paramedics and EMTs with the BEFAST protocol – assessing balance, eyes, face, arms, speech, and symptom timing – allowing strokes to be identified faster.

During an untreated stroke, 1.9 million neurons die every minute, according to NIH-funded research. Patients receiving early treatment for this brain injury show remarkably improved outcomes, with some studies reporting 40% relative increases in independent ambulation.

With reports showing that approximately 205,000 annual EMS activations nationwide are related to suspected stroke, prehospital detection is critical. Stroke continuing education mandates, though, remain limited. States with requirements include Massachusetts, New Jersey, Virginia, California, Illinois, North Carolina, and Texas. New Jersey law N.J.S.A. 27:5F-27.1 mandates that “each emergency medical services [EMS] provider… shall incorporate training on the assessment and treatment of stroke patients”.

“Time is tissue,” explained RAA Training Coordinator Harold Mayfield. “[Most] brain tissue does not regenerate. The sooner we identify and treat, the better the outcome.”

Should 2026 Fiscal Year Funding Concern the Brain Injured?

President Trump signed S.1071 into law on December 18, 2025. The National Defense Authorization Act for Fiscal Year 2026 was sponsored by Sen. John Cornyn (TX), and co-sponsored by Sen. Ted Cruz (TX), and received bipartisan support in Congress. The House passed the measure 312-112 on December 10, with the Senate approving it 77-20 one week later.

Similar to the redesignation of the Department of Defense as the Department of War, the $900 billion defense package appears to focus more on military action than research  As early as May 2025, ESPN reported, “The Trump administration’s 2026 fiscal budget request to Congress eliminates major federal funding for traumatic brain injury (TBI) research and education, potentially undercutting efforts to address head injuries in sports, particularly at the high school and youth levels.” The 2024 funding bill also included decreased funding for brain injury research. 

Whether the bill affects treatment options and research, and to what level, is to be seen.* It appears that some broader funding can be given to any study, even if it goes above the mandated TBI research amount. Additionally, most of the plentiful research I report on seems to be unrelated to the Department of War.

*Only one day prior to the signing of S.1071, Rep. Lori Trahan (MA) introduced H.R.6823 – “To direct the Secretary of Defense to establish a pilot program to facilitate the development of certain traumatic brain injury diagnostics for members of the Armed Forces.” On that day, December 17, 2025, it was referred to the House Committee on Armed Services. Since that time, no further action has been taken.

Brain Injury Prevention on the Slopes

Katie Watt, captain of the Bates College Nordic ski team, filed suit in December 2025 after a 597-pound unsecured bench shelter struck her during track practice in October 2024, causing a skull fracture and traumatic brain injury. The case, still pending, alleges the college failed to anchor equipment despite 30 mph winds.

Maine’s ski statute 32 M.R.S. §15217 establishes that skiers accept inherent risks, including terrain, weather, and collisions, “as a matter of law,” while preserving claims for negligent operation or maintenance. Similar statutes exist in Colorado, New Hampshire, and Utah, while Vermont statues uniquely void all liability waivers. (I was told by a lawyer that, based on their experience in New Jersey, a ski slope operator is culpable only when gross negligence is proven, such as if they dug a deep hole in the slope terrain.)

Evidence-based TBI prevention emphasizes helmet use which reduces head injury risk by 29-60%. Additionally, avoid terrain parks (31% higher head injury risk), and stop skiing by mid-afternoon when 40% of injuries occur. Groomed intermediate runs, proper lessons, and pre-season conditioning significantly reduce risk.

With proper precautions, skiers can enjoy the slopes safely while understanding their legal responsibilities.

McNabb Continues to Address “Cruelty”

Over 69,000 TBI-related deaths occur annually in the United States, yet survivors face mockery rather than support:

Recently, Payton McNabb—who suffered a traumatic brain injury during a 2022 volleyball game—was mocked by transgender comedian Stacy Cay, who called footage of McNabb’s injury “pretty funny” and criticized her for falling “like a toddler.” McNabb responded powerfully to those repugnant so-called jokes: “A grown man mocking a teenage girl’s traumatic brain injury isn’t comedy—it’s cruelty.” This is particularly notable since transgender discrimination is often at the foreword of the news and “cruelty” is one note that is used to rightfully describe it.

In schools, students with TBI face bullying from peers and even faculty. As for American adults, the percentage who have had a TBI, and are living with its consequences, ranges from 19-29%, according to recent statistics. Adults experience workplace discrimination in many ways, despite federal protections. These laws, specifically the 1996 TBI Act and Section 504 of the Rehabilitation Act of 1973, ostensibly protect survivors from discrimination but do not eliminate the problem.

Unrelated to McNabb’s trauma, President Trump previously dismissed TBIs as “just a headache”, in reference to service members. This 2020 ignorant statement is, unfortunately, shared by many who have no first- or second-hand experience with brain injury. As commonly is the case for those who interact with those who have a neurological injury, President Trump’s understanding of brain injury and respect for brain injury survivors has since changed. Recently, he honored Payton McNabb at his Congressional address. (McNabb also addressed the North Carolina General Assembly in 2023 and her bio is currently available to view in the congressional record.)

University Pays Millions for Treatment Positioning Outcome

The Iowa State Appeal Board approved a $4.16 million settlement on December 2, 2025, following Conrad Colombo’s catastrophic brain injury during prone (lying flat on stomach) restraint at a University of Iowa Hospital.

Colombo, 38, sought emergency psychiatric help in April 2022 after days without sleep or medication for bipolar and schizoaffective disorder. After striking a security officer during a psychotic episode, 16 University of Iowa Health Care employees restrained him face-down while administering the sedatives droperidol and midazolam. During this time, hospital staff failed to consistently monitor his breathing. When he was finally rolled over, his lips were blue and he had no pulse. Resuscitation took eight minutes and left permanent brain damage.

Such tragedies aren’t isolated. A patient died in Virginia in 2023 during prone restraint at a psychiatric hospital, resulting in an $8.5 million settlement. In Toronto General Hospital, a patient suffered fatal brain injury from restraint asphyxia in 2020.

Instead of prone restraint, experts recommend supine (lying flat on back) positioning, verbal de-escalation, and trauma-informed systems, which can reduce the use of restraints by up to 99%. In 2024, Colorado passed HB 24-1372, which restricts prone restraint.

From Execution Chamber to Fraternity Basement

When you think of fraternity hazing, the first example that likely will come to mind is excess alcohol consumption or perhaps streaking through campus. Some fraternities, though, may take hazing to an extreme.  On October 15, 2025, a fraternity at New Jersey’s state university Rutgers did just so: a 19-year-old student was electrocuted during fraternity hazing activities involving water, suffering serious electrical burns and lost consciousness. A second student was shocked while attempting to rescue him. (This fraternity has now been closed at the school.)

In 2019, at the University of New Hampshire, 46 students were arrested in 2019 for a “talent show” involving stun guns. Washington and Lee University suspended Phi Kappa Psi for three years in March 2015 after a member used a Taser on a pledge during initiation. Washington and Lee University President Kenneth Ruscio called it “clear physical abuse, harmful enough as it was, but under the circumstances potentially even more dangerous.”

While electrocution consequences may be first thought to be physical, the cognitive impairments from electrical injury can be more disabling.

According to the NCBI, this process disrupts the semi permeability essential to neuronal function, causing ATP depletion, mitochondrial damage, and loss of electrical charge. As with many traumatic brain injury cases, survivors experience impaired episodic memory, struggling to form new memories or recall recent events. Research into 26 electrical injury survivors found 62% showed processing speed deficits—the most common impairment. Another 62% demonstrated auditory memory and working memory dysfunction. Verbal learning suffered in 54%, while 46% had concentration and attention problems, and 35% showed visual memory deficits.

Brain injury occurs even when current doesn’t directly traverse the skull, transmitted via spinal cord myelinated axons and systemic hormonal stress responses. However, with comprehensive neuropsychological testing, psychiatric support, and occupational rehabilitation, the NIH acknowledges that functional improvement remains possible.

HISTORY & LEGISLATION:

As to how electrocution became a known means of torture, it may be good to look though America’s past: electrocution emerged as a death penalty method in 1888, when New York adopted the electric chair as supposedly more humane than hanging. Currently authorized in nine U.S. states including Alabama, Florida, and South Carolina, it has been used in approximately 4,251 executions since 1890. North Carolina Governor Josh Stein called execution by electrocution “barbaric” in October 2025, while Representative Pricey Harrison described it as “gruesome” in September 2025, noting victims are “literally cooked to death.”