Category Archives: Law

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.”

Parties Unite to Combat TBI-Linked Veteran Suicides

Reports have found that hundreds of thousands of American troops have sustained a traumatic brain injury since 2000. Similarly, a 2024 Department of War report revealed that troops regularly exposed to blasts faced suicide rates roughly twice as high as service members in noncombat roles. To address these sobering realities, on November 6, 2025 [when the government was officially shutdown], Senators Dave McCormick (PA) and Jacky Rosen (NV) introduced the Veterans Traumatic Brain Injury Adaptive Care Opportunities Nationwide Act.

According to official text, the S.3130 will establish a program within the Department of Veterans Affairs to award grants, “to develop, implement, and evaluate approaches and methodologies for prospective randomized control trials for neurorehabilitation treatments for the treatment of chronic mild traumatic brain injury in veterans,” as current TBI treatments often fall short. By prioritizing cutting-edge research and complementing existing VA efforts like the Staff Sergeant Parker Gordon Fox Suicide Prevention Grants program, the initiative aims to close critical treatment gaps and proactively reduce the underlying conditions that contribute to veteran suicide.

“As I think about the soldiers I served alongside, I feel this issue deeply,” said Senator McCormick, a West Point graduate and combat veteran. “Our veterans deserve access to innovative and groundbreaking TBI treatments that will enhance their quality of life and finally address the suicide epidemic among servicemembers.” Senator Rosen concurred: “Our veterans put their lives on the line to defend our freedoms, and they deserve every resource available to heal from the invisible wounds of service.”

The bill now awaits consideration in the Senate Committee on Veterans’ Affairs, where supporters hope it will gain momentum as part of a broader push to address veteran mental health care.

Historic Federal Shutdown Resolved as Disability Services Faced Collapse

“The House of Representatives passed the ‘Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, abd Extensions Act, 2026’, with a vote of 222 to 209… after a damaging and unnecessary shutdown that lasted 43 days,” states a press release on the Committee on Appropriations section of the House of Representatives site.

The longest congressional government shutdown in U.S. history ended November 12, 2025, after 43 days, and 15 votes, that threatened the funding of critical services for people with brain injuries and disabilities. The House passed the Senate Appropriations Committee’s spending bill H.R.5371 with a vote of 222-209. President Trump signed the bill into law at 10:25 PM EST.

As was widely reported, the shutdown disrupted Supplemental Nutrition Assistance Program November benefits for 42 million Americans. Nearly 14 million people with disabilities rely on SNAP benefits.  Senator John Fetterman, who suffered a stroke in 2022, was among eight Democrats who voted with Republicans to end the shutdown. He stated: “I refuse to gamble with the food insecurity of 42 million Americans”.

Many financial assistance government programs that benefit the brain injured population are state-based: Supplemental Security Income, employment services, support for independent living healthcare, such as Medicaid and state-specific programs. As such, Social Security Disability Insurance (SSDI) payments thankfully continued without interruption, though other crucial services suffered.

However, many disability advocacy organizations operated “on fumes,” with some stopping new cases entirely. Maria Town, President of the Washington D.C. located nonprofit American Association of People with Disabilities, warned: “Given how many people with disabilities rely on benefits from government programs, this shutdown is especially harmful for the disability community”. The Tennessee Rehabilitation Center in Smyrna closed completely due to lack of federal funding, while Arkansas suspended rehabilitation services starting November 1.

Interestingly, the government shutdown, officially termed a “lapse in appropriations”, was not introduced to the Country as a negotiating “tool” until 1980, during the presidency of Jimmy Carter.  Since that time, most Presidents have weathered these shutdowns. Only two, Ronald Reagan and Donald J. Trump, weathered 3 shutdowns while in office. If history is to be the guide, this government inaction will soon be forgotten, which is both a positive and great negative for America’s well-being.

Brain Injury in Blue

While citizen brain injuries from police interactions are prominent in the news, galvanizing the “Defund the Police” movement, they remain rare—occurring in just 0.36% of encounters according to 2024 data from one major US city. Officers face greater risks. Across the pond, a 2025 University of Exeter study highlighted the problem: “Police officers face twice the risk of traumatic brain injuries and PTSD.”  An August 2024 Ohio State University study found 30% of law enforcement officers are injured on duty. Reporting on this study, the Journal of Head Trauma Rehabilitation May/June edition states that, “[Head injuries] are prevalent in LEOs, which may have consequences for their performance, well-being, and career longevity. PTSD and depressive symptoms are higher in those with a HI history, suggesting LEOs need better traumatic brain injury and mental health resources.”

For police officers, brain injuries are primarily sustained from assaults, vehicle crashes, and falls, and can have horrific outcomes. Ferguson, MO Officer Travis Brown exemplifies the danger of the myriad of anti-law enforcement protests: struck during a 2024 protest, he remained unable to walk or talk nearly a year later. Additionally, in a September 5, 2025 article, ‘Something Is Wrong With My Brain’, the New York Times reported on Brent Simpson, the first police officer known to have CTE.

Congress has responded with the TBI and PTSD Law Enforcement Training Act, signed into law in August 2024. Led by Rep. Don Bacon and the late Rep. Bill Pascrell Jr. of the Congressional Brain Injury Task Force, this legislation mandates CDC studies on first responder concussions and crisis intervention training, allotting $270 million over five years for training and research. Mick McHale, President, National Association of Police Organizations (NAPO) said, in relation to protecting the police, “This legislation also recognizes that law enforcement and first responders are among those in our communities who suffer from these afflictions and requires the CDC to do a study on the prevalence of TBI and PTSD in the profession. We thank [senators] for championing this legislation and… [their] support of the law enforcement community.”

Thankfully, officers can and do protect themselves through ballistic helmets, baseline concussion testing, and return-to-duty protocols following head impacts. More so, additional research likely will be a benefit, assuming that it results in positive action.

New Safety Measures Take Effect for Stunt Performers

Box office success proves that people relish characters’ overcoming unbelievably intimidating or frightening physical odds in film. However, for the stunt performers who perform these acts, the imbedded danger can be very real. An Ohio University study published in 2023 by the NIH reveals stunt risk: 80% of film and television stunt performers have experienced head impacts. Of that high percentage, 86% showed concussion-like symptoms. (This percentage is likely much higher than industry professionals would think, as there is also a 2024 NIH-published report Stunt performers’ reluctance to self-report head trauma.)

Based on statistics and the increased public concern about production safety, California signed into law SB 132 in July 2023. While this bill was not effective until this past July, the Income taxes: tax credits: motion pictures: occupational safety: California Film Commission mandates safety advisors and risk assessments for tax-credit productions, specifically stating, “[it] would require the safety advisor to prepare a final safety evaluation report based on the actual risk and compliance experience.” Georgia now requires, “major studio filming… [to] assign a safety officer to a feature length production as part of a pilot program.” New York has also developed a similar pilot safety officer program in 2025.

The film industry, at large, has also taken action, as SAG-AFTRA now requires 500 days’ experience for stunt coordinators. Beyond performer safety concern, this enhanced attention to the issue of stunt trauma is based on simple financial calculations, as lawsuits underscore the stakes. HBO settled with stuntman Casey Michaels for $9.4 million in 2023. Fast & Furious 9 producers also faced $1 million in fines after stuntman Joe Watts suffered traumatic brain injury.

While new laws and highlighted attention are a positive sign, stunt safety remains difficult to assess. An exploratory study found in the NIH database, Head Trauma and Concussions in Film and Television Stunt Performers, alarmingly found that fear of job loss meant that 65% continued working while symptomatic.) “Concussion seems to be a serious occupational health issue in stunt performers,” stated Dr. Jeffrey Russell, researcher at Ohio University. This somewhat dismissive statement shows that action is needed to protect both the stunt performers and the studios’ bottom line.

Brain Injury Bill Returns After 2024 Setback

On September 24, 2025, S.2898 – Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act of 2025 was introduced to the Senate. Sponsored by Senator Markwayne Mullin (OK), the legislation seeks to reauthorize federal grant programs providing care and resources for individuals with traumatic brain injuries through 2030, including funding for state partnership grants, protection systems, and CDC research.

Sen. Andy Kim (NJ), one of the bills bipartisan co-sponsors, says that he considers it a privilege to advance legislation that supports a cause that was so important to late Congressman Bill Pascrell (NJ), his friend and a staunch champion of TBI issues. (Kim’s extensive work with veterans, some of whom suffer traumatic brain injuries, also deepens his understanding of the issue’s severity.)

The current bill, named for a Clifton, NJ resident who was struck by a car as a pedestrian, essentially reintroduces the 2024 legislation. That bill passed Senate committee overwhelmingly but was unexpectedly removed from a December continuing resolution. This new bill, S.2898, preserves much of the 2024 bill while extending authorization through 2030 and reducing state matching requirements, making federal funding more accessible. The last action taken on the bill was on October 8, 2025, when a star print was ordered on the bill. According to congressional diction, “star prints are corrected re-prints of congressional publications.”

Cursive Writing Benefits to Students & the Brain Injured

Cursive writing functions as a complex motor skill that can remarkably persist even when brain injury patients lose explicit memory of how to perform it. This surprising phenomenon occurs because cursive engages procedural memory systems stored in the basal ganglia and cerebellum, which often remain intact when other cognitive functions are impaired. Recent NIH-funded research demonstrates that “attempting to write each letter produces a unique pattern of activity in the brain,” as Stanford’s Dr. Frank Willett explained in a 2025 study. A comprehensive 2025 analysis published by the NIH found that cursive writing creates enhanced connectivity across motor, visual, and memory regions.

For brain injury survivors, studies suggest cursive practice offers superior rehabilitation benefits. Unlike typing, which “relies on repetitive finger movements,” cursive engages “fine motor coordination and smooth transitions between letters,” activating broader neural networks crucial for recovery, according to recent university research. The continuous motor control required for cursive helps rebuild damaged neural pathways and enhances fine motor skills essential for rehabilitation.

Currently, many states have been dropping cursive instruction as a curriculum requirement, but recent neurological evidence has prompted policy reversals. New Jersey State Senator Angela McKnight recently advanced legislation requiring cursive proficiency by fifth grade, stating: “We’re doing our children a disservice by not teaching them a vital skill they will need for the rest of their lives.” California, Kentucky, and New Hampshire have reinstated requirements after recognizing cursive’s cognitive benefits. This resurgence reflects growing understanding that cursive writing enhances memory retention, motor control, and neural integration—benefits particularly valuable for cognitive development and including for those with a brain injury.

Big Beautiful Bill Controversy Obscures Opportunity for the Disabled

Self-identified as one of his signature achievements, President Trump’s “One Big Beautiful Bill Act” was signed July 4, 2025. Since this time, H.R. 1 has generated widespread criticism from the news media.  The Atlantic described it as “A Big, Bad, Very Ugly Bill,” while ABC News reported that “two-thirds of the public view the ‘One Big Beautiful Bill’ legislation unfavorably.” While some of this criticism may be legitimate, the bill also offers opportunities for Americans with disabilities despite concerning cuts to social programs.

The legislation reduces SNAP funding by $186 billion through 2034 and implements stricter work requirements and eligibility verification for Medicaid, both of which could potentially affect millions of disabled Americans. However, the bill notably leaves Medicare largely unchanged, preserving this critical healthcare program for seniors and people with disabilities.

The legislation’s most transformative provision dramatically expands ABLE (Achieving a Better Life Experience) savings accounts, allowing people whose disability was diagnosed before age 46 to qualify, up from age 26. This change will enable an estimated 15 million Americans with disabilities to access tax-advantaged savings accounts without jeopardizing government benefits like Medicaid and Social Security.

The bill makes permanent several tax advantages, including 529-to-ABLE rollovers and expanded saver’s credits. As reported by CNBC, Charlie Massimo, a financial advisor and father of two sons with autism, says, “This is a game changer. For the first time, millions of Americans with disabilities will have access to the same kind of tax-advantaged wealth-building accounts most families already have.” Geneva Dickerson, who cares for her disabled brother, sees the potential: “With an account like the ABLE account, he can use those funds to pay for more speech therapy or physical therapy if insurance doesn’t cover it.”

While controversial aspects of the bill deserve scrutiny, the ABLE expansion represents the most significant advancement in disability financial inclusion in over a decade, offering unprecedented opportunities for financial security and independence.

H.R.1 – One Big Beautiful Bill Act: https://www.congress.gov/bill/119th-congress/house-bill/1

ABLE: https://www.ablenrc.org/