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HOUSTON (AP) – Parents of a 2-year-old girl involved in a drowning incident on Memorial Day have sued to stop Texas Children’s Hospital from testing if she’s brain dead, testing a new strategy in Texas’ “right to life” movement aimed at giving people as much access to life-supporting services as possible.

While most fights to keep patients on life support begin after they’ve been given a brain death diagnosis, Annelise Camp’s parents are battling the hospital at an earlier stage, the testing phase.

“This is not settled science,” said state Rep. Steve Toth, R-The Woodlands, who has helped drive the public’s attention to the Camps, who live in Cypress.

Brain death is defined in Texas law as the irreversible cessation of brain function. Under the law, once a patient is declared brain dead, a hospital can withdraw life-sustaining measures.

According to court documents, the Camps say Annelise shouldn’t be tested for brain death so she can have more time to recover. They also ask that she be transferred to another hospital to explore other treatment options. However, Texas Children’s has stated it wants to conduct testing to determine next steps in her medical care and that it has no imminent plans to end care for Annelise.

This case has drawn the attention of Texas Attorney General Ken Paxton, who posted on X in support of the Camp family: “I am closely monitoring this case and will act to protect this child and honor her parents’ efforts to save her.” Influential anti-abortion group Texas Right to Life has started working with the family, too.

Given growing attention to the Camp family’s fight, bioethics and legal experts say that this could empower other families to fight brain testing, which is becoming more common. The case has already inspired at least one lawmaker to create new laws and build on Texas’ existing laws that protect the rights of patients and their families to extend life-sustaining services and access experimental treatments.

The lawsuit is the latest chapter in a yearslong fight among some right-to-life advocates to end the brain death diagnosis because they believe multiple organs have to fail to be considered a biological death.

Meanwhile, medical experts believe there needs to be a “clear line” that distinguishes life from death otherwise ICUs would lose capacity to treat patients that have a chance of recovery, said David Magnus, a Stanford University medicine and biomedical ethics professor.

It appears no courts in Texas have determined the legality of brain death tests, said Thomas Mayo, professor emeritus of law at Southern Methodist University. If the state district court rules in the family’s favor, it would not be binding in other courts, Mayo said.

However, “if Texas Right to Life is involved in any way, and the family loses, this case would likely go to appeal,” he added.

The brain death debate

The Camp family were visiting relatives on Memorial Day, when Annelise wandered into the hotel pool without her life jacket, Johnston Camp, Annelise’s father, told FOX 26 Houston in early June. She was pulled out of the water by family members who began CPR until first responders arrived. Camp was taken to Texas Children’s west Houston location and after an hour her heartbeat returned.

“She never gave up when I asked her to do something… I’m never gonna give up on her,” Camp told the station.

Since the interview, the Camps have declined speaking to The Texas Tribune, citing a court order that prevents them from doing so, said their lawyer Heath Novosad. Texas Children’s has also declined to comment on the case.

Three days after Annelise was hospitalized, her parents filed a temporary restraining order against Texas Children’s after physicians said they had exhausted all treatment options and advised that the child get tested for brain death, according to court documents filed in late May. The documents say Annelise’s heart was beating, although she was dependent on a ventilator. The Camps have refused any brain death testing and want to transfer Annelise to another hospital to receive hyperbaric oxygen treatment or stem cell therapies.

Texas Children’s officials said in court documents they’ve contacted medical facilities to ask about accepting Annelise, but 35 of the 36 have declined and the one pending hospital said it needed her to undergo brain death testing to consider transfer.

The court granted the family’s request for a temporary injunction and the family is asking for a permanent halt to brain testing.

Hospitals usually notify family members, but are not required to get permission from them or the patient to conduct brain death testing.

Under the Uniform Determination of Death Act, if someone is determined brain dead, they are considered legally dead and hospitals have the right to discontinue organ-supporting services.

According to Texas Right to Life, which has long fought the legal recognition of brain death and its use to stop life-sustaining measures, brain death is not consistent with the Christian faith. As long as there is a heartbeat, a person is still alive. The Camp family has stated in court documents brain death testing is against their religious beliefs.

“Texans have the right to say we don’t believe in this,” said John Seago, president of Texas Right to Life, adding that his organization has worked with 106 patients to fight for life-sustaining treatment, an increase in the last three years. “A dead person has no rights, and that’s the problem with the brain death concept, in general, is it is a shortcut to deprive individuals of the right to life and other rights.”

Magnus, the Stanford professor, said that if hospitals are no longer able to diagnose someone with brain death and are forced to keep more people on life support, this could strain resources, such as ICU beds.

“Using that scarce resource for somebody who has no chance of ever making any recovery doesn’t really make a lot of sense,” he said. “When the hospital beds are full, Texas will not be a good place to get sick.”

Magnus worries that if hospitals are no longer allowed to recognize brain death diagnosis, organ procurement could decline which places the burden of organ donations on other states or else, many Texans could be at risk of dying.

“That means that if you have renal failure, you die. You have liver failure in Texas, you’ll die. When you have heart failure in Texas, you’ll die,” he said.

While some of the loudest critics of the brain death diagnosis have been among anti-abortion advocates, not all are in agreement. Texas Alliance for Life points out that the definition of death in state law is based in “sound medical science,” its executive director Amy O’Donnell said. She declined to comment specifically on Camp’s case.

Room to expand “right to life” laws?

In the last few decades, Texas legislators made attempts to create and fine-tune “right to life” laws that expand the rights of those who have been declared brain dead. None have addressed brain death testing, which is ripe ground for new legislation.

“We passed legislation in the state of Texas and we think people will just follow it,” Toth said.

In 2023, state lawmakers expanded the Right to Try law – originally limited to terminally ill patients – to give chronically ill patients access to investigational treatments if they had exhausted approved options. The same year, the Legislature changed the Texas Advance Directive Act, so that hospitals must give families of patients 25 days’ notice before pulling life support, increasing it from 10 days. Although, groups like Texas Right to Life believe that there should be no time limit.

This change came three years after the family of 1-year-old Tinslee Lewis challenged the advance directive act, also garnering national attention. Lewis was born with a rare heart defect that kept her on life-support in Cook Children’s Medical Center’s ICU from birth. Leveraging the law’s life-support time limit, doctors at the Fort Worth hospital wanted to take Tinslee off life support against her mother’s wishes and an appeals court ruled in the family’s favor. Lewis was discharged after two years, according to CBS.

Toth, who carried the House version of the bill that changed the Right to Try law in 2023, said he would push to give families the right to contest the brain death test and make it difficult for hospitals to procure organs from patients declared brain dead.

Toth, who won the Republican primary for Texas’ 2nd Congressional District in Houston in the spring, ultimately wants to eliminate the brain death diagnosis on a national level.

“I think that we’ve got to be really careful at just observing the rights of parents to make this decision, this call for themselves,” said Toth.

Texas does not have legislation that provides for a reasonable accommodation of a religious objection to brain death, said Mayo.

If the brain death diagnosis was taken off the books, hospitals can still leverage the Texas Advance Directive Act which places a time limit on how long a hospital is responsible for life-supporting treatment, Magnus said, but “courts in Texas have been inconsistent about applying their own law.”

“Courts in other states have gone back and forth over whether a determination of brain death can be done at all, and whether once it’s done, the physician’s findings are determinative of further treatment or stopping treatment. I think it’s a very, very emerging question that is getting disparate treatment in various jurisdictions,” said Mayo.

In these cases, the courts will usually tell the hospital to keep the patient on life support, said Magnus. “Basically the courts don’t want to be the one that makes (the brain death) determination,” he said.

NEW YORK (AP) — The top U.S. auto regulator opened an investigation Monday after a Tesla using an automated driving feature slammed into a Texas home at high speed and killed a 76-year-old woman standing inside.

The National Highway Traffic Safety Administration said it’s opening a special investigation into the Tesla Model 3 crash on Friday near Houston, a significant probe because the car was using technology that Elon Musk considers key to the company’s future.

The Tesla CEO is rolling out robotaxis using automated software in several U.S. cities this year and plans to invite Tesla owners to put their cars into the fleet using the same system across the country.

The driver told the Harris County Sheriff’s Office that he was using the technology, according to a police report on the crash, but it’s not clear what role, if any, it played in the incident.

The police report also noted that the driver was not drunk and is cooperating. It identified the woman killed as Martha Avila.

Video obtained by KHOU-TV shows the car traveling at top speed over the front lawn of a brick home in Katy, then ramming into a front room. The next shot shows the car encased in the home amid piles of crumbling plaster, split beams and bits of furniture.

Tesla did not respond immediately to a request for comment.

The auto safety regulator, known as NHTSA, has launched several investigations into Tesla, including one late last year into 58 incidents in which Teslas reportedly violated traffic safety laws while using self-driving technology, leading to more than a dozen crashes and fires and nearly two dozen injuries.

A few months earlier, the NHTSA opened an investigation into why Tesla apparently had not been reporting crashes promptly as required.

As for special crash investigations, the NHTSA has opened 46 involving Teslas using self-driving or driver-assistance technology over the past decade, according to the agency’s records. In more than a dozen of those crashes, at least one person — a driver, passenger or pedestrian — was killed.

Tesla stock fell sharply early last year as car sales plunged amid a boycott of Musk after he waded into politics, leading President Donald Trump’s budget-cutting Department of Government Efficiency initiative and embracing European extremist candidates.

Musk has since shifted the Tesla story to one less about car sales and more about AI and robotaxis, and done so successfully. The stock is up 16% in the past year.

BOSTON (AP) — A Delta Air Lines jet was roughly 300 feet (90 meters) from an American Airlines plane during a close call at Boston’s airport that forced the Delta aircraft to abort a weekend landing attempt, an aviation expert said Sunday.

The Federal Aviation Administration said it was investigating the incident between two commercial flights that happened Saturday at Boston Logan International Airport.

Todd Curtis, a former safety engineer at Boeing, estimated the distance between the two jetliners using Flightradar24, a website that tracks flights. Curtis now coproduces a podcast about flight safety issues.

“This is a significant incident,” Curtis said, adding that it was particularly concerning because it involved two professional airline crews.

He said federal aviation officials have been concerned about such runway incursions for a while now and will scrutinize Saturday’s close call.

Near-misses and runway incursions at U.S. airports will be the subject of a hearing on Capitol Hill on Tuesday. The Senate Commerce?Subcommittee?on?Aviation, Space,?and Innovation will?seek ways to strengthen safety across the national airspace system.

The Delta flight from Dallas had to execute a go-around, or aborted landing, to avoid the American plane departing from an intersecting runway, according to the FAA and flight logs.

The crew of Delta flight 2351 coordinated with air traffic control to perform the go-around, an airline spokesperson said. The plane, which had 129 passengers and six crew members on board, landed safely and deplaned normally, according to the spokesperson.

Go-arounds are safe, routine procedures performed at the discretion of the pilot or air traffic controllers, according to the FAA.

KATY (AP) – A driver in a Tesla vehicle that was allegedly in driver-assist mode crashed into a Texas house Friday night, killing a woman who was inside the home, investigators said.

Michael Butler was traveling in his Tesla Model 3 around 8 p.m. local time in Katy, Texas, and was operating the vehicle “with an automated driving assistance system,” the Harris County Sheriff’s office said in a statement.

Butler allegedly failed to drive in a single lane, left the roadway and struck the residence, according to the sheriff’s office.

“Butler’s Tesla entered through the brick residence, at a high rate of speed, and struck M. Avila who was inside the residence,” the sheriff’s office said in a statement.

Avila was airlifted to a hospital where she was later pronounced dead, the sheriff’s office said.

Investigators said Butler, who was injured, showed no signs of intoxication and he was cooperating with officers. Attorney information for the driver wasn’t immediately available.

The investigation is ongoing and as of Saturday afternoon there were no charges.

HOUSTON – Monday, Chevron Corporation announced that a 20-year power purchase agreement has been signed between Microsoft Corp. and Energy Forge One LLC, a wholly owned subsidiary, to develop a co-located power facility in West Texas that will supply dedicated electricity to a Microsoft-operated data center. Project Kilby is the development that Chevron and Engine No. 1 have been working on together.

Kilby is anticipated to provide roughly 2.67 gigawatts of capacity, constructed using a modular, phased architecture that allows for gradual expansion. Large GE Vernova turbines and related electrical infrastructure will provide the majority of the generation, with Solar Turbines, a fully owned subsidiary of Caterpillar Inc., contributing additional capacity. By utilizing America’s natural gas edge, this places Kilby among the biggest co-located natural gas power and data center expansions in the United States and supports the next stage of American AI growth.