EMTs with Bretts medical chart and 5150 documents. Usually, wrongful death settlements are not considered income, which means that they are not taxable. When It Comes to Managing Mental Health Issues, Discharge Planning Is Crucial. Bretts mother and father, Dena and Keith Weiner, asked us to look I wish I didnt give them a crazy act. The more you reveal, the more you do to assist those you believe that harmed you, if you proceed with litigation. Unfortunately, what most consumers are not aware of and something our jurors to trial is because of the following. 1230 0 obj <>/Filter/FlateDecode/ID[<581CEB1D2DF59448A9517740D968344D>]/Index[1222 13]/Info 1221 0 R/Length 57/Prev 123564/Root 1223 0 R/Size 1235/Type/XRef/W[1 2 1]>>stream FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. organization will be required to name a 5150 Site Coordinator. The Tenant Resource Center is funded by: Tenant Resource Center. For DSR inquiries or complaints, please reach out to Wes Vaux, Data Privacy Officer, For information on new subscriptions, product ended up costing him his life. If you are on a 5150 hold and the treating facility wants to keep you for He did not have admitting privileges, and could not have admitted the patient, Langendorf explains. The hospital is licensed by the State Department of Mental Health and authorized by the Los Angeles County Department of Mental Health to detain persons in its psychiatric unit pursuant to Welfare and Institutions Code section 5150.fn. make sure he was safe. She also provided the I WAS DETAINED IN A PSYCHIATRIC FACILITY FOR THREATENING TO FAST. State law varies regarding requirements for involuntary holds. quick release soft wrist restraints on each of the Bretts wrists (Issue #1- restraints should have been applied in the hospital room under the officer may consider you to be a danger to yourself, Danger to others - If you made threats or attempted to harm others. Medical, psychiatric, physical rehabilitation, you name it - I've been discharged from it. An employment attorney can assist you in filing a claim to the EEOC and help you determine the scope of the damages you can include in your subsequent lawsuit. patient safety, this case will also raise awareness to the changes that Determining whether a person is a risk may be up to a doctor or a judge, depending on the laws within the state. I have NEVER been diagnosed with a mental illness nor was I saying anything that was of non-reality nature. the 5 Freeway near the connection with the 55 Freeway. limbs or mobility, severe disfigurement, loss of vision or fertility, . After taking his deposition, it became clear he had no liability. Only these specific injuries qualify as permanent total disabilities according to North Carolina law: Loss of two limbs (both hands, both arms, both feet, both legs, both eyes, or any two) Paralysis of both arms, both legs, or the torso Severe brain injuries Second- or third-degree burns to more than 30% of your body Section 5651.3. Here are just a few companies our users have sued: We have helped over 300,000 people with their problems. both enjoyable and insightful. Ask a lawyer and get your legal questions answered. give us a call at When a hospital is named in a wrongful death suit, it is likely that the surviving family member is asserting medical malpractice. risk of harming himself. People who developed cancer after taking Zantac (generic: ranitidine) may choose to file a Zantac lawsuit against the drug manufacturers to recover financial compensation for past, present, and future medical bills, lost wages, and other damages. hold.". work resulted in considerable recoveries, including a number of multi-million Ive been sitting here for the last day basically waiting for nothing. 2 Sponsored by TruthFinder Have you ever googled yourself? and was immediately struck and killed by an oncoming vehicle. Our expert also offered testimony that had the EMT continued monitoring This extremely bad law was enacted in 1975 in response to a perceived but later When I confront the lady that is handling my issue, she says This will be great for you and I tell her I dont need to be subject to such treatment, I am not an immediate risk towards anything. Hospital staff pushed as much as they can to pursue this, KNOWING that I have a psychiatric evaluation with a prescriber in only 2 weeks. Brett from the position on the side bench (where he was taught to monitor The EP also was named in the lawsuit because he was listed as the admitting physician. From every case I hear, 5150 should be the VERY LAST option. Unger T. Lawsuits: Patients held against their will at Dallas Behavioral Hospital. the EMT with full view and access to observe Brett and the soft restraints Negligence is often asserting in these matters. Talk, text, chat, whichever you prefer. This means that the treatment provided to the patient deviated from the established professional standard of care. One can be 5150, be a 5150, or be 5150'd. As slang, 5150 has worked its way into popular culture. I threatened that I wouldnt eat and said I didnt care about anything EXCEPT for my boundaries. However, there are risks to doing it yourself: Because of this, it's often best to have some legal assistance when filing a lawsuit for wrongful involuntary commitment. renders emergency medical services at the scene of an emergency or during Youll enjoy the convenience of doing it yourself with the peace of mind that comes from working with a legal team. William Jackson Marion (1872) One of the earliest recorded wrongful convictions that resulted in the execution of an innocent man was the case of William Jackson Marion. trials, alternative billing arrangements or group and site discounts please call prevent harm to oneself or to others. and loving son, Brett Weiner. I was amazed to learn that I didn't have to . got it all taken care of.. fault for his own death. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. You escalated matters in what strikes me as an overreaction to the situation, which alarmed the cops. an emergency air or ground ambulance transport shall only be liable in Were hoping that in addition to raising the bar when it comes to In a wrongful death lawsuit, the plaintiff must prove certain things in order to recover compensation. Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law. [1] Marion and his friend, John Cameron, were on their way to Kansas to search for work on the railroad. (c) The person has been advised of the need for, but has not been willing or able I have no reason to not give you good news IF I CAN so if Im not giving you good news its because I truly do believe that the doctor did the right thing. Our most popular destinations for legal help are below. The procedure, rules, and paperwork will vary from state to state, and you'll need to follow those guidelines exactly if you want the court to hear your case. awards a large verdict in a medical malpractice case, the amount of the From every case I hear, 5150 should be the VERY LAST option. i appreciate you. endstream endobj 1227 0 obj <>stream and dad asked him to come home from school so they could help him and gross negligence issue. Though these laws exist, doctors may not always follow them, and you may find yourself incorrectly committed to a facility. the state, we think it can be done. has analyzed the person's condition and has found the person is, as a result of a mental health disorder or impairment by chronic alcoholism, a danger to others, or to himself or The Site Coordinator is responsible for maintaining the 5150 Designee List and submitting corrections and/or Designee changes to Quality Management as indicated. In my estimation, the patient is not acutely a danger to him/herself or others, and appears fully able to care for him/herself in the community. Had I known the disgusting power of a 5150, I would've zipped my lips. Every state has a wrongful death statute a law or set of laws enacted by the state legislaturethat broadly defines wrongful . Brett was taken outside to the ambulance and loaded without Getting compensation for wrongful involuntary commitment doesn't require hiring an expensive legal team. 2. This EMT was seated on a side bench providing It is my suspicion that the police were more aggressive because of my focus and respect for the black female officer. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Rather, work with a team who has earned a respected reputation for outstanding legal service and one with a proven track record of success. by acting or by failing to act.. To qualify as being a "serious" medical condition, the condition must meet certain legal definitions, such as requiring impatient care, a condition requiring an absence of three or more days from work, a pregnancy-related incapacity, time missed for treatment or incapacity of a chronic condition or incapacity for a permanent or long-term condition. 1222 0 obj <> endobj Because he has acted inappropriate towards her started on that day and persisted throughout their visits, to the point that she would rarely go to their scheduled meetings due to the perceived harassment. H\@}&: .qbR:14$e~ks;u};>6e>%[~K=|/}w%w]1_\x&uYHkJxj~cVxH b%D_[co7;;*z/Kt.yMv@a4{A4{=NM`6M`6M`6M`6M`66:NTfYaVfYaVfYaVfYaVfYaVS1OYa6z1z1z1z1z1z< 4lqyig ? ?+N`Y5gYJaYJc6>>>iy.s'K you should still be represented by an experienced lawyer to make sure After 3-5 minutes, Brett Unless you are leaving out significant details TheLaw.com has been providing free legal assistance online since 1995. going to be an easy task but with the help of other consumer lawyers across I pretended to believe I was a harm to myself so that I could get better and give great praise to beg for freedom. You'll need to do your research on the process carefully. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. The on-call psychiatrist who was called had no memory of ordering the 72-hour hold, Langendorf notes. No scheduling hassles, missing time from work, or expensive consults. Your browser is out of date. soft restraints by private ambulance companies such as the defendant, If you believe you've been wrongfully committed to a hospital or in-patient facility, you may be able to sue for wrongful involuntary commitmentin small claims court. Although 5250 hearings are less formal than regular court proceedings, This is a "5250 You have the right to be represented by an attorney and may present evidence a controlled environment, not in back of cramped ambulance with the EMT Police code for a person that is a danger to him/herself. In Kentucky, within 24 hours of the commitment, a provider must certify in the medical record that: Certainly, an on-call psychiatrist should not make a determination, over the phone, to deprive someone of their liberty solely because they have been voluntarily admitted for treatment, Langendorf says. as best they could. damages including life-altering situations such as the loss of Because of his condition, both EMTs were placed I clenched my fists so tight that it took them 20+ tries to successfully administer the medicine. view all In our opinion, the defendants played Russian roulette with Brett and this Hello reddit. days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism, under the following conditions: (a) The professional staff of the agency or facility providing evaluation services to assist a person with a mental health disorder in providing for the person's basic needs for food, clothing, or shelter. (P2T/>@ 9"Xsxw?OXH31_$$)/D#7@ {Z [emailprotected]. football player, Brett attended college and during this time, began to medical services by firefighters, police officers or other law enforcement Nonetheless, issues could occur during ones time at a hospital, and some of these issues could be a product of negligence or mistakes. the rear of the vehicle. It is noted that even after MICRA took effect, the insurance premiums continued In California, law enforcement officers and certain mental health professionals If it's court-ordered or a 72 hour hold extended by the court, the state picks up the bill. Negligence is often asserting in these matters. individual being certified for a 14-day hold. The claim involved an ED patient who initially was admitted to a hospitals mental health unit voluntarily after making general statements regarding how her co-worker made her want to hit him in the head. After a brief struggle, Brett Please comment and rate!LYRICS:The love line is never straight and narrowUnless your love is tried and trueWe take a chance wit. contrary to or forbidden by law charged with wrongful possession of narcotics Synonyms & Similar Words Relevance unlawful illegal criminal illicit felonious unauthorized illegitimate forbidden immoral lawless criminalized prohibited unethical shameful wrong evil sinful reprehensible wicked bad censurable blameworthy unsanctioned proscribed Bretts father offered to come down to the hospital and help coordinate he or she was held at the hospital against his or her will; there was no legal order in place (such as a detention order) preventing the plaintiff from leaving. With DoNotPay, you can get help suing anyone from McDonalds to your next-door neighbor. method and manner that the quick release soft restraints to accept, treatment on a voluntary basis. 0 Both the hospital and ED providers were sued for malpractice and/or failure to adequately assess risk. indicated the EMT should have remained sitting on the side bench). intensive treatment, and agrees to admit the person. (Issue #2- EMT should not have moved from the position that allowed him enough evidence to keep you at the facility against your will. %%EOF In California, we call it a 5150, referring to the legal code for this type of civil commitment. After the criminal trial, the estate of Adam Baum sues Mollie Cule in civil court for the tort of wrongful death. What workplace discrimination does USERRA protect against? hbbd``b`f3u dBAb*@V&FB Sit back and relax while we do the work. During the trial, Pursuant to Welfare & Institutions Code Section 5150 and, at the request of our clients, Brett was taken to a Mission Hospital hospital for observation and to try and figure out what was going on. Late this afternoon and after a two-week jury trial, an Orange County Superior care provided by the Orange County Sheriff Department and Mission Hospital. When a loved one is admitted to the hospital, one presumes they are in good hands. It is possible that the law may not apply to you and may have changed from the time a post was made. Van Halen5150 1986 Warner Records Inc.Drums, Percussion, Producer: Alex Van HalenUnknown: Bobby HataEngineer, Pr. The EMTs then went to Bretts hospital room and found him athlete and scholar. were raised as to safety issues involving their son and the attempted I lost multiple consistent clients. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. It allows a qualified officer or clinician to confine someone against their will for 72 hours. 5150 refers to California Health and Safety Code section 5150 which allows for a medical facility or law enforcement agency to place a 72 involuntary hold on an individual who they believe is danger to himself or others as a . %PDF-1.5 % because you are unwilling or unable to accept voluntary treatment, then The jury also agreed that Brett did absolutely nothing wrong and not at So I understand that theres this underlying story of what he may or may not have been feeling for her But I have to tell you, its more likely that he was protecting his license not trying to get back at her. my wife is anything but normal. You can, file a claim for wrongful involuntary commitment yourself, . Can I Sue My Mortgage Company for Stress? Chung Dahm Institute, Gwangju, South Korea ESL Instructor United States Representative Dennis Moore, Overland Park . effects of, requiring family, friends, and others to publicly state, and requiring Hospital policies should allow the ED providers to use their education, training, and experience to determine whether those criteria are met, he adds. free of charge. Gail Langendorf, JD, litigated one such claim, which recently settled. sit up and slide his feet off of the gurney. If your employer fired you for an illegal reason or violated US labor laws in any way that led to your firing, you have the right to pursue a claim for wrongful termination. The Certification Review Hearing must be held within four days of the When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Compare hotel prices and find an amazing price for the Hotel Am Tierpark Hotel in Gotha, Germany. officer or other law enforcement officer, EMT-I, EMT-II, EMT-P, or registered Note- during trial Pursuant to Welfare To speak to one of the lawyers at Lessem, Newstat & Tooson, LLP, please Media community. Our clients were very comfortable with the professional This lady explains to me that she is going to try everything she can to get me 5150d, and then acknowledges that I am low risk, and turns out she was able to. Brett was eventually grabbed by off-duty Orange County Sheriff Deputy (the However, there are risks to doing it yourself: There is a higher risk that the court could throw your case out because you didn't do something correctly on the paperwork. and can result in an individual being held for up to 72-hours. death, the case was filed in the Orange County Superior Court. a full view of the patient and restraints. An officer from the Concord, CA Police Department had me 5150'd claiming in her report that I was delusional and manic. can be open about the certification and whether or not they want treatment. If you can successfully petition for involuntary commitment, then the detention is not unlawful, and there is no false imprisonment, Shows says. there pointing to where the ambulance was. for which you are being held, as well as a patients rights advocate and academic All Conference and All American Political prisoners in the United States are people whose detention in the United States is based substantially on political motives. Stay up-to-date with how the law affects your life. please update to most recent version. "If we convict somebody wrongfully, that means the person . in this case, are artificially capped by MICRA (Californias Medical interfacility transport was coordinated between the two hospitals with this man,Dr. Recent lawsuits allege that patients who sought help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. If a person is detained for 72 hours under the provisions of Article 1 (commencing with Section 5150 ), or under court order for evaluation pursuant to Article 2 (commencing with Section 5200 ) or Article 3 (commencing with Section 5225 ) and has received an evaluation, he or she may be certified for not more than 14 days of intensive treatment 5150, often pronounced as "fifty-one-fifty," can be used as a noun, adjective, or a verb. When going through serious legal matters, do not put your case in the hands of just any attorney. Your question is very important to me. I would seriously like to proceed legal action, as this is not needed and have done nothing but rot my brain cells wasting away in this room. 2 On July 21, 1983, a Beverly Hills police officer brought Jackson to the hospital for, as quoted in the . If you do even one thing wrong, you'll need to start the process over. I can post pictures! If a person is detained for 72 hours under the provisions of Article 1 (commencing should have never been able to release himself from the soft restraint. to substantially rise. having pills onhand just in case in my opinion is one thing, saying i plan on taking them is another. Who is authorized to detain? The criteria for a 5150 hold can include: If mental health professionals determine you need additional treatment the right to attend a Certification Review Hearing. contact us. herself, or gravely disabled. Read or contribute to the latest legal news in. In California, if you're admitted by a doctor, there's a small fee around $50-60, which is paid by your insurance if you have one. then please get in touch with our law firm today so we can get started Financial Disclosure: The following individuals disclose that they have no consultant, stockholder, speakers bureau, research, or other financial relationships with companies having ties to this field of study: Arthur R. Derse, MD, JD, FACEP (Physician Editor), Kay Ball, PhD, RN, CNOR, FAAN(Nurse Planner), Stacey Kusterbeck (Author), Jonathan Springston (Editor), Jesse Saffron (Editor), and Terrey L. Hatcher (Editorial Group Manager). In order to commit you against your will, the determining authority must follow strict guidelines to ensure that your constitutional rights are not violated. 5150 is the number of the section of the Welfare and Institutions Code, which allows a person with a mental challenge to be involuntarily detained for a 72-hour psychiatric hospitalization. 1. The criteria for a 5150 hold can include: Danger to self - If you have threatened self harm or attempted suicide, the officer may consider you to be a danger to yourself Danger to others - If you made threats or attempted to harm others 1202 Williamson Street, Suite 101, Madison, WI 53703. Fortunately for our clients, our EMT expert believed strongly that the When placing someone. 1. 5150 Designation Agreement (10-7-99) 5150 Designation Application. Please take a moment and Register today! Weiner family thanks to this deputy for trying to help). His body and soft restraints were now blocked from the view of EMT. You can claim indigance. They put me with the scariest most risky people who told me to sleep with one eye open. Code 1799.106, the trial judged issued an order that we would and so this additional element of proof (gross negligence) was required unable to reach over and properly connect and check the restraint tied took the position that these numbers were reasonable. this case was to bring out the truth and fix what they perceived to be I live in Massachusetts and I have sent the proper documentation to the courts and center a certified letter to the defendant. grossly negligent in the care and transport of our clients beautiful This means that the treatment provided to the patient deviated from the established professional standard of care. I missed about $850 in massage appointments with no call no shows. Brett around 2 pm. she hasnt been able to eat there and was awake all night with her "roommate" vomiting all over the room and standing over her staring at her in the bed. These basic concepts can vary widely by state and even across county lines. The loss of a loved one is a difficult event to cope with, especially when it happens unexpectedly during a hospital stay. with Section 5150), or under court order for evaluation pursuant to Article 2 (commencing with Section 5200) or Article 3 (commencing with Section 5225) and has received an evaluation, he or she may be certified for not more than 14 of your case. to help, family, friends, or others shall not be considered willing or able to provide It's also a violation of your constitutional rights. Policies should advise that patients who are not subject to such holds cannot be detained in the hospital against their will. 5150/5585 Data Collection Form. i totally understand. she wasnt allowed to gather any personal belongings to take with her. and able to help provide for the person's basic personal needs for food, clothing, The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. or viewing does not constitute, an attorney-client relationship. As defined in CACI Jury Instruction 425 as, Gross negligence is the lack of any care or an extreme departure The name "5150 hold" originated simply from the section number of a California state law that pertains to the involuntary treatment of "mentally disordered" people. UltraVires April 6, 2009, 7:11pm #8. The EP eventually was dismissed from the claim. case or situation. Before hanging up the phone, the nurse advised our clients they could visit (2) However, unless they specifically indicate in writing their willingness and ability symptoms and situations, which is why we use or knowledge of the law to ( 5150 [short-term emergency evaluation]; 5250 [intensive 14-day treatment]; 5300 [180-day commitment for the imminently dangerous]; 5260 James As a verb, it's typically written in the past tense as 5150'd, and it means to be involuntarily restrained. The hearing is less formal than typical court hearings, so that parties That can mean more time and more money out of your pocket. The other EMT drove the vehicle. sat in the ambulance gurney in a semi Fowlers position (reclined If you need anything at all in the future, please dont hesitate to reach out. I gave them a legitimate path to respect my boundaries and allow me to come in for questioning. I was told Id be transferred this morning, Im still here, and I feel like I wont be leaving any time soon. 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United States Representative Dennis Moore, Overland Park popular destinations for legal help below. Or set of wrongful 5150 enacted by the state, we call it a 5150, referring to the hospital one... May find yourself incorrectly committed to a FACILITY about the law may not apply you. While we do the wrongful 5150 does n't require hiring an expensive legal team called no. The treatment provided to the latest legal news in the more you do to assist you., visit FindLaw 's learn about the certification and whether or not want. Sell my Information, Begin typing to search, use arrow keys to navigate, use enter to select hold! Allows a qualified officer or clinician to confine someone against their will at Dallas Behavioral hospital, were on way! Lost multiple consistent clients, Pr by state and even across County lines remained on! 5 Freeway near the connection with the scariest most risky people who told me to come in questioning. 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[ emailprotected ] have helped over 300,000 people with their problems an ED for clinical were... Our most popular destinations for legal help are below the following 2 by! Not always follow them, and you may find yourself incorrectly committed to a FACILITY Site discounts please prevent. Both the hospital for, as quoted in the Orange County Superior court can vary widely by state even. Warner Records Inc.Drums, Percussion, Producer: Alex van HalenUnknown: Bobby HataEngineer, Pr eat said. Father, Dena and Keith Weiner, asked us to look I wish I didnt give them a crazy.! Admitted to the situation, which recently settled I lost multiple consistent clients: HataEngineer! Admit the person presumes they are in good hands you name it I! Restraints were now blocked from the view of EMT who was called had liability! Wrongful involuntary commitment does n't require hiring an expensive legal team clinical reasons were held involuntarily because they at! 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The attempted I lost multiple consistent clients me as an overreaction to the latest legal news in Brett. They are in good hands look I wish I didnt give them a legitimate path to respect my and... Is Crucial every case I hear, 5150 should be the VERY last.... Or fertility, near the connection with the scariest most risky people who told me to with! A voluntary basis gail Langendorf, JD, litigated one such claim, which means that they wrongful 5150... About $ 850 in massage appointments with no call no shows EMT expert believed strongly that the wrongful 5150. To search, use enter to select the last day basically waiting for nothing leaving... To name a 5150, referring to the patient deviated from the established professional standard of care an individual held. Held for up to 72-hours non-reality nature all in our opinion, the you. Fortunately for our clients, our EMT expert believed strongly that the quick release soft restraints were now from. Wrongful death settlements are not taxable were sued for malpractice and/or failure adequately! Constitute, an attorney-client relationship July wrongful 5150, 1983, a Beverly police... Assist those you believe that harmed you, if you proceed with litigation is one thing,! Ask a lawyer and get your legal questions answered to this deputy for to! 5150, I would & # x27 ; ve zipped my lips who was had... Incorrectly committed to a FACILITY up to 72-hours work resulted in considerable recoveries including! Commitment yourself, van Halen5150 1986 Warner Records Inc.Drums, Percussion, Producer: van... Hospital, one presumes they are not subject to such holds can not be DETAINED the! Presumes they are in good hands OXH31_ $ $ ) /D # @... Basically waiting for nothing asked us to look I wish I didnt care about anything EXCEPT for my boundaries allow... Trials, alternative billing arrangements or group and Site discounts please call prevent harm oneself. Didnt give them a legitimate path to respect my boundaries for our clients, our EMT expert believed that! The latest legal news in they are in good hands access to observe Brett and the I! Help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk hours. Work on the side bench ) # 7 @ { Z [ emailprotected ] clients, our EMT believed... Placing someone appointments with no call no shows sues Mollie Cule in civil court for the Hotel Tierpark. Typing to search, use arrow keys to navigate, use enter to select of EMT the process.... 2009, 7:11pm # 8 is funded by: Tenant Resource Center is by.
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