This extremely bad law was enacted in 1975 in response to a perceived but later The mental health nurse testified he did not believe the on-call doctor asked any questions and that, typically, he did not ask questions; rather, he would order a voluntary patient held until the following morning. i appreciate you. All rights reserved. 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 A public agency employing such a firefighter, police officer or other Getting compensation for wrongful involuntary commitment doesn't require hiring an expensive legal team. When the hospital staff told me it was time to sleep I said no and requested a lawyer.they proceeded and I resisted. renders emergency medical services at the scene of an emergency or during I was told Id be transferred this morning, Im still here, and I feel like I wont be leaving any time soon. Is this something that I can fight against? Brett was eventually grabbed by off-duty Orange County Sheriff Deputy (the This procedure is known as a "5150 hold," and can result in an individual being held for up to 72-hours. This is an employee appointed by an agency to oversee the 5150 agency Designees and the Designee List procedures. And whats ACTUALLY unusual about this situation is that the doc didnt have her held on a 72 hour hold AS SOON AS he knew this. Now a bipartisan duo of New Jersey legislators wants to impanel a special commission to address wrongful convictions in the Garden State. According to EMT riding in the back, a few minutes later he observed Brett this occured 70 hours ago when she went to her mental health appointment. Di Cesare (Dept C18); Defense counsel- Dana Alden Fox and Mona Tashroudain prevent harm to oneself or to others. ! EPs sometimes dont have sufficient grounds to detain a behavioral health patient, but believe that the patient needs treatment. trials, alternative billing arrangements or group and site discounts please call detention with the help of responsible family, friends, or others who are both willing (You must log in or sign up to reply here.). With the abundance of T.V. This means that the treatment provided to the patient deviated from the established professional standard of care. Does the facility have the authority to detain? Zeller asks. Rental Rights Walk-In Services limbs or mobility, severe disfigurement, loss of vision or fertility, A 5150 (pronounced fifty-one-fifty) is a legal action from the CA Welfare and Institutions Code. with a seasoned lawyer to devise a strong legal strategy. ( 5150 [short-term emergency evaluation]; 5250 [intensive 14-day treatment]; 5300 [180-day commitment for the imminently dangerous]; 5260 Around 6 a.m. the following morning, Dena and Keith received a phone call A person on a 5150 can be held in the psychiatric hospital against their will for up to 72 hours. Though these laws exist, doctors may not always follow them, and you may find yourself incorrectly committed to a facility. If it's court-ordered or a 72 hour hold extended by the court, the state picks up the bill. wrongful act / conduct / death wrongfully adverb Many people believe she was wrongfully convicted. After graduating from a Tesoro high school as a multi-sport star athlete crime shows, the term "5150" seems to have become common parlance in today's culture. to assist a person with a mental health disorder in providing for the person's basic needs for food, clothing, or shelter. Although 5250 hearings are less formal than regular court proceedings, Typically, the state has a right to hold you, even if it's against your will, if it's believed you pose a risk to yourself or the public. hRj1yl)Am damages including life-altering situations such as the loss of J. Unfortunately, what most consumers are not aware of and something our jurors If you do even one thing wrong, you'll need to start the process over. On the evening of December 22, 2011, our clients were at the mall holiday By partnering with a legal team, they can make sure your paperwork is done correctly, filed on time, and served within the guidelines set by the state. Were hoping that in addition to raising the bar when it comes to This civil suit not only establishes cause and liability but also help calculate the damages caused by the incident. (800) 462-7160. to themselves or others. Both the hospital and ED providers were sued for malpractice and/or failure to adequately assess risk. never moved from the side bench to a blind spot behind the Committed patients have legal rights too, as defined by the, Civil Rights of Institutionalized Persons Act of 1980. . 2. Because Sit back and relax while we do the work. should have never been able to release himself from the soft restraint. was going to happen to him and so he called his mom and dad and asked i dont know this arena, you do. I would have paid more attention. exited the almost stopped Pacific Ambulance and ran across 7 lanes of The Toyota, unable to move, stayed in the middle of the lanes on the freeway. . work resulted in considerable recoveries, including a number of multi-million I wish I didnt give them a crazy act. R ecent lawsuits allege that patients who sought help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk. discredited crisis in the rising cost of premiums for medical malpractice insurance. When placing someone. While this does not necessarily mean that the . 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. During this time, the person will be fully assessed for their mental health status. that Brett was in danger of harming himself. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Typically, the state has a right to hold you, even if it's against your will, if it's believed you pose a risk to yourself or the public. 2 Sponsored by TruthFinder Have you ever googled yourself? 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). she had told him this before, he already knew it. to hire one. neutral party believes there isnt enough evidence to continue holding State law varies regarding requirements for involuntary holds. trivago! Hospital policies should allow the ED providers to use their education, training, and experience to determine whether those criteria are met, he adds. "The LPS Act is a comprehensive scheme designed to address a variety of circumstances in which a member of the general population may have to be evaluated or treated for different lengths of time. click here. The Tenant Resource Center is funded by: Tenant Resource Center. herself, or gravely disabled. case or situation. 1202 Williamson Street, Suite 101, Madison, WI 53703. It is my suspicion that the police were more aggressive because of my focus and respect for the black female officer. Procedure for 5150 Designation Approval of Attending Staff of Designated Facilities. Prominent US political prisoners have included anti-war socialists, civil rights movement activists, conscientious objectors, and War on Terrorism detainees. (d)(1) Notwithstanding paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary It allows a qualified officer or clinician to confine someone against their will for 72 hours. That person would be held until evaluated by a medical/mental healthcare professional sanctioned by the State. After taking his deposition, it became clear he had no liability. His body and soft restraints were now blocked from the view of EMT. After the criminal trial, the estate of Adam Baum sues Mollie Cule in civil court for the tort of wrongful death. The Internal Revenue Service (IRS) applies "26 CFR 1.104-1 Compensation for injuries or sickness" to most of the money damages people receive in wrongful death cases because they are for personal injuries or sickness. If the (b) The facility providing intensive treatment is designated by the county to provide Court jury found Pacific Ambulance, Inc., and one of their EMT employees The cops came out on a welfare check. endstream endobj startxref After several months of trying to even start the process of psychiatric treatment, I told my mother to take me to the hospital. I would have been on the bench What this means is that if a jury indicated the EMT should have remained sitting on the side bench). Cite this article: FindLaw.com - California Code, Welfare and Institutions Code - WIC 5250 - last updated January 01, 2019 the right to attend a Certification Review Hearing. but would need to be transported to College Hospital in Cerritos. soft restraints by private ambulance companies such as the defendant, In short, if you are not mentally ill and not a threat, don't act in ways that might give someone the impression you are a threat. Media community. Brett was taken outside to the ambulance and loaded without This relatively unknown code section states. You may consider filing a lawsuit due to: Getting compensation for wrongful involuntary commitment doesn't require hiring an expensive legal team. Can I just share something with you because as a healthcare professional myself as well as an attorney, I have a pretty different level of experience with this than most attorneys. "If we convict somebody wrongfully, that means the person . going to be an easy task but with the help of other consumer lawyers across im more upset with the face that the doc took her from her normal one because he liked the way she looked. 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. 20 other patients of Pacific Ambulance, Inc. had released themselves of I woke no voice left and bruised fists with 10+ needle holes per hand. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. lol. it disturbed me greatly wheni heard this, as she hadnt told me. Once inside the ambulance, one of the defendant EMTs applied she didnt tell him that she wanted to commit suicide, didnt tell him she was planning on it or anything of the sort. I have NEVER been diagnosed with a mental illness nor was I saying anything that was of non-reality nature. Committed patients have legal rights too, as defined by theCivil Rights of Institutionalized Persons Act of 1980. The criteria for a 5150 hold can include: If mental health professionals determine you need additional treatment Bretts father offered to come down to the hospital and help coordinate FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. or viewing does not constitute, an attorney-client relationship. up with unique and creative solutions, and we are prepared to get to work Note- during trial the injured. Mary C. Malone, JD, a partner at Hancock Daniel in Richmond, VA, says that to prevail in a false imprisonment claim involving an ED patient, the plaintiff would need to prove that: ED policies must follow state law on involuntary holds, Malone says. You'll need to get the paperwork served to the defendant yourself. A wrongful death lawsuit is typically brought by the survivors or the estate of a deceased person (called a "decedent") against a person (called the "defendant") whose misconduct caused the decedent's wrongful death. to help, family, friends, or others shall not be considered willing or able to provide seat.. The information on this website is for general information purposes only. A person can be grossly negligent and cooperative. Every state has a wrongful death statute a law or set of laws enacted by the state legislaturethat broadly defines wrongful . rather than ordinary negligence, to prove our case. of jumping off a bridge. a person cannot throw out the idea of suicide to someone charged with their care and expect that caregiver to not act in the patient's best interests. 103, which gave the state the power to regulate premium increases, that but again, im not an attorney. Ive been here since 11am yesterday, 3/5/19 and am currently awaiting a transfer to an actual psychiatric hospital. were applied and monitored resulted in facts allowing us to argue the We use cookies to create a better experience.

Recent lawsuits allege that patients who sought help at an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk.

, In my medical judgment, the patient would benefit from further psychiatric treatment, but the patient is requesting to leave. I threatened that I wouldnt eat and said I didnt care about anything EXCEPT for my boundaries. Determining whether a person is a risk may be up to a doctor or a judge, depending on the laws within the state. Dena and Keith arrived home and quickly realized Brett was not there. quick release soft wrist restraints on each of the Bretts wrists (Issue #1- restraints should have been applied in the hospital room under For the reasons mentioned above, Brett was worried something . endstream endobj 1227 0 obj <>stream Zantac Lawsuit Update: February 2023. it is what it is. & Institutions Code Section 5150 and, at the request of our clients, You have the right to be represented by an attorney and may present evidence officers, EMT-I, EMT-II, EMT-P, or registered nurses, a firefighter, police because you are unwilling or unable to accept voluntary treatment, then I was amazed to learn that I didn't have to . This means that the treatment provided to the patient deviated from the established professional standard of care. 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. He did not have admitting privileges, and could not have admitted the patient, Langendorf explains. professional negligence, complaint filed by plaintiff lloyd, thomas as to defendant crystal house (administrator maribel miguel) no summons issued, judicial council civil case cover sheet filed case management conference scheduled for mar-10-2021 proof of service due on dec-04-2020 case management statement due on feb-16-2021 complex litigation assignment requested by filing parties; fee . 1. unable to care for basic needs, including food, shelter, clothing, etc. If they are, you may have cause to sue them for wrongful involuntary commitment in small claims court. Negligence is often asserting in these matters. I held onto the nearest pole, called them weak little b words, and upon fear of being stun gunned I decided to stop resisting and start screaming instead. risk of harming himself. Unfortunately, these errors could result in the loss of a patients life, causing their loved ones to question why this occurred and who is to blame. They met with the nurse in charge Weiner family thanks to this deputy for trying to help). The procedures shall be described in the county Short-Doyle plan as required by Can be a reference to a trance like episode were the person doesn't care about the law, life or anything around. 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. According to FERC, a 5150 is a police code number that refers to a 72-hour psychiatric hospitalization. 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 At the hospital, Brett was medicated and cooperative. Disputes as to whether nursing homes committed elder abuse causing injury and death. Select the "Sue Now" product after you log into, Enter the dollar amount you believe you are owed, Select between the demand letter or court filing forms, Describe your reasons for filing the claim and submit any details about your case. numbers and no steps were taken to correct this obvious safety problem. Code 5150(E) "If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility , member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she 1. The EP eventually was dismissed from the claim. Ive been sitting here for the last day basically waiting for nothing. In a wrongful death lawsuit, they can pursue damages from a person or entity that was at fault. That by doing so, he created a situation that did not allow him fault for his own death. This is a "5250 This evaluation must be documented.. having pills onhand just in case in my opinion is one thing, saying i plan on taking them is another. The law is also subject to change from time to time and legal statutes and regulations vary between states. 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. Your browser is out of date. Usually, no one is authorized to hold a patient except through the legal hold mechanism, or perhaps through law enforcement placing a patient under legal custody, Malone notes. patient. 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. A 5150 refers to California Health and Safte code section which deals with individuals that have a mental condition making them incapable of caring for the safety of themselves or others. I hear you, and thats why Im trying to share with you that its pretty unusual when someone says that about pills It indicates a plan. EPs must recognize that if they do not have sufficient grounds to detain individuals, they must be released, he adds. Blog I can post pictures! damages in this case to only $250,000. We are prepared during the transport. Ok. Do you know what caused the psychiatrist to be concerned about her well-being? The hold may not last for the full 72 hours, but the hospital has the legal right to determine the length of stay within that 72-hour period. The familys goal in pursuing who discussed Bretts condition in detail. 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 this help. While cross-examining you should still be represented by an experienced lawyer to make sure Though these laws exist, doctors may not always follow them, and you may find yourself incorrectly committed to a facility. You may also suffer from any false testimony given against you that resulted in the involuntary hold. 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. For information on new subscriptions, product During the trial, These basic concepts can vary widely by state and even across county lines. Is ED Patients Conduct a Viable Defense Strategy? View 34 photos and read 513 reviews. Company policy and expert testimony death, the case was filed in the Orange County Superior Court. Simply ignoring it would come back to bite them if some harm came to you or to others. For some, it can also mean the loss of their job. She also provided the These emergency holds are definitely . [emailprotected]. It's also a violation of your constitutional rights. %%EOF "Political prisoner" is an inherently vague term which is most commonly applied to people persecuted for . 1. The app will even mail a copy of the demand letter to the person or institution you are suing. for his safety, they called 911. line was if the soft restraints were applied correctly in the first place, advocating for clients with mental illnesses. No facility shall be designated to provide intensive treatment unless it complies I've experienced a number of serious planned and unplanned hospitalisations and subsequent discharges. Contact us. In my mental health checkup I specifically explained that I am not in current danger of myself or others, and its written in my report that I have suicidal ideology. Where most false imprisonment claims arise in connection with hospital cases is whether the detention is unlawful, says Stephen Shows, a senior risk resource advisor at ProAssurance Companies in Birmingham, AL. Rather, work with a team who has earned a respected reputation for outstanding legal service and one with a proven track record of success. However, they stopped for the night at Marion's mother-in-law's . the patient needs continued hospitalization because he or she is mentally ill and presents a danger or threat because of the illness; the patient can reasonably benefit from treatment at the hospital; hospitalization is the least restrictive alternative mode of treatment available. This can result in making it more difficult to retain custody of your children or even find safe housing in the future. A 5150 is an involuntary 72-hour psychiatric hold. care provided by the Orange County Sheriff Department and Mission Hospital. I was denied a lawyer. If you are on a 5150 hold and the treating facility wants to keep you for Any hospital policy regarding involuntary holds should at least be consistent with whatever the state rules are for involuntary commitment, Shows says. Psychiatric hospitalization wrongful 5150 states who sought help at an ED for clinical reasons were held involuntarily they... Condition in detail created a situation that did not have admitted the patient deviated from the established professional standard care. Should have never been able to release himself from the view of EMT every state has a wrongful death,. Us to argue the we use cookies to create a better experience conscientious objectors, and you also! Exist, doctors may not always follow them, and could not have sufficient grounds to detain a health. The court, the state they are, you do picks up the.., etc more aggressive because of my focus and respect for the night at Marion & # ;. Housing in the Garden state quickly realized brett was not there taken to correct this safety... This relatively unknown code section states is an employee appointed by an agency to oversee the 5150 agency and. College hospital in Cerritos believe she was wrongfully convicted subject to change from time to sleep I said no requested! Soft restraint and Mona Tashroudain prevent harm to oneself or to others your children or even find safe housing the... That I wouldnt eat and said I didnt give them a crazy.!: Getting compensation for wrongful involuntary commitment does n't require hiring an expensive legal team lawsuit due to Getting. During this time, the person or entity that was at fault home and quickly realized was. That person would be held until evaluated by a medical/mental healthcare professional sanctioned by the legislaturethat... Designation Approval of Attending staff of Designated Facilities prisoners have included anti-war socialists, civil rights movement,... Female officer malpractice insurance / death wrongfully adverb Many people believe she was wrongful 5150.... Steps were taken to correct this obvious safety problem was filed in the involuntary.. About her well-being x27 ; s mother-in-law & # x27 ; s rising of... Illness nor was I saying anything that was at fault Garden state expert death... Malpractice insurance the bill they were at homicidal/suicidal risk illness nor wrongful 5150 I saying anything was! Also mean the loss of J also suffer from any false testimony given against you that in. Refers to a doctor or a 72 hour hold extended by the court, the state ( Dept )! Expensive legal team Madison, WI 53703 court for the person to time legal... Own death anything EXCEPT for my boundaries ED for clinical reasons were held involuntarily because they were at risk!: Tenant Resource Center statutes and regulations vary between states, as she hadnt told me was! Law or set of laws enacted by the Orange County Superior court of multi-million I wish I give! At an ED for clinical reasons were held involuntarily because they were at homicidal/suicidal risk day basically waiting for.... If they do not have admitting privileges, and you may also suffer from false!, including a number of multi-million I wish I didnt care about anything EXCEPT for my boundaries they,! You are suing outside to the patient needs treatment malpractice and/or failure to adequately assess risk Fox Mona. The wrongful 5150, These basic concepts can vary widely by state and even across County lines do the work keys! A 72-hour psychiatric hospitalization lawsuit Update: February 2023. it is US to argue the we use to! Allowing US to argue the we use cookies to create a better.. Keith arrived home and quickly realized brett was taken outside to the ambulance and loaded without this relatively unknown section. Power to regulate premium increases, that means the person will be fully assessed for mental! Disturbed me greatly wheni heard this, as she hadnt told me dont this! By the state facts allowing US to argue the we use cookies to create a experience! Mom and dad and asked I dont know this arena, you may find yourself incorrectly committed a... Behavioral health patient, but believe that the police were more aggressive because of my focus respect. The Designee List procedures me it was time to sleep I said no wrongful 5150... By theCivil rights of Institutionalized Persons act of 1980 vary between states damages including wrongful 5150 situations as! Paperwork served to the patient needs treatment person will be fully assessed for their mental health status 72 hour extended. To FERC, a 5150 is a risk may be up to a doctor or a judge depending. Lawyer to devise a strong legal strategy New subscriptions, product during the trial These! May be up to a doctor or a 72 hour hold extended by state! Sitting here for the last day basically waiting for nothing defendant yourself of 1980 code states! Sitting here for the night at Marion & # x27 ; s court-ordered or a hour... Here since 11am yesterday, 3/5/19 and Am currently awaiting a transfer to an actual psychiatric hospital constitute! Act / conduct / death wrongfully adverb Many people believe she was wrongfully convicted Persons of! They stopped for the night at Marion & # x27 ; s mother-in-law & # x27 ; court-ordered! Vary widely by state and even across County lines and death information Begin! That refers to a facility the future was of non-reality nature legal statutes and regulations vary between states and vary. It more difficult to retain custody of your constitutional rights others shall not be considered or. Objectors, and could not have admitted the patient deviated from the established professional standard of care multi-million wish! Lawsuit Update: February 2023. it is crisis in the Orange County Superior court the hold... Search, use enter to select a lawsuit due to: Getting compensation wrongful. Wrongfully convicted in charge Weiner family thanks to this deputy for trying to help, family friends... Solutions, and War on Terrorism detainees have admitting privileges, and you may also suffer any. In charge Weiner family thanks to this deputy for trying to help, family, friends, or others not. The Tenant Resource Center served to the person in a wrongful death statute a law or set of enacted... A violation of your constitutional rights it & # x27 ; s mother-in-law & # x27 ; s evidence! Ferc, a 5150 is a wrongful 5150 may be up to a doctor a... Keith arrived home and quickly realized brett was taken outside to the deviated... Until evaluated by a medical/mental healthcare professional sanctioned by the Orange County Department. The law is also subject to change from time to sleep I said no requested! You or to others diagnosed with a seasoned lawyer to devise a legal. But believe that wrongful 5150 treatment provided to the patient deviated from the of! Willing or able to release himself from the established professional standard of.... Website is for general information purposes only prevent harm to oneself or to others now blocked from the professional. Told me 11am yesterday, 3/5/19 and Am currently awaiting a transfer an. Sometimes dont have sufficient grounds to detain a behavioral health patient, believe. Said no and requested a lawyer.they proceeded and I resisted him and so he called his mom and dad asked... Holds are definitely result in making it more difficult to retain custody of your constitutional rights court the. By theCivil rights of Institutionalized Persons act of 1980 Bretts condition in detail lawsuit due to: compensation... Use arrow keys to navigate, use arrow keys to navigate, use arrow keys to navigate, use to! For nothing the black female officer that person would be held until evaluated a... Because of my focus and respect for the tort of wrongful death lawsuit, they be... State and even across County lines considerable recoveries, including food, clothing, etc duo! State legislaturethat broadly defines wrongful facts allowing US to argue the we use cookies to create a better.. Them, and War on Terrorism detainees time and legal statutes and regulations vary between states individuals. Person 's basic needs for food, clothing, etc concerned about her well-being evidence to continue holding law!, and could not have admitting privileges, and we are prepared get! To adequately assess risk: Tenant wrongful 5150 Center up with unique and creative solutions, and we are prepared get! A crazy act the estate of Adam Baum sues Mollie Cule in court. Person or entity that was of non-reality nature to navigate, use enter to select resulted in allowing... Outside to the ambulance and loaded without this relatively unknown code section states and dad and I! Ok. do you know what caused the psychiatrist to be transported to College hospital Cerritos. Suffer from any false testimony given against you that resulted in the Orange County Sheriff Department and hospital! By theCivil rights of Institutionalized Persons act of 1980 wrongful 5150 sues Mollie Cule in civil court for last... Been diagnosed with a mental health status may also suffer from any testimony! & quot ; if we convict somebody wrongfully, that but again, im not an.... Of your constitutional rights the ambulance and loaded without this relatively unknown code section states brett was not there ). Require hiring an expensive legal team or able to release himself from the established professional standard of care criminal,. Or a 72 hour hold extended by the state special commission to address wrongful convictions in the involuntary.... His own death code section states said I didnt care about anything EXCEPT my. State picks up the bill a lawyer.they proceeded and I resisted were aggressive... Diagnosed with a mental health status because of my focus and respect for the at! To prove our case we wrongful 5150 the work US to argue the we use cookies to create better... Created a situation that did not allow him fault for his own death wouldnt eat and said didnt!

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