Boston Personal Injury Attorney Blog

October 20, 2012

Choking: A Serious Risk for Infants, Elderly Residents

Did you know that choking and suffocation are the 3rd leading cause of at-home and community fatalities in the country. In most of these cases, foods are the culprit.

But when we’re talking about young children, small toys, marbles, nuts and even coins can get caught in their throats. Choking can cause a simple coughing fit, but can also turn into something more serious — like a complete blockage of the child’s airway. In many of these more serious cases, death results, according to the National Safety Council (NSC).

Our Boston personal injury attorneys understand that choking can happen to people of any age, but children who are under 3-years-old are the most vulnerable. Also, older adults face an increased risk of choking on food.

For kids who are younger than 1, everything goes in their mouths. They stick food, household items and anything else they can get their hands on into their little chompers. It’s important for parents to not only keep these small items away from their kids, but to always become familiar with the signs of a choking child.

Signs of a Choking Child:

-Unable to make sounds, like crying.

-Letting out a soft cry, a weak cough or both at the same time.

-Having a tough time breathing.

-Turning blue in the skin.

-Losing consciousness.

-High-pitched or soft sounds while trying to inhale.

Preventing Choking:

-Always keep small objects out of reach of infants and other small children.

-While a child is eating, make sure that they’re sitting. Never allow them to move or run around.

-Always cut up their food into bite size pieces.

-Only give them a tiny amount of food at a time.

-Never give a child any hard candy.

Choking is the third leading cause of at-home injury for residents over the age of 76. These risks peak when they turn 85 and it becomes the second leading cause. Failing to thoroughly chew food is the number one cause of these accidents, but consuming alcohol, chowing down too fast and health conditions also increase the risks.

Signs of a Choking Adult:

-Gagging or coughing.

-Pointing to or clutching the throat.

-Suddenly being unable to talk.

-Wheezing.

-Losing consciousness or passing out.

-Turning blue of the nails, lips or skin.

If you see someone choking, your best bet is to call 9-1-1 right away. If you’re familiar with how to complete abdominal thrusts to clear the victim’s airway then do so. If you have young children in your household, you’re urged to get certified in CPR and other lifesaving techniques.

If you are choking and you’re home alone, even if you can’t speak, call 9-1-1. Emergency responders will still handle a phone call even if there are no details given. You can attempt to clear your airway yourself by thrusting your mid abdomen on something firm, like a chair or a table or even a railing.

If you are able to clear the airway, it’s important for you to seek medical attention anyways. There could have been damage done to your airway and you may face increased risks for an future choking incidents.
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October 18, 2012

Rollover Car Accident in Plymouth Seriously Injures Driver

by Jeffrey S. Glassman

Massachusetts State Police were forced to close down Route 3 in Plymouth between Exits 5 and 6 because of a rollover car accident.

According to Wicked Local, drivers were backed up way past Exit 5 and were forced to sit in near stand-still traffic on Route 3A as the detour was also backed up.

The car crash happened at a portion of the road identified as part of a repaving project in the area. According to Capt. John Rogers with Plymouth Police, only one vehicle was involved in this accident. The female driver was taken to Jordan Hospital and then was taken via Medflighted to Boston.

Our Plymouth car accident lawyers understand that some vehicles are more prone to rollover accidents than others. Still, everyone’s at risk. According to the National Highway Traffic Safety Administration (NHTSA), there are close to 300,000 rollover accidents that claim about 10,000 lives each and every year. In 2003 in particular, more than 35 percent of deadly SUV accidents were the rollover accidents. Sport utility vehicles (SUV) have the highest rates for rollover accidents than any other kind of vehicle. Most commonly, the cause of these accidents is the fact that SUVs are more likely to carry heavy leads. This means that they’re more likely to topple over.

Most of these accidents are directly related not only to the load carried on a vehicle, but the vehicle’s stability when it turns. This is related to the vehicle’s center of gravity and the track width, meaning the distance between the wheels from left to right (not front and back). When a vehicle has a high center of gravity and it has a narrow track, taking fast turns greatly increases the risks for a rollover. This problem is most common on vehicles that are 4-wheel-drive. These cars have a higher ground clearance for off-road driving.

There are ways that you can reduce your risks for a rollover accident though. According to the NHTSA, these are 5 tips (listed below) that all drivers should follow.

Rollover Safety Tips:

-Avoid conditions that increase your risks for a rollover accident, including driving under the influence, speeding, driving while drowsy, driving through inclement weather and driving erratically.

-Be cautious when driving along rural roads.

-Avoid erratic steering. If you lose control of your vehicle and slide off of the road, you want to calmly steer back onto the street. Jerking the wheel into one direction only increases your risks for a rollover.

-Make sure that your tires are always in good working condition. Make sure they’re never too worn and that the tire pressure is always accurate. When your tires are worn, they’re more likely to lose traction with the pavement and cause a rollover accident.

-Make sure you’re not overloading your car. Your vehicle’s manual should have a weight limit listed inside. When loading your vehicle with additional weight, make sure that you’re driving slower and more cautiously.
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October 16, 2012

NECC Meningitis Outbreak: Two More Drugs Linked to Crisis

by Jeffrey S. Glassman

The meningitis outbreak connected to a New England compounding facility quickly escalated over the weekend and has now sickened more than 200 and claimed 15 lives. NBC News is now reporting that two more drugs are being linked to the fungal meningitis outbreak being blamed on contaminated back pain injections.

Both those drugs also came from the New England Compounding Center, according to a statement from the Food & Drug Administration. One is a steroid called triamcinolone acetonide and another is a product used during heart surgery.

Boston Personal Injury Attorney Jeffrey S. Glassman notes the New England pharmacy has now issued a recall of its entire product line — a PDF on the FDA website that scrolls on for pages.

“Triamcinolone acetonide is a type of steroid injectable product made by NECC. The cases of meningitis identified to date have been associated with methylprednisolone acetate, another similar steroid injectable product,” The FDA said in a statement.

Previously, three batches of methylprednisolone were recalled. The steroid is injected into the back to treat pain. Authorities remain concerned about the crisis’ continuing escalation because the initial recall impacted as many as 14,000 patients and victims are not being diagnosed until about three weeks after injection.

Back injections may also be a particularly effective way of transmitting fungal meningitis, which attacks the membrane around the spine and brain. Meningitis is a life-threatening health emergency with symptoms at onset similar to those of the flu, including headache and nausea. A number of patients have suffered strokes.

The FDA is reiterating its warning: All products distributed to medical professionals by NECC should be retained, secured and withheld from use.

It’s not the first time the the compounding facility has run afoul of regulators. In 2006, it was warned that is was going far beyond its licensing authority in compounding and packaging drugs. Unfortunately, these facilities, which mix custom drugs from FDA-approved compounds, are not subject to federal oversight. Such oversight is left to the states — Congressional gridlock has failed to tackle the issue in recent years.

“FDA is particularly concerned about the manipulation of sterile products when a sterile container is opened or otherwise entered to conduct manipulations,” the agency said in its 2006 warning letter to NECC.
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October 14, 2012

MBTA Safety: Fare Jumpers Target of Enforcement Effort

by Jeffrey S. Glassman

Officials with the Massachusetts Bay Transportation Authority (MBTA) report that there were close to 4,000 citations issued so far this year to people who evaded paying their fare.

This is up close to 60 percent from this same time last year, when only 2,270 citations were issued, according to the Boston Globe.

Chief Joseph O’Connor, Superintendent with the MBTA Transit Police, says that officers are cracking down on these fare evaders because that’s what the public wants. The MBTA is already short on funds. What they do make they make on fares. These funds help to support the system and help to make it safer for you and other riders.

“Policing at our point of entry is a good law enforcement strategy and it has had positive effects on preventing crimes on our system,” O’Connor said.

Our Boston MBTA accident attorneys understand that there was a fare evasion law that went into effect back in 2007. Earlier this year, the penalties for not paying went from a $15 fine to a $50 fine. Officials think that the fines will not only act as a deterrent but also may help to make up for some of the money that’s being lost, too! According to studies, those who are busted and cited typically do not re-offend. The high visibility of enforcement officers helps to keep people from offending. We just need the man power on site.

What is also common among those who evade the fare is that they are commonly wanted on warrants for other crimes that they’ve already committed in the area.

The recent announcement of the increased patrol against these individuals comes the same day that two different men were cuffed for not paying their fares. Both of them happened at the Quincy Center Station’s Red Line. Both of the men who were arrested were already wanted on drug charges.

The first guy tried to get away without paying by following a paying customer closely through the gates. He was also arrested back in August and accused of distributing marijuana at that same station. He posted bail, but never made it to court.

Just an hour later, another local man did the same thing and tried to follow a paying customer closely through the gates. Officers issued him a citation then discovered that he was already wanted on three warrants and was wanted for various drug charges.

You’re urged to submit a report, which can be done anonymously, if you see any suspicious activity throughout the MBTA’s services.

Safety should be the number one concern of everyone while using the MBTA. Smooth-running transit helps to decrease travel time, better fund the program and increase rider safety.
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October 12, 2012

Swim Classes for Children Drastically Reduce Massachusetts Drowning Risks

by Jeffrey S. Glassman

The Mayor of Boston, Thomas M. Menino, and Boston’s Chief of Human Services and Executive Director of Boston Centers for Youth & Families (BCYF), Daphne Griffing, recently announced that the West Roxbury Educational Complex Pool will be putting on the Flaherty Pool programs.

They’re taking over these programs because the Flaherty pool will be temporarily closed for renovations.

Starting in the middle of November, the Flaherty Pool will be undergoing close to $6 million in renovations. These renovations include better interior spaces, upgraded locker rooms, more powerful mechanical systems and a prettier exterior. During these renovations, pool memberships will be honored at any of the 14 pools in the area. Make sure you check out the event schedule for the West Roxbury Education Complex Pool.

Our Boston swimming pool accident attorneys encourage parents to enroll children in water safety classes. Drowning is a leading cause of fatal child injury and near-drowning cases frequently result in lifelong impairment. Residents and visitors to the area are urged to swim responsibly and safely, whether it’s in a public pool or in a residential pool. According to the Centers for Disease Control and Prevention (CDC), there are about 10 people in the U.S. who die every day because of drowning incidents. Of these fatalities, two are kids under the age of 14. As a matter of fact, drowning ranks as the fifth leading cause of unintentional injury death in the country.

From 2005 to 2009, there were close to 4,000 people who were killed in non-boating drowning accidents in the U.S. Another 350 people die in boating-related drowning accidents. Twenty percent of these drowning victims are kids under the age of 14. For each child who dies in these accidents, another five end up in an emergency room with serious injuries.

More than half of the victims in drowning accidents end up in an emergency room and they require either a transfer for more care or further hospitalization. These drowning accidents can cause some serious and permanent injuries, including brain damage, memory problems, and permanent learning disabilities.

There are specific factors that can increase the risk of a drowning accident, too. Make sure to avoid these factors. It’s important that everyone knows how to swim. Formal swimming lessons, especially for young children, can drastically reduce your risks for a drowning accident. Pools that don’t have barriers have high risks of drowning accidents, too. All pools should be lined with fencing to help to keep kids out. These fences help to reduce risks by close to 85 percent.

You also want to make sure that you never drink and swim. Alcohol not only impairs your judgment behind the wheel, but also in the water. Keep a phone nearby as well in case of an emergency.

When there’s no supervision accidents easily happen, too. Make sure that young children are always supervised in a pool. Share this info with friends and family members to help to ensure that everyone is safe in the pool.
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October 11, 2012

Framingham Lab’s Steroid Shots Linked to Fungal Meningitis Outbreak

by Jeffrey S. Glassman

Steroid injections used to treat back pain have now been linked to the a fungal meningitis outbreak that has claimed at least five lives. Other patients have suffered strokes believed to be the result of infection.

Massachusetts Personal Injury Attorney Jeffrey S. Glassman urges patients taking steroid injections for back pain seek independent medical evaluation if concerned. Certainly anyone experiencing flu-like symptoms should take the matter very seriously.

Meningitis-related deaths have been linked to injectable steroids distributed by the New England Compounding Center — a compounding pharmacy based in Framingham. Confirmation came as an unopened vial from the facility tested positive for the bacteria. As ABC News reports, there is increasing health and safety concerns about such drug compounding facilities, which operate with little federal oversight.

Roughly 7,500 such pharmacies specialize in concocting custom medicines. While FDA-approved ingredients are used in the compounded products, the final product does not receive such federal oversight.

“Obviously something egregious must have been going on at the New England Compounding Center,” said Dr. William Schaffner, president of the National Foundation for Infectious Diseases and chairman of preventive medicine at Vanderbilt University Medical Center in Nashville, Tenn. “The breaches in good manufacturing practice and infection control must have been substantial in order for something like that to occur.”

Because of the nature of meningitis, which infects the membranes around the brain and spinal cord, injections for back pain may be a particularly effective way to transmit life-threatening infections. The National Institutes of Health reports infections are extremely serious and may result in death or brain damage — even with the proper medical treatment.

Acute bacterial meningitis is a medical emergency that requires immediate hospital treatment.

Symptoms of meningitis include:

-Chills or fever
-Nausea

-Headaches and stiff neck
-Changes in mental status, agitation, decreased consciousness

-Poor eating
-Rapid breathing, fast heart beat

Jeffrey Glassman Injury Lawyers is aware that dozens of these cases have been reported in the last 30 days. Patients who have contracted fungel meingitis from the use of methylprednisolone acetate, a corticosteroid that is injected into the spine, have been reported in at least 6 states. Health officials continue to be concerned about more cases spreading throughout the country.

The Framiningham lab is a compounding facility, which prepares and mixes drugs and solutions. Early reports suggest the company had been previously warned by the Food & Drug Administration about practices that increased the risk of drug contamination. The FDA reports fungal contamination was found in a sealed vial of methylprednisolone acetate collected from NECC and that the firm has voluntarily ceased all operations and surrendered its license to the Massachusetts Board of Registration in Pharmacy at the beginning of this month. The product is also being voluntarily recalled.

Anyone who has purchased a product from NECC is advised not to use it. For more information, visit the Centers for Disease Control and Prevention’s website.

The first case was reported Sept. 21 by the Tennessee Health Department, after a patient began experiencing symptoms of infection 19 days after injection. At least 42 cases have already been reported in six states, including Florida, Indiana, Tennessee, Maryland, North Carolina and Virginia.

The New England Compounding Center located in Framingham voluntarily recalled the following lots of methylprednisolone acetate (PF) 80mg/ml:

Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #05212012@68, BUD 11/17/2012 Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #06292012@26, BUD 12/26/2012 Methylprednisolone Acetate (PF) 80 mg/ml Injection, Lot #08102012@51, BUD 2/6/2013
The facility has recalled nearly 18,000 vials. Thus far, 75 clinics in 23 states have received the recalled vials and have been told to begin notifying affected patients.
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October 10, 2012

MBTA Accident Risks Increase with Ridership

by Jeffrey S. Glassman

MBTA ridership increased again!

According to the Commonwealth Conversation‘s Transportation page, the Massachusetts Bay Transportation Administration’s (MBTA) new cars on the Blue Line at Maverick saw increased ridership this August, compared to last year.

Transportation officials report a more than 1 percent increase, meaning there was an average of close to 1.3 million passenger trips taken every weekday. We’ve seen year-to-year increases in 18 out of the last 19 months.

Our Boston MBTA accident lawyers understand that the Blue Line wasn’t the only system to see an increase during this time period. Ridership on the subway also increased, by more than 2.5 percent. The Trolley-Green Line also saw a weekday average ridership increase by about 1.5 percent. The Commuter Rail was up by close to 1.5 percent as well.

Bus ridership dropped by more than .5 percent. With ridership increases, residents and visitors are warned. With more congestion, we face higher risks for accidents. Be calm and be safe out there to help to reduce these risks. Keep safety as a number one priority.

“The robust demand for public transit is a clear sign that we need to maintain a strong transportation system in the Commonwealth,” said Richard A. Davey, MassDOT Secretary & CEO.

Officials with the MBTA are ready to take it to the next level, too! Recently officials kicked off a number of statewide public hearings to help to bring residents, community leaders and business owners on board with a plan for the advancement of the transportation system through the Commonwealth area.

Back in August, legislation was passed that required the Massachusetts Department of Transportation (MassDOT) to hold a minimum of six public meetings before deciding whether to create a long-term financing plan for the Massachusetts’ transportation system. To help to make sure that everyone in the Commonwealth area is represented, officials with MassDOT have decided to hold 15 different meetings.

At these meetings, reps for each of MassDOT’s divisions (MBTA/Rail and Transit, Aeronautics, Highway, RMV) will be on site to answer question and provide any additional information to attendees.

Before, agencies worked alone to finalize these decisions. Now, under the Act Modernizing the Transportation Systems of the Commonwealth, agencies are working with one another to find new and better ways to get residents and visitors from point A to point B. In addition, MassDOT has implemented more than 90% of the recommendations issued in 2007 by the Transportation Finance Commission.

With ridership increasing and construction taking place, our risks for an accident increase significantly. It’s important to keep safety as a number one priority while riding any of the MBTA’s forms of transportation. Keep an eye on your surroundings and remember to be a courteous travelers. Awareness can be your best defense against a serious accident or injury on the MBTA.
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October 10, 2012

Defective Products Endangering Your Household

by Jeffrey S. Glassman

Chances are that there are some products in your home that can cause serious injury to you and your family. Chances are also that dangerous products like these are listed on the U.S. Consumer Product Safety Commission‘s (CPSC) website.

defective products injuries also commonly impact children. You ca’t deal with defective products or reduce your risks if you don’t know about them. That’s why we’re asking families to check out the CPSC’s recall site and to check it often. We’re here to get you started and to give you some information on some of the latest recalls.

42-inch LED-TVs Recalled by Haier America:

There have been roughly 5,000 of the Haier® 42-inch LED TVS recalled by Haier America Trading L.L.C., of New York, N.Y. because the neck of the stand for the TV support can snap and can cause the TV to come toppling over. This poses a serious risk of injury to your household. There have been close to 200 reports of these incidents. If your TV has the model number LE42B1380 on it, then we’re talking to you. If you have this television, you should contact Haier America for a free replacement stand neck. Call the company at (877) 813-8516.

Off-Road Utility Vehicles Recalled by Kubota:

There have been close to 1,000 Off-road Utility Vehicles recalled by Kubota Manufacturing of America Corporation, of Gainesville, Ga. because there are some serious risks for carbon monoxide poisoning. What can happen is that the carbon monoxide can accumulate in the vehicle cab when the engine is idling and the vehicle isn’t moving. The vehicle involved in the recall is the Kubota RTV500 with cab. The model number is “RTV500.” If you have one of these vehicles, you’re urged to contact the company at (800) 752-0290 to schedule a free repair of the recalled vehicle.

Early Model Suspension Trainer Devices Recalled by Fitness Anywhere:

There are close to 50,000 Suspension Trainer Devices that have been recalled by Fitness Anywhere LLC, of San Francisco, Calif. What can happen is the strap length-adjustment buckles can break and can pose a serious fall hazard to users. There have already been more than 550 reports of the buckles breaking. More than 80 users have fallen and close to 15 have sustained injuries to the shoulder, face, head and/or hip. Falling under the recall are the “Professional” (P1) and “Tactical” (T1) TRX Suspension Trainer devices. If you have one of these devices, you’re urged to stop using it immediately and contact the company at (888)-221-7417 to arrange to return the recalled product for a replacement TRX Suspension Trainer device.
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October 8, 2012

International Walk to School Day & Boston’s Safe Routes to School

by Jeffrey S. Glassman

As we recently reported on our Boston Personal Injury Attorney Blog, the state of Massachusetts has celebrated its 500th Safe Routes School Partner. This means that the 500th school has joined the program to help to get kids to and from school safely while promoting a healthy and active lifestyle.

Recently, to celebrate the new participation, officials with the Massachusetts Department of Transportation (MassDOT) and the Registrar of Motor Vehicles teamed up with these teachers, students and parents to celebrate the program through International Walk to School Day.

Our Boston pedestrian injury attorneys understand that our young ones are the most vulnerable when it comes to pedestrian accidents. According to SafeKids USA, there were close to 250 kids who were under the age of 14 who were killed in pedestrian-traffic accidents in the United States in 2009. During this same time, there were close to 16,000 of these young pedestrians who were injured in traffic accidents. Parents, guardians and teachers need to step in and speak up about the importance of safe walking habits to help to keep our young ones safe. Drivers also need to take some responsibility in the matter and make sure that they keep a heads up for pedestrians, especially young ones, along our roadways.

“The Safe Routes to School program focuses on promoting healthy and sustainable transportation modes for students and their families,” said Registrar Kaprielian.

During the most recent celebration of the program, there were about 300 students from Waltham’s Northeast Elementary in Woburn who made the journey around the Common. This was the school that marked the 500th participant. All of the participants were between the ages of 7 and 12. Joining in on the action were students from Reading’s Parker Middle School, Whittier Schools, Everett’s Keverian, Somerville’s Kennedy School, Holmes Elementary, Russell Elementary and Malden’s Forestdale School.

Currently, officials with MassDOT are partnered up with more than 500 middle and elementary schools in the area with close to 250,000 students in more than 150 communities across the Commonwealth to help to promote safe child pedestrians and to enforce the Safe Routes to School program.

More than 40 countries were expected to participate in this year’s International Walk to School Day.

On average, there is a pedestrian-traffic accident fatality every 2 hours. A pedestrian is injured every 4 minutes. As a matter of fact, pedestrians are about 2 times more likely than passenger vehicle occupants to be killed in a car crash. Children are at the highest risks. In 2008, one in every five kids between the ages of 5 and 9 who were killed in traffic crashes was a pedestrian.

Parents are urged to make sure that children are never walking near vehicular traffic unsupervised. When your child is old enough to walk without you, make sure they never walk alone.
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October 7, 2012

Boston Dog Bites & Choosing a New Dog for the Home

by Jeffrey S. Glassman

You might think that dog is man’s best friend, but we all have our days — even dogs.

According to the Centers for Disease Control and Prevention (CDC), there are more than 4.5 million people who are bitten by a dog each year in the United States. Close to 1 million of these incidents require medical attention and about half of those happen to children. Of those who seek medical treatment, close to 400,000 visit the emergency room. To make matters even worse, more than 15 people die from dog bite injuries every year!

There are certain laws in the state of Massachusetts that you have to follow if you’re planning on getting certain types of dogs. Our Quincy personal injury attorneys are here to make sure you have all of the proper information before bringing Sparky home.

According to the City of Boston’s Dog License Fees & Application page, you’re going to have to follow some special requirements if you’re planning on getting a pit bull or any kind of put bull mix. You’re going to have to dish out $50 for starters. You’re also going to have to:

-Make sure that you can provide proof of ownership on your home or a letter from your property manager or landlord that says that you are allowed to have this kind of dog in the home.

-Submit a picture of your dog that was taken no longer than a month prior.

-Submit a picture of the owner of the dog that was taken no longer than a month prior.

-Submit proof that the dog has completed rabies vaccinations.

-Submit proof that the dog has been spayed or neutered.

You’re not off of the hook if you’re getting another breed of dog. All other owners are required to dish out a $17 application fee and the following:

-Submit proof that the dog has completed rabies vaccinations.

-Submit proof that the dog has been spayed or neutered.

If you’re not sure where to license your dog, we’re going to tell you. You can visit the Animal Control Office at City Hall or the shelter in Roslindale.

When bringing a new dog into your home, you want to make sure that the transition is smooth for everyone, including the dog. Spend some time with it before you decide to adopt it.

Never leave small children along with a dog. You might also want to consult with a professional before choosing a breed to make sure that the dog you choose will mesh well with the members of your family. Teach your dog submissive behaviors, like having them roll over to face their belly upward.

It’s also important that you’re sensitive to cues that your kid is fearful or apprehensive about your new dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
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