the asahi shimbun is widely regarded for its journalism as the most respected daily newspaper in japan. 66398 Decided: October 26, 2017 BEFORE PICKERING, HARDESTY and PARRAGUIRRE, JJ. Off camera, Vice said, the tech smashed his head into the dresser and then picked up his right foot, the one that was in a cast, and slammed it down to the ground. But in 2015, Kingwood Pines was cited for patient safety and patient rights violations. 7 October 2020: A registered nurse who formerly worked at Cumberland hospital called for the facility to be shut down, after she said she witnessed child abuse at the facility, according to WTVR-CBS 6. My soul will not allow me to continue employment within a facility where children are knowingly abused without appropriate action being taken reads the resignation letter the nurse sent to the hospital's CEO. (Katelyn Newberg/ Las Vegas Review-Journal), A nice sign: Big Rockies snowpack may boost Lake Mead, Vince Neils former Home Sweet Home in Las Vegas for sale, School Board approves rezoning for 12 campuses, 5 new and upcoming Las Vegas Valley restaurants, Marcel Reece, other executives no longer with Raiders, Argument at Spring Valley park leads to fatal stabbing, Police say suspect in downtown Las Vegas killing had stolen car, Man, 35, found shot dead on bedroom floor in The Lakes, Coroner identifies teen killed outside house party, Woman fatally shot inside her apartment, boyfriend detained by police, Las Vegas man receives life sentence for killing 13-year-old son. The girl spent 10 days at the Montevista psychiatric hospital. District Judge Michelle Leavitt set another hearing for March 9 to appoint him a standby attorney through the Clark County public defenders office. Brittany's suicide was the first in the juvenile detention center since March 1976. And also in the seclusion roomsthey would be sleeping in there as well. Senator Charles Grassley, Senator Elizabeth Warren and Rep. Joe Kennedy III supported the need for a federal investigation into allegations of patient abuse and fraud at UHSs behavioral facilities. We will continue to investigate and if need be correct the allegations.. They change lives in a very bad way, he said. Psych wards, The Boston Herald, 24 Mar. Spring Mountain Treatment Center et al, Court Case No. Szymborski's first claim for relief is for negligence. The law also states patients can be held indefinitely for treatment. The family was suing the treatment center, alleging negligent hiring and supervision, attorney Arthur Flangas said. Service Setting. Although Szymborski uses terms like medical care and medical treatment in the description of the duty of care owed, the gravamen of this claim is that the social worker committed malpractice and was grossly negligent because the social worker discharged Sean to Szymborski's home, despite knowing of the deeply troubled relationship between Sean and his father, the father's request that Sean not be discharged to his home, and Sean's request to continue on to another location. Murray also says that the treatment center failed to warn him that his ex-girlfriend was violent and lacked the mental capacity to be responsible for her own violent and dangerous actions. Therefore, we conclude that Szymborski's first claim for relief alleges a set of duties and facts for ordinary negligence and should not have been dismissed for want of an NRS 41A.071 medical expert affidavit. The suit sought $7 million in punitive damages and $120 million in compensatory damages for bodily injuries, physical pain and mental anguish, disfigurement, future lost earnings and medical expenses. September 2014: NDA came under Federal Department of Justice investigation. Although determining whether a patient will likely suffer negative health consequences upon discharge is a medical function, Szymborski's allegations stem from Spring Mountain's failure to follow policies and procedures in the manner that it discharged Sean. 2011: The Chicago Tribune documented that juvenile state wards and other youths were sexually assaulted at Riveredge psychiatric hospital in Forest Park. Amended Class Action lawsuit against UHS, in U.S. District Court Eastern District of PA, 29 Sept. 2017, https://www.saxenawhite.com/wp-content/uploads/2018/12/Universal-Health-DE-Amended-Complaint.pdf, Tara Bannow, Unsealed UHS lawsuits describe improper admissions, extended stays, Modern Healthcare, 17 July 2020, https://www.modernhealthcare.com/providers/unsealed-uhs-lawsuits-describe-improper-admissions-extended-stays, Sexual abuse alleged in $127 million lawsuit against children's hospital in New Kent County, Richmond Dispatch News, 20 Oct. 2020, https://richmond.com/news/state-and-regional/sexual-abuse-alleged-in-127-million-lawsuit-against-childrens-hospital-in-new-kent-county/article_48f551ed-0c7f-5736-aac6-5c05562faca6.html, Vernon Freeman, Jr., Childrens doctor accused of sexual abuse on temporary leave of absence, CBS 6 WTVR, 10 Feb. 2020, https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/childrens-doctor-accused-of-sexual-abuse-placed-on-temporary-leave-of-absence, Laura French, $127M lawsuit filed against doctors, Cumberland Hospital for Children for alleged sexual abuse, CBS 6 WTVR, 20 Oct. 2020, https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/127m-lawsuit-filed-against-doctors-childrens-hospital-for-alleged-sexual-abuse, New Kent Sherriffs Office Narrative about Dr. Davidow, 13 Apr. October 2020: Twenty former patients at Cumberland Hospital New Kent County, Virginia, filed a lawsuit alleging sexual abuse, physical assaults and attempts to deceive public and state health officials. At least one employee alleged her supervisors at UHSs The Ridge in Kentucky told her If we didnt have beds, it doesnt matter just go ahead admit them anyway. She said that there was every bed filled on the kid unit, teenagers boarding on the childs unit, and kids sleeping in the dayroom on rubber mats. Cumberland Hospital does contract with Dr. Davidows group practiceon an independent contractor basis. A New Kent County, Virginia police report dated 13 April 2017, revealed Dr. Davidow was questioned about several female patients sexual abuse allegation, with a copy of the police interview available online. A Nevada father has filed a lawsuit against a psychiatric hospital, alleging the facility prematurely discharged the mother of his child one week before she set a fire, killing herself and their 6-year-old boy. She was calm, but Kish knew she needed to be watched. July 2013: A Miami Herald article reported that, according to estimates released by the Florida Department of Justice, 10 percent of youth at Bristol Youth Academy in Florida reported sexual victimization by staff in 2012. August 2012: In California, UHS paid $4.25 million in 2012 to settle claims that employees at one of its facilities were either inappropriately credentialed or not credentialed at all and that the facility warehouse[d] children while fraudulently billing for the provision of meaningful services. Off camera, Vice said, the tech smashed his head into the dresser and then picked up his right foot, the one that was in a cast, and slammed it down to the ground. Lists Featuring This Company United States Outpatient Care Companies 1,580 Number of Organizations $1.7B Total Funding Amount 130 Number of Investors Track Juvenile justice officials' first concern is "to make sure that we are doing all that we can to prevent any future tragedies," he said. Learn more about FindLaws newsletters, including our terms of use and privacy policy. "We've had a hard time with Brittany for a long time," Lynette Kish said. 2013, https://www.srpressgazette.com/article/20130326/LIFESTYLE/303269891, Changes Coming to Florida Juvenile Justice System, WCTV.com, 12 Apr.2013, http://web.archive.org/web/20141119061331/http://www.wctv.tv/home/headlines/Changes-Coming-To-Florida-Juvenile-Justice-System--202790431.html, Former Miltona health tech found guilty of sex abuse, Pensacola News Journal, 7 Mar. Payment is accepted . Szymborski argues on appeal that the district court erred in denying his motion for reconsideration because the district court did not consider a letter from the Bureau Chief of the Division, providing that the Division's investigation substantiated Szymborski's complaints against Spring Mountain. Gavin died of carbon monoxide intoxication and suffered burns on about 75 percent of his body, according to the lawsuit, which was filed in Clark County District Court against Spring Mountain Treatment Center on behalf of the boys father, Sean Murray. Four people were killed across the valley in about a 16-hour span, according to the Metropolitan Police Department. January 2017: Children at Palmetto Pee Dee Behavioral Health facility in Florence, South Carolina were allegedly hurt after altercations with staff. According to federal inspections reports, two male patients were assigned as roommates even though each had documented history of sexual abuse and victimization. "If this hasn't happened in 29 years, they know how to prevent it," she said. This is ClassAction.org's current list of open lawsuits and investigations. [U]nder general negligence standards, medical facilities have a duty to exercise reasonable care to avoid foreseeable harm when they furnish nonmedical services. Id. In addition, the center offers family, individual and group therapies, nursing care, and medica, This profile is powered by Birdeye. In September a lawsuit on behalf of five plaintiffs was filed in Cook County Court against Rock River alleging sexual abuse and rape by staff. Had supervision been better, the assault wouldnt have happened, the mothercontended.The suit said a security camera recorded the assault, but no one at Laurel Heights Hospital observed the assault on available monitors or bothered to check video surveillance recordings until several days following the sexual assault. Melvin Hewitt, the mothers attorney, noted in the complaint that there had been 11 other incidents in the last five years at the hospital. This place does the bare minimum to help your treatment process. _Hasync.push(['Histats.track_hits', '']); 2013, http://web.archive.org/web/20200129175425/http://uhsbehindcloseddoors.org/complaint_type/patient-placed-in-involuntary-seclusion-without-clinical-justification/, Sara Berres and Lynne Hough, Girls juvenile residential facility shut down, Santa Rosas Press Gazette, 28 Dec 2012, https://www.srpressgazette.com/article/20121228/lifestyle/312289909?template=ampart, Video shows girl, 15, battered in state juvenile prison, St. Augustine Record, 13 Nov. 2013, https://www.staugustine.com/news/local-news/2012-12-13/video-shows-girl-15-battered-state-juvenile-prison#.VT1d1JPCaSo, Abbott Guilty, Santa Rosas Gazette, 16 Mar. Administrator for SPRING MOUNTAIN TREATMENT CENTER, located at 7000 W. Spring Mountain Road, Las Vegas, Nevada 89117 6. When she came out with a new medication regimen, Brittany started fresh yet again. Szymborski alleges that Spring Mountain in the exercise of reasonable care had a duty to know, or should have known, that they are required to comply with NAC 449.332, regarding discharge plan of Patients; and with NRS 449.765 to 449.786. He accuses Spring Mountain of breaching its duty by failing to carefully investigate, monitor and/or oversee discharge activities including but not limited to, the development, implementation, and supervision of discharge policies and practices. Spring Mountain also negligently permitted the dumping of [Sean], by taxi to the home of [Szymborski], without notice to [Szymborski], in violation of their own internal policies; NAC 449.332; and NRS 449. The family of 16-year-old Brittany Kish had been planning to file a lawsuit against the Spring Mountain Treatment Center in about two weeks, the girl's mother and her lawyer said. The girls father told the Dallas Morning News that his daughter had been raped by a 17-year-old patient and stated, This cant happen to anyone else. A claim is grounded in medical malpractice and must adhere to NRS 41A.071 where the facts underlying the claim involve medical diagnosis, treatment, or judgment and the standards of care pertaining to the medical issue require explanation to the jury from a medical expert at trial. Instead, a 17-year-old male patient raped her, a lawsuit against Gulfport and UHS, filed in U.S. District Court in Gulfport alleged. }; Want to keep up with the latest crime coverage? As written at the time of filing, NRS 41A.071 only applied to actions for medical or dental malpractice. Staff administered psychotropic drugs like Thorazine at dosages which were far higher than doses at similar youth facilities. She wrote poetry that she published on the Internet. The cases included one child being punched and thrown to the ground, another being doped up and a third coming down with scabies after being at the facility for four months, according to attorney, Bruce Maxwell. This breach of the standard of care was not based on the social worker's medical judgment. The report says they engaged in sex. Eric Blackmon, 40, died from multiple stab wounds during a fight in a shopping center parking lot. The lawsuit alleges Spring Mountain Treatment Center "failed to provide appropriate care and treatment to the. My hope is that the NDA is shut down or significant changes occur, he said. 'format' : 'iframe', Inspectors saw no evidence that nurses gave any care to the 13-year-old after she reported the assault. Spring Mountain argues that Szymborski's citations to NAC 449.332 and NRS 449.765-449.786 demonstrate that the claim is based on Spring Mountain's failure to perform medical functions. In the past two years, Mount Dora police were dispatched to the academy 162 times, records show. A former Vines employee was also facing prosecution, having been charged with breaking a juvenile patients arm. They arranged to meet up at a parking lot in Sandy on September 29, and Lima allegedly drove the girl to a nearby park and forced her to perform a sex act. But Doughty, bigger and quicker, shoved him and pulled him back into the room, once again out of the cameras sight for about 30 minutes. March 2012: UHS Inc. and two of its Virginia subsidiaries, Keystone Education and Youth Services LLC and Keystone Marion LLC, agreed to pay $6.85 million to the U.S. and the Commonwealth of Virginia to settle a False Claims Act lawsuit that alleged they provided substandard psychiatric counseling and treatment to adolescents in violation of Medicaid requirements, falsified records and submitted false claims to the Medicaid program. Patrick Serrato, 35, was charged with robbery, burglary and witness intimdation. Sean James Murray, the father of Gavin, is suing Spring Mountain Treatment Center, saying the facility was negligent in releasing Renai a week before the incident. Szymborski referenced several documents in his complaint, including the patient continuing care plan, the nursing progress note, and the acute physician discharge progress note, but these documents are not in the record. A week later, on October 8, 2019, Palmer locked herself and Gavin Murray Palmer, the son she shared with Murray, in a bedroom in her parents home, and started a fire. Therefore, drawing every reasonable inference in favor of Szymborski, we hold that his claim for negligent hiring, supervision, and training does not sound in medical malpractice and therefore, does not need to meet the requirements of NRS 41A.071. And so did the detention center: She was placed on suicide watch upon her admission to detention at 12:30 p.m., detention center officials said. They are located at 5460 West Sahara Avenue and can be reached at 702-216-8900. The death is also being investigated by the Child Fatality Review Committee, which looks at all deaths of minors to see if they could have been prevented. Please try again. 2014, http://www.pnj.com/story/crime/2014/03/08/former-miltona-health-tech-found-guilty-of-sex-abuse/6189365/, Parker Sentenced for Sexual Molestation, NWF Daily News, 16 Apr. KTNV, KSNV and the Las Vegas Review-Journal all report that the lawsuit was filed this week, and alleges negligence by the staff and administration at the Spring Mountain Treatment Center in Las Vegas. A 12-year-old who gained access to the medication chart and swallowed powerful antipsychotic drugs. The teen, who police say was driving 63 mph in a 35 mph zone, pleaded guilty to a misdemeanor count in the North Las Vegas crash. A social worker, or perhaps the Division, rather than a medical expert, would be required to aid the jury in determining the applicable standard of care for Szymborski's malpractice and gross negligence claims. . NBC News reported there had been complaints from staffers reporting runaways and patients alleging abuse. hs.src = ('//s10.histats.com/js15_as.js'); Palmer and Murray, Gavins biological parents, ended their relationship when Gavin was 1 and shared custody of the boy. Kish described her daughter as outgoing, creative and full of laughter "when she was Brittany" -- when her disorder didn't take over. Hosp., 517 N.Y.S.2d 762, 763 (App. The MA and case manager never verified that Sean had arranged to live elsewhere, and informed Sean that they would only give him enough money to take a taxi to his father's home. June 2017: The mother of an 11-year-old girl filed a lawsuit against Shadow Mountain, alleging negligence, assault and battery and intentional infliction of emotional distress. State Representative Terri Sewell had recently commented that the allegations of abuse at Hill Crest were disturbing and appalling. She called for a probe into the facility, stating These allegations should be thoroughly investigated by law enforcement and the appropriate licensing boards so that those responsible are held accountable and patients will be cared for in environments that are safe.. Three separate civil lawsuits were filed against the facility alleging negligence and abuse of children. 'height' : 250, From 2006 to 2016, the lawsuit said, facilities owned and operated by UHS were cited or investigated for inadequate staffing violations on approximately 90 occasions, including Cumberland Hospital on at least one occasion.. Residents said they were knocked out for hours at a time from the meds. The Judges overseeing this case are Cam Ferenbach and Gloria M. Navarro. LEE E. SZYMBORSKI, Appellant, v. SPRING MOUNTAIN TREATMENT CENTER; AND DARRYL DUBROCA, IN HIS OFFICIAL CAPACITY, Respondents. hb``g``g`a` @`G kifg\YX E2tX10p].@,I Wp3Fa LFNE/p(Nb`j4a0t}S$7)d8]'6H3 ), May 2012: When state agency officials visited University Behavioral Center (UBC) in 2012, they found that UBC had failed not only to report suspected child abuse and to provide front-line staff with effective communication equipment but also to employ enough staff to care for its young patients. The hospital was cited with noncompliance with human rights regulations. December 2012: Milton Girls Juvenile Residential facility in East Milton, Florida was closed according to the Florida Department of Juvenile Justice (DJJ), citing significant health, safety and security concerns. The facility made bed-to-bed transfers from the treatment center to Cumberlands general hospital to increase revenue and profits and pressuring staff to make fraudulent and materially false statements in medical records to justify longer stays. Those included false statements to state health authorities and attempting to serve hundreds of children and adolescents, including the plaintiffs, without appropriate and necessary licenses from the Virginia Department of Health and the Virginia Department of Behavioral Health and Developmental Services. Daniel Davidow On Leave of Absence Amid Sex Abuse Allegations, The Legal Herald, J12 Feb. 2020, https://legalherald.com/new-kent-virginia-dr-daniel-davidow-accused-of-child-sex-abuse-at-cumberland-hospital-for-children-and-adolescents/, 'Shut it down': Virginia hospital under investigation isn't safe, nurse says, Beckers Hospital Review, 7 Oct. 2020, https://www.beckershospitalreview.com/patient-safety-outcomes/shut-it-down-virginia-hospital-under-investigation-isn-t-safe-nurse-says.html, Sexual abuse alleged in $127 million lawsuit against children's hospital in New Kent County, Richmond Dispatch News, 20 Oct. 2020, https://richmond.com/news/state-and-regional/sexual-abuse-alleged-in-127-million-lawsuit-against-childrens-hospital-in-new-kent-county/article_48f551ed-0c7f-5736-aac6-5c05562faca6.html, $127 million lawsuit claims years of abuse at childrens hospital in New Kent County, NBC 12 News, 20 Oct. 2020, https://www.nbc12.com/2020/10/20/million-lawsuit-claims-years-abuse-childrens-hospital-new-kent-county/, Drugs, Solitary confinement, torture and abuse, Video: Cumberland A New Kent County childrens hospital at the center of a Virginia State Police investigation is being sued for $127 million, WTVR-CBS 6, There are many ways to help outfind out how, ParentsReport mental health abuses here, 2020 Citizens Commissionon Human Rights. Bill their insurer. The Center did not immediately return PEOPLEs request for comment. See Weiner v. Lenox Hill Hosp., 673 N.E.2d 914, 916 (N.Y. 1996) ([M]edical malpractice is but a species of negligence and no rigid analytical line separates the two.) (internal quotation marks omitted). Kish's last memory of her daughter is of the two of them singing karaoke about two weeks ago, exuberantly hamming it up. Gabriel Michael Lima was accused of sexually abusing a 12-year-old girl he met at work at the hospital. Lynette Kish said she believes the sexual assault was what drove her troubled daughter off the edge emotionally, to a point from which she couldn't return. After 72 hours, according to state law, the patient can be released only if the individual is no longer a danger. Austin was subjected to a manual hold in a manner that would potentially impair the patients ability to breathe resulting in the death of the patient, an investigation found. I concur: Governor Ralph Northam sent a statement to WTVR-CBS 6 saying that took these allegations very seriouslynot only as Governor, but as a pediatrician and father. KICK THEM OUT. Staff members would pick one victim out of his wheelchair and throw him into a shower, knowing he could not physically brace himself to avoid injury. FREE HELP NOW Address: 7000 West Spring Mountain Rd. Included in the treatment are activity therapy, integrated dual diagnosis disorder . Box 61558 367 South Gulph Road King of Prussia, PA 19406, 8 May 2015, http://ctwinvestmentgroup.com/wp-content/uploads/2015/05/CtW-to-John-Herrell-UHS-5-4-15-final.pdf, Lorraine Bailey, Severe Abuse Alleged at Illinois Home for Girls, Courthouse News.com, 10 Sept. 2015, http://web.archive.org/web/20150916015519/http://www.courthousenews.com/2015/09/10/severe-abuse-alleged-at-illinois-home-for-girls.htm, Horrors Behind These Walls: Stories of Alleged Physical, Emotional, And Sexual Abuse at Rock River, My Stateline.com, 2 Feb. 2015, https://www.mystateline.com/news/horrors-behind-these-walls-stories-of-alleged-physical-emotional-and-sexual-abuse-at-rock-river-academy/, National Deaf Academy, Hit with Abuse Allegations, is Closing: FBI investigates Deaf Academy for Abuse Claims, NBC News, 14 Sept. 2014, http://www.nbcnews.com/news/us-news/national-deaf-academy-hit-abuse-allegations-closing-n497516, National Deaf Academy in Mount Dora to close, Orlando Sentinel, 14 Jan. 2016, http://www.orlandosentinel.com/news/lake/os-mount-dora-deaf-academy-closes-2-20160114-story.html, Family suing over teen sons death in psychiatric hospital, 11 Alive, 16 Dec. 2017, updated 20 Feb. 2018, https://www.11alive.com/article/news/local/holding-powerful-accountable/family-suing-over-teen-sons-death-in-psychiatric-hospital/85-499825458, Locked on The PsychWard: Lock them in. Instead, Szymborski seeks remedy for the actions of various social workers, case managers, and MAs not finding Sean suitable accommodations and transportation after he was medically discharged despite accepting, or appearing to accept, the responsibility of doing so. Mom Strangled Her 3 Children to Death After She Heard a 'Man's Voice Telling Her To': Prosecutors, Parents of Siblings, 4 and 6, Killed by Truck at Mini Golf Course Will File Suit After Driver Isn't Charged, Alec Baldwin to Face Lawsuit from Halyna Hutchins' Parents and Sister Over Fatal 'Rust' Shooting, All About Jimmy Carter and Rosalynn Carter's Children and Grandchildren, Wanted Ore. Man Accused of Torturing Woman Is Using Dating Apps to Find Victims and Evade Capture: Police, Everything to Know About the Murdaugh Family Murders, Including Details of Allegations Against Alex, Anne Heche's Son Homer Laffoon, 20, Named General Administrator of Her Estate, Who Was Halyna Hutchins? "We are surveyed regularly, and like many healthcare facilities, address any deficiencies that may be cited. Kish said the family is confused and upset by the circumstances of Brittany's death. SPRING MOUNTAIN TREATMENT CENTER; AND DARRYL DUBROCA, IN HIS OFFICIAL CAPACITY, Respondents. 2012, http://www.justice.gov/opa/pr/residential-youth-treatment-facility-medicaid-recipients-marion-virginia-agrees-resolve-false, Young Patient Assaulted by Patient with History of Assaults, UHS Behind Closed Doors, 4 Apr 2012, http://web.archive.org/web/20191130082430/http://uhsbehindcloseddoors.org/complaint_type/young-patient-assaulted-by-patient-with-history-of-assaults/, Amicus Brief, Bazelon Center (Mental Health Law), Supreme Court of the United States, p. 17, https://www.scotusblog.com/wp-content/uploads/2016/03/15-7bsacJudgeDavidL.BazelonCenterForMentalHealthLaw.pdf, Nevada Agency Substantiated 4 Incidents of Abuse and Mistreatment in 5 Months, despite repeated pledges by facility to improve, UHS Behind Closed Doors, 3 Apr. Thus, he cites NAC 641B.225(1), defining malpractice in the practice of social work as conduct which falls below the standard of care required of a licensee under the circumstances and which proximately causes damage to a client. He also cites to NAC 641B.225(3), which defines gross negligence in the practice of social work as conduct which represents an extreme departure from the standard of care required of a licensee under the circumstances and which proximately causes damage to a client. He states, [d]efendants including JOHN DOE 1 in the capacity of Licensed Social Worker (LSW) is entrusted to provide medical care owed to patients and a duty to provide adequate medical treatment, to protect the patient and the public at large. Moreover, [s]aid Defendant breached the duty of care by discharging the patient, paying for a taxi only to Plaintiff's address (although the patient asked to pick up a debit card, then be transported to another residence), in violation of discharge policies and procedures, pursuant to NAC 449.332.. 'S first claim for relief is for negligence runaways and patients alleging abuse daily News, 16 Apr wards! Of Brittany 's death: NDA came under Federal Department of Justice.! Said the family was suing the treatment center ; and DARRYL DUBROCA, in OFFICIAL. An independent contractor basis at dosages which were far higher than doses at youth. Representative Terri Sewell had recently commented that the allegations of abuse at Hill Crest were disturbing and appalling the spent! Him a standby attorney through the Clark County public defenders office about FindLaws spring mountain treatment center lawsuit! Indefinitely for treatment investigate and if need be correct the allegations of at! 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