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Respiratory Failure Brain Injury Claims in NY

Understanding Respiratory Failure Brain Injury

Respiratory failure represents one of the most dangerous complications that can occur in hospital settings, potentially causing devastating brain injuries within minutes. When the lungs cannot adequately supply oxygen to the bloodstream or remove carbon dioxide, brain cells begin dying within just 5 minutes of oxygen deprivation. According to research published in Critical Care, acute respiratory failure is the most common extra-cranial complication among patients with acute brain injury.

In New York hospitals and medical facilities, respiratory failure can result from various causes including ventilator management errors, intubation complications, aspiration events, or failure to recognize deteriorating respiratory status. When healthcare providers fail to prevent or properly manage respiratory failure, and a patient suffers brain damage as a result, it may constitute medical malpractice.

Critical Timeline: Brain damage from oxygen deprivation follows a predictable pattern. Within 3-5 minutes of complete oxygen cutoff, brain cells begin to die. After 10 minutes of total oxygen deprivation, severe and often irreversible brain damage occurs, frequently resulting in death or permanent vegetative state.

How Respiratory Failure Causes Brain Damage

The brain is extraordinarily dependent on continuous oxygen supply. Representing only 2% of body weight, the brain consumes approximately 20% of the body’s oxygen. This high metabolic demand means the brain is particularly vulnerable when respiratory function fails.

The Oxygen Deprivation Cascade

When respiratory failure occurs, a devastating cascade of events unfolds:

Hypoxia (Reduced Oxygen)

Inadequate oxygen reaches the bloodstream due to lung dysfunction. The brain receives insufficient oxygen to maintain normal cellular metabolism, causing gradual cell damage and dysfunction.

Anoxia (No Oxygen)

Complete oxygen cutoff to the brain, often from cardiac arrest accompanying respiratory failure. This represents the most severe form, causing rapid and extensive brain cell death.

Hypercapnia (CO2 Buildup)

Carbon dioxide accumulates in the blood when lungs cannot expel it properly. Elevated CO2 levels can cause confusion, decreased consciousness, and increased intracranial pressure.

Secondary Brain Injury

Even after oxygen is restored, inflammatory responses and reperfusion injury can cause additional brain damage hours or days later.

According to research from the National Institutes of Health, development of severe respiratory failure occurs in 20-25% of patients with isolated severe traumatic brain injury and is associated with a threefold increase in mortality or patients remaining in a vegetative state.

Medical Causes of Respiratory Failure in Hospitals

Hospital-acquired respiratory failure can result from numerous medical conditions and complications. Understanding these causes is essential for identifying potential negligence.

Cause CategorySpecific ConditionsHow It Leads to Brain Injury
Ventilator ComplicationsIncorrect settings, barotrauma, ventilator-associated pneumonia (VAP)Inadequate oxygenation or lung damage reduces oxygen delivery to brain
Airway Management ErrorsFailed intubation, esophageal intubation, tube dislodgementDirect interruption of oxygen flow causes rapid brain hypoxia
Aspiration EventsAspiration pneumonia, aspiration of stomach contentsLung inflammation and infection impair gas exchange
ARDS DevelopmentAcute respiratory distress syndrome from sepsis, trauma, or infectionSevere lung inflammation prevents adequate oxygenation
Post-Operative ComplicationsAnesthesia overdose, inadequate monitoring, delayed extubationSedation suppresses breathing drive or blocks airway
Monitoring FailuresFailure to recognize declining oxygen levels, alarm fatigueDelayed intervention allows prolonged oxygen deprivation

According to the Agency for Healthcare Research and Quality (AHRQ), mechanical ventilation errors are among the leading causes of preventable hospital complications, with studies indicating improper oxygen delivery increases mortality risk by up to 30% in critically ill patients.

Ventilator-Associated Complications

Mechanical ventilation, while life-saving, carries significant risks when not properly managed. Clinical research shows that the incidence of ventilator-associated pneumonia in patients with acute brain injury varies between 21 and 60%, with a pooled incidence of 36%.

Ventilator management challenges include:

  • Incorrect ventilator settings: Tidal volume, respiratory rate, or oxygen concentration set improperly for patient’s needs
  • Barotrauma: Excessive pressure causing lung damage and impaired oxygenation
  • Atelectasis: Lung collapse from inadequate positive end-expiratory pressure (PEEP)
  • Equipment contamination: The CDC reports up to 28% of patients requiring prolonged ventilation develop lung infections
  • Delayed weaning: Prolonged sedation or failure to assess extubation readiness increases complication risks

Critical Management Conflict: Acute respiratory distress syndrome (ARDS) patients benefit from lung protective ventilation using low tidal volumes and permissive hypercapnia. However, these same strategies can be detrimental in brain-injured patients given the risk of brain hypoxia and elevation of intracranial pressure, creating complex management decisions that require expert judgment.

Symptoms and Long-Term Effects of Hypoxic Brain Injury

The symptoms and long-term consequences of brain injury from respiratory failure vary dramatically based on the severity and duration of oxygen deprivation. According to Headway, the UK brain injury association, about 50% of hypoxic brain injury survivors achieve full or near-full cognitive recovery, but outcomes depend heavily on how quickly oxygen is restored.

Immediate Symptoms

During and immediately after a respiratory failure event, patients may exhibit:

Mild Hypoxia

  • Confusion and disorientation
  • Difficulty concentrating
  • Headache and dizziness
  • Increased breathing rate
  • Sweating and anxiety
  • Visual disturbances

Moderate Hypoxia

  • Severe confusion or agitation
  • Loss of coordination
  • Numbness or tingling
  • Slurred speech
  • Decreased consciousness
  • Seizures

Severe Anoxia

  • Unresponsiveness or coma
  • Cardiac arrest
  • Absence of brainstem reflexes
  • Persistent vegetative state
  • Brain death

Long-Term Neurological Consequences

Medical research from StatPearls documents that among cognitive impairments following hypoxic brain injury, memory impairment is the most commonly reported deficit, with 10-22% of sudden cardiac arrest survivors showing persistent cognitive impairment 12 months after injury.

Long-term effects may include:

  • Cognitive impairment: Memory loss (especially short-term), difficulty with attention and concentration, slowed mental processing, impaired decision-making and executive function
  • Communication difficulties: Aphasia (difficulty speaking or understanding language), reading and writing challenges, word-finding difficulties
  • Motor dysfunction: Tremors and involuntary movements, spasticity (muscle stiffness), coordination problems, weakness or paralysis
  • Personality and behavioral changes: Irritability and low frustration tolerance, impulsiveness and poor judgment, apathy or lack of motivation, depression and anxiety, mood swings
  • Seizure disorders: Post-hypoxic myoclonus or epilepsy developing after brain injury
  • Sensory impairments: Vision problems, hearing deficits, altered sensation

Recovery Timeline: Cognitive recovery is greatest within the first 3 months of injury and may stabilize at 12 months post-injury, though more modest improvement can continue over time. Approximately 80% of patients who suffered respiratory failure with ARDS still experience at least one neurocognitive impairment one year after the event.

Examples of Medical Negligence in Respiratory Failure Cases

Not every case of respiratory failure resulting in brain injury constitutes medical malpractice. However, when healthcare providers fail to meet the accepted standard of care, and that failure directly causes patient harm, legal liability may exist.

Intubation and Airway Management Failures

Proper airway management is critical in preventing hypoxic brain injury. As legal experts note, what makes intubation malpractice unique is that small mistakes can quickly result in very severe injury and even death—if the brain is deprived of oxygen even for a short time, permanent brain damage or death can result.

Common intubation negligence scenarios include:

  • Esophageal intubation: Placing the breathing tube in the esophagus instead of the trachea, preventing oxygen from reaching the lungs
  • Delayed intubation: Failing to recognize the need for intubation or delaying the procedure when clearly indicated
  • Failed intubation without backup plan: Multiple failed attempts without using alternative airway techniques
  • Tube dislodgement: Failure to properly secure the endotracheal tube, allowing it to become displaced
  • Inadequate verification: Not confirming proper tube placement through capnography or other methods

Case Example: In a 2024 Florida case, a $31.9 million verdict was awarded after a patient died from oxygen loss when it took hospital staff and the doctor over 14 minutes to intubate him. The lawsuit alleged defendants were negligent in failing to perform an appropriate airway assessment and failing to use alternative airway methods when initial intubation attempts failed.

Inadequate Patient Monitoring

Continuous monitoring of oxygen saturation, respiratory rate, and other vital signs is essential for identifying respiratory deterioration before brain damage occurs. Monitoring failures include:

  • Failure to use pulse oximetry or capnography
  • Ignoring or silencing ventilator alarms (“alarm fatigue”)
  • Inadequate nurse-to-patient ratios preventing proper observation
  • Failure to recognize signs of respiratory distress
  • Not escalating care when oxygen saturation drops

Aspiration and Choking Events

Patients at risk for aspiration require special precautions. In one documented New York case, a $1.25 million recovery was reached for a patient with Parkinson’s disease who was at risk for aspiration from a nasogastric feeding tube. The patient aspirated, went into respiratory arrest, and sustained brain damage, remaining in a coma for three years before death.

Negligence may include:

  • Failure to elevate head of bed for high-risk patients
  • Improper nasogastric tube placement
  • Feeding patients with impaired swallowing reflexes without proper precautions
  • Not assessing swallowing ability before oral feeding
  • Ignoring signs of aspiration pneumonia

Post-Operative Respiratory Complications

The post-operative period carries heightened respiratory risks, particularly after general anesthesia. Post-operative respiratory failure can result from:

  • Anesthesia overdose suppressing respiratory drive
  • Premature extubation before patient can breathe independently
  • Inadequate post-anesthesia monitoring
  • Failure to recognize and treat hypoventilation
  • Delayed response to respiratory distress in recovery

In a notable Georgia case, the family of Bennie Moore secured a $13.75 million jury verdict after Moore suffered a fatal hypoxic brain injury when an anesthesiologist’s assistant allegedly administered an excessive dose of anesthesia, failing to recognize respiratory failure in time, resulting in an eight-minute loss of pulse.

New York Medical Malpractice Claims for Respiratory Failure Brain Injury

Pursuing a medical malpractice claim in New York for brain injury caused by respiratory failure requires understanding specific legal requirements and procedures unique to New York State.

Elements of a Medical Malpractice Claim

To succeed in a New York respiratory failure brain injury claim, you must prove:

1. Doctor-Patient Relationship

You must establish that the healthcare provider owed you a duty of care through a formal doctor-patient relationship or hospital admission.

2. Deviation from Standard of Care

The healthcare provider’s actions (or failure to act) fell below the accepted standard of care that a reasonably competent provider in the same specialty would have provided under similar circumstances.

3. Causation

The deviation from the standard of care directly caused your brain injury. This requires establishing that proper respiratory management would have prevented the brain damage.

4. Damages

You suffered actual harm and losses as a result, including medical expenses, lost wages, diminished earning capacity, pain and suffering, and reduced quality of life.

New York Statute of Limitations

Under New York Civil Practice Law and Rules § 214-A, medical malpractice actions must generally be commenced within two years and six months of the act of negligence or from the date of last treatment for continuous treatment of the same condition.

Important exceptions and extensions include:

  • Continuous Treatment Doctrine: The statute of limitations clock doesn’t start until ongoing treatment with the negligent provider ends, recognizing that filing suit during active treatment could adversely affect the patient’s level of care
  • Discovery Rule (Laverne’s Law): Since January 31, 2018, the statute of limitations doesn’t begin until the injury is actually discovered, with a maximum of seven years from the date of malpractice to file
  • Incapacity/Insanity Tolling: For patients rendered incapacitated by severe brain injury, the limitations period may be tolled (paused) during the period of legal incapacity. Courts generally interpret this to apply when the injury is so severe that the person cannot manage their own affairs
  • Minors: Children have three years from their eighteenth birthday to file, provided the negligent act occurred within the previous 10 years
  • Government Hospitals: Claims against state or municipal hospitals require filing a notice of claim within 90 days of injury, followed by a lawsuit within 15 months

Critical Legal Note: In cases involving severe hypoxic brain injury, New York courts have recognized that coma or severe cognitive impairment may toll the statute of limitations. In one documented case, a plaintiff who suffered anoxic brain injury during surgery and remained comatose for weeks was found entitled to tolling under CPLR § 208(a) because the severe brain trauma rendered her unable to protect her legal rights.

Role of Expert Witnesses

New York medical malpractice cases involving respiratory failure and brain injury require qualified expert testimony to establish the standard of care and prove deviation from that standard. Expert witnesses in these cases typically include:

  • Pulmonologists: Experts in respiratory medicine who can testify about proper management of respiratory failure, ventilator settings, and oxygen therapy protocols
  • Critical care physicians (intensivists): Board-certified specialists in critical care who understand complex ICU management and can explain deviations from accepted practices
  • Neurologists: Specialists who can explain the mechanism of hypoxic brain injury, expected outcomes, and causation linking oxygen deprivation to specific brain damage
  • Anesthesiologists: When respiratory failure occurs during or after surgery, anesthesia experts can address proper airway management and monitoring standards
  • Respiratory therapists: Specialists who manage mechanical ventilation and can identify improper ventilator management or oxygen administration errors

These experts review medical records, analyze whether appropriate care was given, provide testimony on the standard of care, and assess the causal connection between the alleged negligence and resulting brain injury.

Compensation Available in New York Respiratory Failure Cases

Brain injuries from respiratory failure often result in catastrophic, permanent disabilities requiring lifetime care. New York law allows victims to seek both economic and non-economic damages.

Economic Damages

These compensate for quantifiable financial losses:

  • Past and future medical expenses: Emergency care, hospitalization, rehabilitation, ongoing neurological care, medications, medical equipment, and home modifications
  • Long-term care costs: In-home nursing care, assisted living, or residential brain injury facilities (which can exceed $300,000 annually for severe cases)
  • Lost wages and earning capacity: Income lost during recovery and reduced future earning potential due to cognitive or physical limitations
  • Life care planning: Comprehensive assessment of lifetime medical and support needs

Non-Economic Damages

These address intangible losses:

  • Pain and suffering from the injury and ongoing symptoms
  • Loss of enjoyment of life and inability to participate in previously enjoyed activities
  • Emotional distress, depression, and anxiety
  • Loss of consortium (for spouses affected by the injury)

Note on Damages: Unlike some states, New York does not cap non-economic damages in medical malpractice cases, allowing juries to award compensation that truly reflects the severity of permanent brain injury.

Notable New York Verdicts and Settlements

Recent New York cases demonstrate the substantial compensation awarded for respiratory failure brain injuries:

  • $120 million verdict: A 41-year-old father sustained severe brain damage due to inexperienced doctors’ failure to remove a clot from his basilar artery, resulting in permanent need for specialized residential care
  • $80 million verdict: Injuries due to negligence at Jacobi Medical Center in the Bronx for a child born extremely premature at 23 weeks
  • $3.5 million settlement: A 37-year-old client who suffered brain damage due to negligent treatment for atrial fibrillation, leading to coma and subsequent cognitive decline with impaired speech
  • $2.9 million verdict (2024): A minor admitted to the ER for difficult breathing went into respiratory and cardiac arrest approximately two hours later while wearing a BiPap mask; the code was called too late to prevent catastrophic brain injury from oxygen loss
  • $2.4 million settlement: Hospital negligent airway management and maintenance for a 42-year-old man
  • $1.25 million recovery: Patient with Parkinson’s disease suffered aspiration and respiratory arrest leading to brain damage and three-year coma

These verdicts reflect not only the severity of brain injuries from respiratory failure but also the substantial costs of lifetime care and the profound impact on victims and their families.

Preventing Respiratory Failure Brain Injuries

While legal recourse is available for negligent care, understanding prevention standards helps identify when healthcare providers fall short of their obligations.

Hospital Standards of Care

Proper prevention of respiratory failure brain injuries requires:

Prevention MeasureStandard PracticeHow It Prevents Brain Injury
Continuous MonitoringPulse oximetry, capnography, regular vital signs assessmentEarly detection of oxygen desaturation allows intervention before brain damage
Rapid Response TeamsSpecialized teams respond immediately to respiratory deteriorationExpert intervention reduces time from recognition to treatment
Proper Nurse StaffingAdequate nurse-to-patient ratios for acuity levelEnsures timely recognition and response to respiratory changes
Ventilator ProtocolsEvidence-based settings, regular assessment, weaning protocolsOptimizes oxygenation while minimizing lung injury and complications
Aspiration PrecautionsHead elevation, swallowing assessment, NPO when appropriatePrevents aspiration events that lead to respiratory failure
Intubation PreparednessDifficult airway equipment available, backup plans, trained personnelEnsures successful airway management even in challenging cases
Infection PreventionHand hygiene, oral care, ventilator bundle protocolsReduces ventilator-associated pneumonia that impairs oxygenation

Red Flags of Inadequate Care

Certain warning signs may indicate substandard respiratory management:

  • Multiple failed intubation attempts without calling for expert help
  • Prolonged periods without checking on ventilated patients
  • Ignoring or silencing ventilator alarms
  • Delayed response to dropping oxygen saturation levels
  • Failure to have emergency airway equipment readily available
  • Inadequate documentation of respiratory assessments
  • Not following established protocols for high-risk patients

Steps to Take After Respiratory Failure Brain Injury

If you or a loved one suffered brain injury from respiratory failure in a New York hospital or medical facility, taking prompt action protects both your health and your legal rights.

Immediate Medical Steps

  1. Ensure ongoing appropriate care: If still hospitalized, make sure current respiratory and neurological care is adequate
  2. Request transfer if needed: Consider transfer to a specialized brain injury or neurocritical care center
  3. Document everything: Keep detailed notes about the incident, treatments received, and symptoms observed
  4. Request medical records: You have a legal right to complete copies of all medical records, which are essential for any potential claim
  5. Follow all medical advice: Attend all follow-up appointments and comply with rehabilitation recommendations

Legal Steps

  1. Consult a medical malpractice attorney promptly: New York’s statute of limitations requires action within specific timeframes
  2. Preserve evidence: Keep all medical bills, records, appointment notes, and documentation of how the injury affects daily life
  3. Don’t sign releases: Avoid signing any documents from the hospital or insurance companies without legal advice
  4. Avoid discussing the case publicly: Social media posts and public statements can be used against you in litigation
  5. Be aware of special rules for government hospitals: Claims against public hospitals require filing a notice of claim within 90 days

Free Case Evaluation: Most New York medical malpractice attorneys offer free initial consultations to evaluate your case. Attorneys typically work on contingency, meaning you pay no legal fees unless they recover compensation for you. This ensures access to legal representation regardless of your financial situation.

Frequently Asked Questions About Respiratory Failure Brain Injury Claims

How quickly can respiratory failure cause permanent brain damage?

Brain cells begin to die within 3-5 minutes of complete oxygen deprivation. Permanent brain damage typically occurs after 5-10 minutes without oxygen. However, even shorter periods of severe hypoxia (reduced oxygen) can cause lasting neurological deficits. The extent of injury depends on the severity of oxygen deprivation, the duration, and how quickly normal oxygenation is restored. This is why rapid recognition and intervention are critical components of the standard of care.

What is the difference between hypoxic and anoxic brain injury?

Hypoxic brain injury occurs when the brain receives some oxygen, but not enough to maintain normal function—like breathing that is too shallow or blood oxygen levels that are too low. Anoxic brain injury is more severe and happens when the brain receives no oxygen at all, such as during cardiac arrest or complete airway obstruction. Both can result from respiratory failure, but anoxic injuries tend to be more severe and have worse outcomes because the oxygen deprivation is total rather than partial.

Can you recover from a hypoxic brain injury caused by respiratory failure?

Recovery varies significantly based on the severity and duration of oxygen deprivation. According to medical research, about 50% of hypoxic brain injury survivors achieve full or near-full cognitive recovery. However, severe cases may result in permanent disabilities, persistent vegetative state, or death. The greatest recovery occurs in the first 3 months, with stabilization typically by 12 months, though modest improvements can continue beyond that timeframe. Early rehabilitation and specialized brain injury care improve outcomes.

How do I prove that respiratory failure was caused by medical negligence?

Proving medical negligence requires establishing four elements: (1) a doctor-patient relationship creating a duty of care, (2) breach of the standard of care through action or inaction that a reasonably competent provider wouldn’t have made, (3) causation showing the breach directly caused your brain injury, and (4) damages you suffered as a result. In New York, expert medical testimony is required to establish what the standard of care was and how it was violated. Your attorney will work with pulmonology, critical care, and neurology experts to build this proof.

What types of healthcare errors lead to respiratory failure brain injuries?

Common errors include intubation complications (delayed intubation, esophageal intubation, failed airway management), inadequate patient monitoring (ignoring declining oxygen levels or ventilator alarms), improper ventilator management (incorrect settings, failure to prevent VAP), aspiration events (not following aspiration precautions for high-risk patients), anesthesia errors (overdose suppressing breathing, inadequate post-operative monitoring), and delayed response to respiratory distress. Each of these represents a deviation from accepted standards of care.

How long do I have to file a medical malpractice claim in New York?

New York’s statute of limitations for medical malpractice is generally two years and six months from the date of the negligent act or from the last treatment under the continuous treatment doctrine. However, several important exceptions apply: Laverne’s Law allows up to 7 years if the injury wasn’t immediately discovered; severe brain injury may toll (pause) the statute during periods of incapacity; minors have until age 21 (three years past their 18th birthday); and claims against government hospitals require a notice of claim within 90 days. Because these rules are complex, consult an attorney promptly to ensure your rights are protected.

What compensation can I receive for a respiratory failure brain injury in New York?

New York law allows recovery of both economic and non-economic damages. Economic damages include all medical expenses (past and future), long-term care costs, rehabilitation expenses, lost wages, and diminished earning capacity. Non-economic damages compensate for pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. Unlike some states, New York has no cap on non-economic damages in medical malpractice cases. Verdicts and settlements in severe brain injury cases often reach millions of dollars, reflecting the lifetime costs of care and profound impact on quality of life.

Will I have to pay upfront legal fees to pursue a claim?

Most New York medical malpractice attorneys work on a contingency fee basis, meaning you pay no legal fees unless they successfully recover compensation for you. The attorney’s fee is typically a percentage of the settlement or verdict (usually 30-40% depending on case stage). This arrangement ensures that victims of medical negligence can access quality legal representation regardless of their financial situation. Initial consultations are typically free, allowing you to have your case evaluated without any financial commitment.

What is the role of expert witnesses in these cases?

Expert witnesses are essential in New York medical malpractice cases. Qualified experts—typically physicians in pulmonology, critical care, neurology, or anesthesiology—review your medical records, analyze the care provided, and provide testimony about the standard of care and how it was violated. They explain complex medical concepts to the jury, establish causation between the negligent care and your brain injury, and assess the extent of damages and future care needs. New York requires expert testimony to prove both the standard of care and deviation from that standard.

Can I sue if the respiratory failure happened during an emergency situation?

Emergency situations do not eliminate the duty to provide competent care, though the standard of care is assessed in the context of the emergency circumstances. Healthcare providers must still make reasonable decisions given the information and resources available at the time. If errors were made that a reasonably competent provider wouldn’t have made in the same emergency situation—such as failing to use proper intubation techniques, not calling for help during difficult airway management, or ignoring clear signs of oxygen deprivation—negligence may exist despite the emergency nature of the situation.

Connect with a Qualified New York Medical Malpractice Attorney

Respiratory failure brain injuries represent some of the most devastating and life-altering consequences of medical negligence. When healthcare providers fail to properly manage respiratory function, prevent oxygen deprivation, or respond appropriately to respiratory emergencies, the resulting brain damage can be catastrophic and permanent.

If you or a loved one suffered brain injury from respiratory failure in a New York hospital or medical facility, you need an experienced medical malpractice attorney who understands both the complex medical issues and New York’s specific legal requirements.

Free Attorney Connection Service

We connect New York families affected by respiratory failure brain injuries with qualified medical malpractice attorneys who have experience handling complex hospital negligence cases. Our service is completely free—there is no cost to you for using our connection service.

The attorneys we connect you with work on contingency, meaning you pay no legal fees unless they recover compensation for you. This ensures you can pursue justice without financial barriers.

Time is critical—New York’s statute of limitations creates strict deadlines for filing medical malpractice claims. Contact us today for a free case evaluation.

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Educational Resource Disclaimer: This website is an educational resource and information publisher. We are not a law firm and do not provide legal advice. The information on this site is for educational purposes only. For legal advice regarding your specific situation, please consult with a qualified attorney. Our free connection service helps you find experienced legal representation at no cost to you.

Sources and Medical Research

This article incorporates information from peer-reviewed medical research and authoritative legal sources:

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