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Brain Aneurysm Misdiagnosis Claims in NY

Understanding Brain Aneurysm Misdiagnosis in New York

Brain aneurysms affect approximately 1 in 50 people in the United States, with around 30,000 Americans experiencing a ruptured aneurysm each year [Source: Brain Aneurysm Foundation, 2024]. When a brain aneurysm ruptures, survival depends on rapid, accurate diagnosis and immediate treatment. Unfortunately, medical research reveals a troubling pattern: up to 25% of patients with brain aneurysms are misdiagnosed during their initial medical evaluation [Source: Stroke Journal, American Heart Association].

In New York, when a healthcare provider’s failure to diagnose a brain aneurysm leads to serious injury or death, victims and their families may have grounds for a medical malpractice claim. This comprehensive guide explains brain aneurysm misdiagnosis, common diagnostic failures, legal rights, and how to pursue justice.

Key Takeaways

  • 25% of brain aneurysm patients are misdiagnosed at initial medical evaluation, with 38% of those in good clinical condition receiving incorrect diagnoses
  • Misdiagnosis significantly worsens outcomes — only 53% of misdiagnosed patients achieve good recovery compared to 91% of correctly diagnosed patients
  • Three out of four misdiagnoses occur when doctors fail to order appropriate brain imaging (CT scan or MRI)
  • New York malpractice claims require proving four elements: duty of care, breach of standard of care, causation, and damages
  • Settlements and verdicts range widely — from $25,000 to over $43 million depending on case severity and permanent injuries

What Is a Brain Aneurysm?

A brain aneurysm (also called a cerebral aneurysm) is a weakened, bulging area in the wall of a blood vessel in the brain. As blood flows through the weakened vessel, it creates pressure that causes the vessel wall to balloon outward, similar to a weak spot on a tire.

Brain aneurysms can be:

  • Unruptured: The aneurysm exists but has not leaked or burst
  • Leaking: A small amount of blood seeps from the aneurysm (sentinel bleed)
  • Ruptured: The aneurysm bursts, causing bleeding into the brain (subarachnoid hemorrhage)

According to the Brain Aneurysm Foundation, approximately 6.8 million Americans are currently living with an unruptured brain aneurysm. While 50-80% of aneurysms never rupture, those that do are often fatal — ruptured brain aneurysms are fatal in about 50% of cases.

Common Symptoms of Brain Aneurysms

Brain aneurysm symptoms vary depending on whether the aneurysm is unruptured, leaking, or ruptured. Recognizing these warning signs is critical for timely diagnosis.

Unruptured Aneurysm Symptoms

Many unruptured aneurysms cause no symptoms and are discovered incidentally during brain imaging for other conditions. However, larger unruptured aneurysms may cause:

  • Dilated pupils
  • Double vision or blurred vision
  • Pain above and behind the eye
  • Numbness or tingling on one side of the face
  • Cranial nerve palsy (weakness in facial muscles)

[Source: Cleveland Clinic]

Sentinel Headache (Warning Leak)

Before a major rupture, approximately 40% of patients experience warning symptoms called sentinel headaches, caused by small leaks from the aneurysm:

  • Sudden severe headache (worse than typical headaches)
  • Headache with no clear trigger (not related to activity, food, or illness)
  • Recurring headaches that grow increasingly intense
  • Often occurs 6-20 days before major rupture

[Source: Brain Aneurysm Foundation]

Ruptured Aneurysm: Medical Emergency

A ruptured brain aneurysm is always a life-threatening emergency. Nearly every survivor describes a “thunderclap headache” — often called “the worst headache of my life.”

Ruptured aneurysm symptoms include:

  • Sudden, extremely severe headache
  • Nausea and vomiting
  • Stiff neck
  • Blurred or double vision
  • Sensitivity to light (photophobia)
  • Loss of consciousness
  • Seizures
  • Weakness on one side of the face or body (stroke-like symptoms)

If you or someone experiences these symptoms, call 911 immediately. Approximately 15% of people with a ruptured aneurysm die before reaching the hospital. [Source: Brain Aneurysm Foundation]

Why Brain Aneurysms Are Commonly Misdiagnosed

Research published in Stroke, the journal of the American Heart Association, found that 25% of patients with symptomatic brain aneurysms were misdiagnosed during their initial medical evaluation. Among patients in good clinical condition (grades 1-2), the misdiagnosis rate climbed to 38% [Source: Stroke Journal].

Brain aneurysms are frequently misdiagnosed as:

Migraine Headaches

The severe headache from a sentinel bleed or small rupture may be dismissed as a migraine, especially in patients with a history of headaches.

Tension Headaches

Healthcare providers may attribute sudden severe headaches to stress or muscle tension without ordering diagnostic imaging.

Sinus Infections

Facial pain and headache symptoms may be incorrectly attributed to sinusitis rather than a neurological emergency.

Flu or Viral Illness

Nausea, vomiting, and headache may be misdiagnosed as a stomach virus or influenza.

Cervical Strain

Neck stiffness associated with subarachnoid hemorrhage may be mistaken for a neck muscle strain.

Anxiety or Panic Attack

In some cases, the combination of severe headache, rapid heartbeat, and anxiety is incorrectly diagnosed as a psychiatric rather than medical emergency.

Common Diagnostic Failures in Aneurysm Cases

A comprehensive study published in the National Library of Medicine analyzed 133 medical malpractice cases involving intracranial aneurysms from 2000-2020. The research identified the most common diagnostic failures [Source: PMC – Malpractice Litigation Related to Intracranial Aneurysms]:

Type of Diagnostic FailureNumber of CasesPercentage
Failure to include aneurysm in differential diagnosis (didn’t consider it as a possibility)3023%
Failure to correctly interpret CT or MRI imaging1713%
Failure to order appropriate imaging (no CT or MRI ordered)5340%
Delayed or inadequate treatment after diagnosis3728%

Key finding: In three out of four misdiagnosis cases, the failure occurred because physicians did not order brain imaging (CT scan or MRI) when symptoms warranted it.

The Devastating Consequences of Misdiagnosis

When healthcare providers fail to diagnose a brain aneurysm, the consequences can be catastrophic. Research shows that 48% of misdiagnosed patients deteriorated or experienced rebleeding before receiving definitive treatment, compared to only 2% of correctly diagnosed patients [Source: Stroke Journal].

Medical Consequences of Delayed Diagnosis

  • Aneurysm rupture: An undiagnosed aneurysm may rupture while the patient is at home or engaged in daily activities
  • Subarachnoid hemorrhage: Bleeding into the space surrounding the brain causes severe neurological damage
  • Brain damage: Oxygen deprivation and bleeding destroy brain tissue
  • Stroke: Blood flow interruption causes permanent neurological deficits
  • Coma: Severe brain injury may result in prolonged unconsciousness
  • Paralysis: Damage to motor control areas causes partial or complete paralysis
  • Cognitive impairment: Memory problems, difficulty concentrating, and personality changes
  • Seizure disorders: Brain damage may cause recurring seizures
  • Death: Approximately 50% of ruptured aneurysms are fatal

Long-Term Impact on Quality of Life

Among survivors of ruptured brain aneurysms, approximately 66% suffer permanent neurological deficits [Source: Brain Aneurysm Foundation]. These can include:

  • Difficulty speaking or understanding language
  • Vision problems or blindness
  • Difficulty swallowing
  • Weakness or paralysis on one side of the body
  • Memory and concentration problems
  • Emotional and behavioral changes
  • Chronic headaches
  • Fatigue and reduced stamina
  • Need for long-term care or assistance with daily activities

Research shows that only 53% of misdiagnosed patients achieve good or excellent outcomes, compared to 91% of correctly diagnosed patients — highlighting how critical early, accurate diagnosis is for survival and recovery.

Proper Diagnostic Tests for Brain Aneurysms

When a patient presents with symptoms consistent with a brain aneurysm, healthcare providers should order appropriate diagnostic imaging. The choice of test depends on whether the aneurysm is suspected to be ruptured or unruptured.

CT Scan (Computed Tomography)

Best for: Suspected rupture/bleeding

Non-contrast CT scan is the initial test of choice for suspected subarachnoid hemorrhage. It can detect acute bleeding in over 90% of patients scanned within 48 hours of rupture [Source: Medscape – Brain Aneurysm Imaging].

Advantages:

  • Fast (completed in minutes)
  • Widely available 24/7
  • High sensitivity for acute bleeding
  • No absolute contraindications

Limitations: Sensitivity decreases significantly after 48 hours as blood is reabsorbed.

CT Angiography (CTA)

Best for: Detecting aneurysms and planning treatment

CTA uses contrast dye to create detailed 3D images of blood vessels. It can accurately detect and measure aneurysms larger than 3mm [Source: BIDMC].

Advantages:

  • Less invasive than traditional angiogram
  • Provides detailed, high-resolution images
  • Quick and widely accessible
  • Preferred initial test in emergency situations

MRI and MRA (Magnetic Resonance Angiography)

Best for: Unruptured aneurysms and screening

MRI and MRA use magnetic fields to create detailed brain images without radiation. MRA is particularly useful for detecting unruptured aneurysms.

Advantages:

  • No radiation exposure
  • Can detect small aneurysms
  • Suitable for regular monitoring
  • 100% sensitivity for detecting subarachnoid hemorrhage using FLAIR sequences (compared to 66% for CT in some studies)

Limitations: 77% of aneurysms smaller than 4mm may not be detected [Source: PMC – Evaluating Cranial Aneurysms].

Digital Subtraction Angiography (DSA)

Best for: Gold standard diagnosis and treatment planning

Traditional angiography remains the gold standard for diagnosing brain aneurysms. A catheter is inserted into an artery and contrast dye is injected to create detailed images of blood vessels.

Advantages:

  • Highest spatial resolution (0.15mm for 3D rotational angiography)
  • Most accurate for small aneurysms
  • Provides 3D view for surgical planning

Limitations: More invasive than other imaging methods, small risk of stroke or bleeding from catheter insertion.

Brain Aneurysm Misdiagnosis and New York Medical Malpractice Law

In New York, when a healthcare provider’s negligence in diagnosing a brain aneurysm causes serious injury or death, victims and their families have the right to pursue a medical malpractice claim. Understanding the legal framework is essential for protecting your rights.

Elements of a New York Medical Malpractice Claim

To successfully prove medical malpractice for brain aneurysm misdiagnosis in New York, you must establish four legal elements by a preponderance of the evidence [Source: DeFrancisco & Falgiatano Law]:

1. Duty of Care

You must prove that a doctor-patient relationship existed, establishing that the healthcare provider owed you a professional duty of care. This is typically straightforward to establish through medical records documenting your visit and treatment.

2. Breach of Standard of Care

You must demonstrate that the healthcare provider’s actions fell below the accepted standard of care for medical professionals in similar circumstances. This requires expert testimony from qualified medical professionals who can explain:

  • What a reasonably competent doctor should have done given your symptoms
  • How the defendant’s actions departed from this standard
  • Whether appropriate diagnostic tests (CT, MRI, CTA) should have been ordered

3. Causation

You must prove that the breach of standard of care directly caused your injuries. This requires showing:

  • An earlier, correct diagnosis would have led to timely treatment
  • Timely treatment would have prevented or minimized your injuries
  • The delay in diagnosis directly resulted in aneurysm rupture or worsened neurological damage

Expert medical testimony is critical to establishing this causal connection.

4. Damages

You must document actual harm resulting from the misdiagnosis, which can include:

  • Economic damages: Medical bills, rehabilitation costs, lost wages, reduced earning capacity, future care needs
  • Non-economic damages: Pain and suffering, disability, loss of enjoyment of life, emotional distress
  • Wrongful death damages: If the misdiagnosis resulted in death, the estate can recover funeral expenses and loss of financial support

New York’s Statute of Limitations

In New York, you generally have 2 years and 6 months from the date of the alleged malpractice to file a medical malpractice lawsuit. However, there are important exceptions:

  • Continuous treatment doctrine: If you continued treatment with the same provider, the statute may not begin until treatment ends
  • Foreign object exception: For surgical instruments or materials left in the body, you have 1 year from discovery
  • Minors: For children under 18, special rules may extend the filing deadline
  • Wrongful death: Wrongful death claims must be filed within 2 years of death

Because these deadlines are strictly enforced, it’s critical to consult with a New York medical malpractice attorney as soon as possible after discovering the misdiagnosis.

Case Outcomes and Compensation in Brain Aneurysm Malpractice Cases

Brain aneurysm misdiagnosis cases often result in significant compensation due to the severity of injuries involved. Research on malpractice litigation provides insight into typical case outcomes.

Settlements and Verdicts

According to data from 133 intracranial aneurysm malpractice cases (2000-2020) [Source: PMC – Malpractice Litigation Related to Intracranial Aneurysms]:

Trial Verdicts (70 cases)

  • Defendants prevailed: 63% of cases
  • Plaintiffs prevailed: 37% of cases
  • Average plaintiff award: $12.6 million
  • Range: $0 to $112 million
  • Notable imaging misinterpretation verdicts: $4 million and $43 million

Settlements (52 cases)

  • Average settlement: $1.49 million
  • Range: $25,000 to $4.35 million
  • Undisclosed amounts: 67% of settlements

Notable Case Examples

$34.5 Million Verdict (Massachusetts, 2018)

A doctor failed to refer a patient with a diagnosed aneurysm to a specialist. The aneurysm ruptured during childbirth, causing hemorrhagic stroke and permanent brain damage. [Source: JustPoint]

$2.2 Million Verdict (2017)

Emergency physicians sent a patient home after severe headache without ordering imaging. The aneurysm ruptured hours later, causing permanent brain damage and requiring lifelong care.

Factors Affecting Compensation

Several factors influence the amount of compensation in brain aneurysm misdiagnosis cases:

  • Severity of injury: Permanent paralysis, coma, or death result in higher awards than temporary impairment
  • Age of victim: Younger victims typically receive higher awards due to longer life expectancy and lost earning potential
  • Economic losses: Extensive medical bills, rehabilitation needs, and lost income increase damages
  • Quality of life impact: Need for long-term care, inability to work, and loss of independence
  • Strength of evidence: Clear documentation of negligence and causation improves outcomes
  • Expert testimony: Compelling expert witnesses can significantly influence jury decisions

Who Can Be Held Liable for Brain Aneurysm Misdiagnosis?

Multiple healthcare providers and institutions may potentially be held liable for failure to diagnose a brain aneurysm:

Emergency Physicians

ER doctors who fail to order appropriate imaging for patients presenting with severe “thunderclap” headaches, or who discharge patients without proper workup.

Liability factor: Emergency departments generated 22% of aneurysm malpractice cases in research studies.

Primary Care Physicians

PCPs who dismiss sentinel headaches as migraines or tension headaches without considering aneurysm in the differential diagnosis.

Liability factor: Primary care settings generated 23% of malpractice cases — the highest incidence.

Radiologists

Radiologists who misinterpret CT or MRI scans, failing to identify aneurysms or subarachnoid hemorrhage visible on imaging.

Liability factor: While radiologists represented only 16% of sued physicians, they accounted for most imaging misinterpretation claims.

Neurologists

Neurologists who fail to recognize classic aneurysm symptoms or who delay ordering diagnostic imaging and specialist referrals.

Neurosurgeons

Neurosurgeons who delay treatment after diagnosis or who fail to properly monitor patients with known unruptured aneurysms.

Hospitals and Medical Centers

Healthcare facilities may be vicariously liable for their employees’ negligence or directly liable for inadequate protocols, staffing, or equipment.

Steps to Take If You Suspect Brain Aneurysm Misdiagnosis

If you or a loved one suffered harm due to delayed or missed diagnosis of a brain aneurysm, taking prompt action protects your legal rights and strengthens your potential claim.

Step 1: Obtain Complete Medical Records

Request copies of all medical records related to your treatment, including:

  • Emergency room records and triage notes
  • Physician notes and discharge summaries
  • All imaging reports (CT, MRI, CTA)
  • Laboratory test results
  • Hospital admission and treatment records
  • Surgical and procedure reports

Under HIPAA, you have the right to obtain your medical records. Keep multiple copies and provide them to your attorney.

Step 2: Document Your Injuries and Treatment

Create a detailed timeline documenting:

  • When symptoms first appeared
  • All medical visits and providers seen
  • Diagnoses given at each visit
  • When the aneurysm was finally diagnosed
  • Treatments received
  • Ongoing symptoms and limitations
  • Medical expenses incurred
  • Lost income and employment impact

Step 3: Preserve Evidence

Gather and protect all evidence related to your case:

  • Photographs of injuries or physical limitations
  • Receipts for medical expenses and medications
  • Pay stubs or tax returns showing lost income
  • Written communications with healthcare providers
  • Statements from family members who witnessed your condition

Step 4: Consult an Experienced Medical Malpractice Attorney

Brain aneurysm cases are complex and require specialized legal expertise. An experienced New York medical malpractice attorney will:

  • Review your medical records
  • Consult with medical experts to evaluate whether malpractice occurred
  • Determine if you have a viable claim
  • Ensure you meet all filing deadlines
  • Handle all legal proceedings on your behalf

Most medical malpractice attorneys work on a contingency fee basis — you pay no upfront costs, and the attorney only receives payment if you recover compensation.

Step 5: Do Not Delay

New York’s statute of limitations strictly limits the time you have to file a claim. Waiting too long can permanently bar your right to compensation, regardless of how strong your case may be.

Additionally, early investigation allows your attorney to:

  • Secure witness statements while memories are fresh
  • Obtain medical records before they are lost or destroyed
  • Consult with medical experts promptly
  • Build the strongest possible case on your behalf

How Medical Experts Prove Brain Aneurysm Misdiagnosis

Expert medical testimony is essential in brain aneurysm malpractice cases. Qualified experts — typically neurologists, neurosurgeons, radiologists, or emergency medicine physicians — will review your case and testify about:

Standard of Care Analysis

Experts will explain what a reasonably competent physician should have done given your presenting symptoms. For example:

  • Symptom recognition: Whether your symptoms (severe headache, stiff neck, vision changes) warranted consideration of brain aneurysm
  • Differential diagnosis: Whether the provider should have included aneurysm or subarachnoid hemorrhage in the list of possible diagnoses
  • Diagnostic workup: Whether appropriate imaging (CT scan, CTA, MRI) should have been ordered
  • Imaging interpretation: Whether radiologists correctly interpreted scans or missed visible signs of aneurysm or bleeding
  • Referral standards: Whether timely referral to a neurologist or neurosurgeon was indicated

Causation Analysis

Experts must establish that the provider’s breach directly caused your injuries:

  • Timeline reconstruction: When the aneurysm should have been diagnosed versus when it actually was
  • Treatment availability: What treatments were available if diagnosed earlier (surgical clipping, endovascular coiling)
  • Outcome comparison: How your outcome would likely have differed with timely diagnosis and treatment
  • Injury attribution: Which injuries resulted from the delay versus the aneurysm itself

Related Brain Injury Cases

Brain aneurysm misdiagnosis is one of several types of diagnostic errors that can cause serious brain injury. Related diagnostic failures include:

If you suffered brain injury due to any type of diagnostic error in New York, understanding your legal rights is essential. Learn more about brain injury medical malpractice claims in New York.

Frequently Asked Questions About Brain Aneurysm Misdiagnosis

How common is brain aneurysm misdiagnosis?

Research published in Stroke journal found that approximately 25% of patients with brain aneurysms are misdiagnosed during their initial medical evaluation. Among patients in good clinical condition, the misdiagnosis rate rises to 38%. The most common reason for misdiagnosis is failure to order appropriate brain imaging — occurring in 75% of cases.

What are the warning signs of a brain aneurysm that doctors should recognize?

Healthcare providers should recognize these warning signs of brain aneurysm: sudden severe “thunderclap” headache (often described as the worst headache of one’s life), sentinel headaches occurring days or weeks before major rupture, stiff neck, nausea and vomiting, blurred or double vision, sensitivity to light, dilated pupils, loss of consciousness, and seizures. Any patient presenting with sudden severe headache should receive immediate brain imaging.

What diagnostic tests should be performed if a brain aneurysm is suspected?

When brain aneurysm is suspected, appropriate diagnostic tests include: (1) Non-contrast CT scan — the initial test of choice for suspected rupture, detects bleeding in over 90% of cases within 48 hours; (2) CT angiography (CTA) — provides detailed 3D images of blood vessels and can detect aneurysms larger than 3mm; (3) MRI and MRA — useful for detecting unruptured aneurysms without radiation; (4) Digital subtraction angiography (DSA) — the gold standard for diagnosis and treatment planning, offering the highest resolution imaging.

What happens if a brain aneurysm is misdiagnosed and ruptures?

When a brain aneurysm is misdiagnosed and subsequently ruptures, the consequences can be catastrophic. Approximately 50% of ruptured brain aneurysms are fatal. Among survivors, about 66% suffer permanent neurological deficits including paralysis, speech problems, vision loss, cognitive impairment, memory problems, and personality changes. Research shows only 53% of misdiagnosed patients achieve good outcomes compared to 91% of correctly diagnosed patients, demonstrating the critical importance of timely diagnosis.

How long do I have to file a medical malpractice lawsuit for brain aneurysm misdiagnosis in New York?

In New York, the statute of limitations for medical malpractice claims is generally 2 years and 6 months from the date of the alleged malpractice. However, several exceptions may apply: the continuous treatment doctrine may extend the deadline if you continued treatment with the same provider; for minors under 18, special rules may apply; and wrongful death claims must be filed within 2 years of death. Because these deadlines are strictly enforced, it’s critical to consult an attorney as soon as possible.

What compensation can I receive for brain aneurysm misdiagnosis in New York?

Compensation in brain aneurysm misdiagnosis cases can be substantial due to the severity of injuries. Based on litigation data from 2000-2020, average trial verdicts for plaintiffs averaged $12.6 million (ranging from $0 to $112 million), while settlements averaged $1.49 million (ranging from $25,000 to $4.35 million). Compensation can include economic damages (medical expenses, rehabilitation costs, lost wages, future care needs) and non-economic damages (pain and suffering, disability, loss of enjoyment of life). In wrongful death cases, families can recover funeral expenses and loss of financial support.

Who can be held liable for failure to diagnose a brain aneurysm?

Multiple parties may be held liable for brain aneurysm misdiagnosis: (1) Emergency physicians who fail to order imaging for severe headaches; (2) Primary care physicians who dismiss sentinel headaches as migraines without proper workup; (3) Radiologists who misinterpret CT or MRI scans; (4) Neurologists who fail to recognize classic symptoms; (5) Neurosurgeons who delay treatment after diagnosis; and (6) Hospitals and medical centers through vicarious liability for employee negligence or direct liability for inadequate protocols or equipment.

How do I prove medical malpractice for brain aneurysm misdiagnosis?

To prove medical malpractice for brain aneurysm misdiagnosis in New York, you must establish four elements: (1) Duty of care — proving a doctor-patient relationship existed; (2) Breach of standard of care — showing the provider’s actions fell below accepted medical standards, typically requiring expert testimony; (3) Causation — demonstrating that the breach directly caused your injuries and that earlier diagnosis would have prevented harm; and (4) Damages — documenting actual harm including medical expenses, lost income, pain and suffering, and disability.

What should I do if I suspect my doctor missed a brain aneurysm?

If you suspect brain aneurysm misdiagnosis: (1) Obtain complete medical records including all imaging reports, physician notes, and test results; (2) Document your injuries, symptoms, treatments, and expenses in detail; (3) Preserve all evidence including photographs, receipts, and witness statements; (4) Consult an experienced New York medical malpractice attorney immediately — most work on contingency (no upfront costs); and (5) Do not delay, as New York’s statute of limitations strictly limits filing time, and early investigation strengthens your case.

Are some people at higher risk for brain aneurysms?

Yes, certain factors increase brain aneurysm risk: (1) Family history — if two or more family members had aneurysms, you face about 20% risk; (2) Gender — women are 1.5 times more likely than men to have aneurysm ruptures; (3) Age — most develop after age 40, with highest prevalence between 35-60; (4) Ethnicity — African-Americans and Hispanics face about twice the rupture risk compared to Caucasians; (5) Smoking and high blood pressure significantly increase risk. People with these risk factors should be especially vigilant about reporting severe headaches to healthcare providers.

Contact a New York Brain Injury Attorney

Brain aneurysm misdiagnosis cases are among the most complex and serious medical malpractice claims. If you or a loved one suffered a ruptured aneurysm, brain damage, or death due to a healthcare provider’s failure to diagnose a brain aneurysm in New York, you deserve experienced legal representation to protect your rights and pursue maximum compensation.

Our network connects victims with qualified New York medical malpractice attorneys who have successfully handled brain aneurysm misdiagnosis cases. These attorneys understand the medical complexities involved, work with leading neurology and neurosurgery experts, and have recovered millions of dollars in compensation for brain injury victims.

Time is critical. New York’s statute of limitations strictly limits how long you have to file a claim. Don’t wait until it’s too late.

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