Exasperated? Jahi McMath had her tonsils removed on Dec. 9, 2013, when she was 13, and was declared brain dead three days later. OAKLAND, CA (KGO) -- A young girl from Oakland is brain dead after going into surgery to have her tonsils removed. For starters they allowed a 13-year old girl to get so fat that she developed sleep apnea, which is neglectful/abusive parenting on its own IMO. This led to a bioethical debate engendered by her family's rejection of the medicolegal findings of death in the case, and their efforts to maintain her body using mechanical ventilation and other measures. DOI: 10.1002/hast.961 Figure 1. McMath was acquitted of battering an officer during the encounter, and a resisting arrest count was dismissed. [61], McMath's family and Bruce Brusavich, the family's malpractice attorney, have indicated that they are prepared to argue that McMath is not brain dead, so that the California state limit of $250,000 on medical malpractice lawsuits involving children who die does not apply in her case. Nearly five years after being declared brain-dead and placed on a ventilator at the insistence of a devoted mother who maintained she was alive and improving, Jahi McMath was laid to rest Friday in East Oakland. . After the surgeries were performed, McMath was conscious and according to her mother, Latasha "Nailah" Winkfield, asked for a Popsicle while in the recovery room. According to McMath's doctors at Children's Hospital Oakland, the loss of blood circulation caused whole brain death. It could only muddy the picture for the family, prolonging what we knew to be inevitable: the withdrawal of life-sustaining treatment and the death of their child. "Jahi's life IS worth the fight. These last four-and-a-half years have not been easy, Winkfield said. In the following days, she no longer questioned the validity of the results of the examination but described what she saw: her son, who looked the same as he did on the day he arrived at our hospital. She silenced her music, and we followed her cues that it was time to leave. 5. The headlines were gut wrenching, with media locally, nationally, and internationally reporting on the case of the family who was fighting against the brain death determination of their previously healthy child. It is important to consider the ways in which we, as providers and staff, reinforce the fears people have about us. The McMath Effect,7 the rejection of a brain death determination by families, has been written about in the years after her brain death determination. [49][50], According to media reports,[51] McMath was at a Catholic hospital in New Jersey[52] until August 2014,[53] after which she was moved to a New Jersey apartment. Upon issuance of a death certificate shortly after the declaration of brain death . FOIA Tara asked us why people expected her to be sitting bedside and sobbing. Hastings Cent Rep. 2018 Nov;48 Suppl 4:S74-S76. Potentially. Well, sort of. Thank you to Seattle Childrens Division of Bioethics and Palliative Care. Anonymous. Jahi McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead. Clipboard, Search History, and several other advanced features are temporarily unavailable. During a news conference held Tuesday at the San Francisco office of her pro bono lawyer, Christopher Dolan, Nailah Winkfield insisted the doctors would have fought harder to save Jahi had she been white. It was only in more recent articles describing Jahi being buried nearly 5 years after being declared brain-dead2 that more information about her was published: that purple was her favorite color, that she wanted to be a doctor when she grew up, that she wanted to be married and have twins. She asked aloud where Jonathan would go for care after the hospital. We thanked them for sharing such an important part of their story, finally understanding their resistance. McMath was declared dead in December 2013 when she was 13 after suffering irreversible brain damage during routine surgery in California to remove her tonsils. Essentially, the way we frame prognostications with families can create a profound sense that the line between fighting for their child and protecting their child from us becomes blurred. This is evidenced by my own experience working with families who feel marginalized or voiceless in the machine of their childs care. Catherine E. Shoichet, Jason Hanna, Ashley Fantz, Joe Sutton and Nadia Kounang contributed to this report. The Benioff Children's Hospital said in a statement to ABC News that its heart continues to go out to the family. Jahis chart reflected a passive response to the concerns of her family. I am relieved for her. Girl declared brain-dead 5 years ago dies in New Jersey. Jahi died on June 18, 2018, from abdominal complications. Rachel Swan is a San Francisco Chronicle staff writer. Her case represents an instance of a false-positive diagnosis of brain death, unquestionably made according to both the pediatric and adult guidelines, reinforced by four false-positive EEGs and a false-positive radionuclide blood flow test. She literally had zero brain activity and was dead. In many other circumstances, clinicians are asking families to do this very thing. Jahi's relatives also thanked their other supporters. And let's say just for arguments sake, the girl was aware of her surroundings. The Jahi McMath case involved a teenage girl who was declared brain dead in California following surgery in 2013 at age 13. Nailah Winkfield, mother of 13-year-old Jahi McMath, cries before a courtroom hearing regarding McMath, on Dec. 20, 2013, in Oakland. Jahi McMath, the 13-year-old girl on a ventilator who was declared brain dead by doctors in California after tonsil surgery, was released from a hospital. Supporting her are McMath's stepfather Marvin Winkfield, left, and family attorney Christopher Dolan. The discovery came months after three doctors, including one appointed by a judge, declared McMath brain-dead, and Alameda County issued a death certificate after her Dec. 9 sleep apnea surgery . They had experience and faith backing them up. Attorney Chris Dolan said the New Jersey death certificate eliminated that argument, but he and Winkfield are still debating whether to continue the fight and possibly set a precedent so other religious families dont have to go through the same situation. A judge has concluded that 13-year-old Jahi McMath, who suffered complications after tonsil surgery, is brain dead.. She underwent surgery on December 9, 2013 at the Childrens Hospital & Research Center Oakland. 2022 Dec 19;82(1):6-20. doi: 10.1093/jnen/nlac090. There would be no brain death testing, they informed us flatly, because they felt the warmth of his skin and saw the color of a person who was very much alive, even noting that if they talked with him and touched him, he was able to give a thumbs up. Reems Academy on MacArthur Boulevard. Her case challenges the very nature of existence", https://en.wikipedia.org/w/index.php?title=Jahi_McMath_case&oldid=1142170688, Settlement conference rendered mutually accepted agreement, motion denied as moot, VACATED, This page was last edited on 28 February 2023, at 22:22. [60] The lawsuit alleges that the surgeon noted an abnormal artery in McMath's throat but did not notify the nurses that this placed the girl at increased risk for serious hemorrhaging. He has reported and edited for Bay Area newspapers since he graduated from UC Davis, covering courts, crime, environment, science, child abuse, education, county and city government, and corruption. No words were spoken. The girl choked on the cheeseburger, and the grandmother (who's a supposedly a licensed practical nurse) grabbed the suction device and suctioned Jahi herself rather than . She wasnt a vegetable or a fully paralyzed person with a consciousness. All Access Digital offer for just 99 cents! Nearly five years after being declared brain-dead and placed on a ventilator at the insistence of a devoted mother who maintained she . Family wants to keep life support for girl brain dead after tonsil surgery. Some medical ethicists have said the case has fed into a misperception that brain death is not death; that somehow, the body can live on, and that is life. Jahi underwent tonsil surgery at Children's Hospital on Dec. 9 to treat sleep apnea. The Terri Schiavo Life & Hope Network, which has supported Jahi's family throughout the ordeal, said in October that the teen was "showing signs that may prove the hospital designation wrong." When Jahi McMath was declared brain-dead by the hospital, her family disagreed. All Rights Reserved. She sold her house in Oakland and quit her job to care for Jahi, who she said could move her fingers in response to commands and even began menstruating. The family's experiences were described in a recent New Yorker article that went viral on the internet and has reignited . — -- A year after the tonsil surgery complication that led doctors to declare then-13-year-old Jahi McMath brain dead, she is still on a ventilator, "alive and well," her family wrote on its public Facebook page. Jahi McMath is brain dead after going into surgery to have her tonsils removed. Your effort and contribution in providing this feedback is much Accessibility The family of Jahi McMath, a 13-year-old girl who was declared brain-dead after a tonsillectomy last December, say they have proof she's alive. ", "McMath attorney: Jahi's family aren't fools; they deserve better than ignorant attacks", "A Tragedy Compounded: The Heart-Wrenching Case of Jahi McMath May Have Devastating Consequences to Organ Donation", "How an Outdated California Law Is Impacting the Jahi McMath Case", "Jahi McMath's family to get award from Terri Schiavo foundation", "Jahi McMath's Family to Be Honored by Terri Schiavo Network", "Jahi McMath being kept at New Jersey hospital", "13-Year-Old Jahi McMath Moved To New Jersey Hospital, Lawyer Says Condition Improving", "Why Jahi McMath's Mom Is Sure Her Daughter Isn't Brain Dead", "Doctor: No evidence of life in brain-dead girl", "Stanford doctor who examined Jahi McMath last year sticks by diagnosis that she is brain-dead", "Jahi McMath hearing postponed after doctor's determination", "Family seeks medical consensus for California girl declared brain dead", "New Documentation presented by Jahi's Attorney is not enough, says Dr. Paul Fisher", "Teen's case adds to debate over brain death", "Family of Jahi McMath sues doctor, Oakland hospital over brain damage", "Family of N.J. girl declared dead files malpractice suit claiming hospital pressured them for organs", "Judge weighs in on whether Jahi McMath is brain dead", "Jahi McMath death could have costly implications in civil case against hospital, doctors", Areas of persisting controversy in brain death, "What Does It Mean to Die? She said her Christian beliefs compelled her to fight for continued care for her daughter, who she said showed signs of life through toe wriggles and finger movements. Unfortunately, that is not always the case. So if death by neurologic criteria is muddy for us, how can we expect a family who has experienced the trauma of their child going into a surgery, and then later exsanguinating, to find it to be clear? Jahi McMath had her tonsils . God bless you.". Childrens Hospital lawyers had argued that the family did not subject McMath to tests accepted by the American Medical Association to determine brain death. Navigating the complexity of brain death, especially when there is a traumatic element to the injury, requires medical institutions and clinicians to use a trauma-informed approach to care combined with limitless compassion and empathy. It was hoped these procedures would provide improved airflow during her sleep at night. Jahi McMath, an Oakland teenager whose brain-death following a routine tonsil surgery in 2013 created national headlines, died on June 22, according to the family's attorney. In 2013, Jahi experienced a severe bleeding event after throat surgery and a subsequent cardiac arrest . No one anywhere would wish this to happen to anyone. This echoes the perception of Jahis mother, Nailah Winkfield, who spoke of the medical team at Jahis funeral: Stop pulling the plug on your people. Staff writer Malaika Fraley contributed to this report. Shortly after waking up from her tonsil-removal surgery, Jahi McMath started coughing up blood. I can go to sleep knowing I did everything possible for my kid and no one can take that away from me.. She unpeeled each photograph from the wall of the ICU room where they had held the vigil and began her journey back home, many weeks after the initial suspicion of brain death was discussed. (Dan Honda/Staff), Jahi McMath, 13, who went to Children's Hospital Oakland for a three-part surgery to remove her tonsils and clear tissue from her nose and throat in December 2013, was declared brain-dead after complications post surgery. Instead of beginning with less invasive approaches, such as prescribing a CPAP machine to facilitate breathing while asleep, an ear-nose-and-throat surgeon . Upon issuance of a death certificate shortly after the declaration of brain death, Jahi was transferred from California to New Jersey, where the law includes a religious exemption from the neurologic determination of death. Copyright 2020 by the American Academy of Pediatrics, This site uses cookies. With these questions in mind, I return to the words of those closest to Jahi: her family. By continuing to use our website, you are agreeing to, https://www.newyorker.com/magazine/2018/02/05/what-does-it-mean-to-die, https://www.sfgate.com/bayarea/article/Nearly-5-years-after-being-declared-dead-Oakland-13055330.php, https://www.sfgate.com/bayarea/article/Family-says-Jahi-McMath-on-life-support-since-13035873.php, https://www.psychologytoday.com/us/blog/modern-day-slavery/201707/trauma-informed-care-and-why-it-matters, https://www.thehastingscenter.org/no-one-listening-us-lessons-jahi-mcmath-case/, https://www.centerforhealthjournalism.org/2018/09/04/mcmath-saga-shows-why-reporters-need-be-clear-when-covering-brain-death-cases, Copyright American Academy of Pediatrics. [43], This case has prompted some commentators to discuss the futility of life support in such cases and even refer to it as "death support". Our goal was not to make gains, but to be invited back. Dozens of mourners streamed into Acts Full Gospel Church to memorialize the Oakland teen whose throat surgery gone awry inspired the latest national debate over the meaning of death. Someone performed surgery on her?!? An official website of the United States government. Jahi McMath, 13, who went to Children's Hospital Oakland for a three-part surgery to remove her tonsils and clear tissue from her nose and throat in December 2013, was declared brain-dead after . However, time is not enough. Definitely. Her family disagreed with the declaration. Do Not Sell or Share My Personal Information. Seattle Childrens Hospital, Seattle, Washington. This isnt Nisenbaums first time representing Milton McMath. Jahis stepfather, Marvin Winkfield, originally was a plaintiff in the first lawsuit, but the judge ruled he had no legal standing. [14] The family also claims that the hospital pressured them to donate McMath's organs. They will also recall those of us who did or did not see the humanity of their child as they navigated this journey. Finally, thank you to the families that shared their stories so generously. Families benefit enormously from the empowerment that comes from telling their stories, sharing their beliefs and hopes, and being heard and taken seriously. Nailah Winkfield leaves a funeral for her daughter Jahi McMath on Friday, July 6, 2018, in Oakland, Calif. Grief makes you do odd things sure, but they succumbed to greed pretty fast when they saw that people were willing to send them donations. Girl Moved Meanwhile, a judge this week gave the hospital permission to remove the girl's ventilator after 5 p.m. Monday, so Winkfield still . My hope is that each family that walks into a hospital seeking care for medical concerns leaves feeling a sense of trust in medicine. I know that sounds so harsh and morbid but this poor girl was dead in 2013. His lawsuit, which is nearly identical to the claim filed by Jahis mother, Nailah Winkfield, will likely be consolidated as the complicated case slowly crawls through Alameda County Superior Court, attorneys have said. If not, isn't that a bit problematic, to have two official dates of death for the same person, in two different states, with two different causes? Jahi's family successfully fought a legal battle to keep her on life support after doctors at the Benioff Children's Hospital in Oakland, California, said the hospital could no longer care for her because she was brain dead. There she became statutorily resurrected and was treated as a comatose, living patient for the next four and a half years. 2. On Dec. 19, 2013, 10 days after Jahis surgery, the case returned to an Alameda County court and McMath was ordered to start paying $388 a month in child support, according to court documents, due to a change of income/circumstances.. In January 2014, the hospital released the teen, and the family had her transferred to an undisclosed location for treatment and care. . Mother had refused to accept her daughter was brain dead, but said the girl died after surgery last week. 11:16 AM EDT, Fri June 29, 2018, See the latest news and share your comments with CNN Health on. Jonathan was a 17-year-old young man who spent a lot of time outdoors to escape the stressors of depression and anxiety (a relatively new diagnosis for him), for which he was undergoing treatment. Jahi wasnt brain dead or any kind of dead, Winkfield said. Jahi McMath was a 13-year-old girl who was declared brain dead on December 12, 2013, after a hemorrhagic complication following complex oropharyngeal surgery. doi: 10.1002/hast.962. She was having internal bleeding due to kidney and liver failure, so her doctors removed her from life support, allowing her heart to stop. On Dec. 19, 2013, 10 days after Jahi's surgery, the case returned to an Alameda County court and McMath was ordered to start paying $388 a month in child support, according to court documents . We learned that Jonathans mother, Tara, would not engage in a meaningful way with the medical teams that were supporting them. CNN has not independently verified Dolans accounts about whats happened to the California teen or the status of her health. A worker at Acts Full Gospel Church places a photo of Jahi McMath before her funeral on Friday, July 6, 2018, in Oakland, Calif. Kaylah Lillard, second from left, cries during a funeral for her friend Jahi McMath on Friday, July 6, 2018, in Oakland, Calif. Mourners look at photos of Jahi McMath during her funeral on Friday, July 6, 2018, in Oakland, Calif. Nailah Winkfield, left, arrives at a funeral for her daughter Jahi McMath on Friday, July 6, 2018, in Oakland, Calif. At right is Wanda Johnson, whose son Oscar Grant was killed by a BART police officer in 2009. The girl, Jahi McMath, was declared brain-dead after complications from surgery on Dec. 9 at Children's Hospital Oakland, which wanted to remove her from a ventilator. Ultimately, Tara decided to donate Jonathans organs, which was the only way she could make sense of what happened. Her death came after four years of her family fighting in . "[13][54][55][56][58][59], In March 2015, McMath's family filed a malpractice lawsuit against Children's Hospital Oakland and Frederick Rosen, the surgeon who performed McMath's surgery. It mirrored the calm and passive communication culture of our institution. They said she died on June 22, from bleeding due to liver failure and a brain injury caused by lack of oxygen. Her parents considered these measures to constitute life support . Unable to load your collection due to an error, Unable to load your delegates due to an error. Rumor has it that they smuggled a cheeseburger into the ICU and fed it to Jahi because she was hungry - this is of course absolutely contraindicated after such surgery. If dead, the case would be a wrongful-death lawsuit with a $250,000 cap on damages, whereas if she is determined to be alive, damages could potentially reach many millions of dollars. [3][4][5][6][7][8] In October 2014, the McMath family attorney made the unprecedented request that Jahi McMath's brain death declaration be overturned. The attorney later withdrew this request, saying he wanted time for the court-appointed medical expert and his own medical experts to confer. Then their behavior in the hospital was delightfully ghettotastic. In the season's highest-profile case of alleged medical negligence, 13-year-old Jahi McMath, described as suffering from sleep apnea, went in to Oakland Children's Hospital for surgery. Neurocrit Care. Within hours of the procedure, blood began gushing from her mouth and nose, filling a bucket at her bedside. Jahis case gained worldwide attention after her family refused to take her off life-support machines, declining to accept numerous doctors determinations that she was brain-dead. Jahi's mother, Nailah Winkfield, has said her daughter responds to verbal commands. The Family took the Christmas tree from the hall way and . She went into cardiac arrest and was declared brain-dead, over objections from her mother and stepfather. To Jahis mother, the years in New Jersey were both a hardship and a victory. A Childrens Hospital Oakland spokeswoman said the hospital had yet to be served with the latest lawsuit, and she declined to comment. McMath's mother stated she was honored to receive the award and referred to her daughter as still asleep, clarifying that she does not use the phrase "brain dead" to refer to her daughter. The voices of Tara and Nailah, despite being separated by miles and years, seemingly were asking for the same thing. We, as clinicians, are skilled in disassociating the child from the patient. [64], Last edited on 28 February 2023, at 22:22, United States District Court for the Northern District of California, "Winkfield v. Childrens Hospital Oakland et al Docket Report", "Winkfield v. Childrens Hospital Oakland et al - Document 18", "Judge: California teen is brain dead after tonsil surgery", "Family, ethics, medicine and law collide in Jahi McMath's life - or death", "The Ethics Of Being Brain Dead: Doctors And Bioethicists Discuss Jahi McMath And Marlise Munoz", "In Jahi McMath saga, science and religion clash", "Jahi McMath: Expert criticizes keeping girl on ventilator", "Jahi McMath: Family seeks to have brain-death ruling overturned, girl declared alive", "Videos show Mom coaxing, Jahi McMath moving", "Jahi McMath: Attorney shows video he says proves Oakland girl moves feet, hands at mother's commands", "Tests show Jahi McMath has brain activity, lawyer says", "One Year Later, Jahi McMath Remains On Ventilator, Feeding Tubes After Fateful Tonsillectomy", "Jahi McMath: Oakland girl's family sues hospital, surgeon", "Jahi McMath, California teen at center of brain-death controversy, has died", "Judge grants restraining order keeping brain dead Oakland girl on ventilator through Monday", "Jahi McMath, Girl Left Brain Dead From Routine Tonsillectomy, To Be Kept On Life Support", "Statements in Response to Media Coverage December 2013", "Document: Appeal describes Jahi McMath's post-surgical bleeding before heart attack, brain death", "Oakland: Emotional letter from Jahi McMath's mom to keep daughter 'warm', "Jahi McMath's family, Oakland hospital discussing girl's transfer", "Judge Orders Oakland Hospital to Keep Jahi McMath on Life Support", "Hospital agrees to let Jahi McMath family take girl", "Jahi McMath Family Cleared to Take Brain-Dead Teen From Hospital", "Jahi McMath, brain-dead teen, transferred to undisclosed location", "OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER LIFE SUPPORT AND THE INSTALLATION OF A TRACHEOSTOMY TUBE AND GASTRIC FEEDING TUBE TO ALLOW TRANSPORTATION OF JAHI MCMATH", "Jahi McMath Case Renews Moral Debate Over Brain-Death Diagnoses", "Calif. judge: Brain-dead teen can be taken off life support", "Children's Hospital Oakland, Petitioner's Writ Petition Mcmath-12302013", "Jahi McMath: Judge denies petition to keep girl on ventilator past Dec. 30", "Document: Hospital's petition opposing an independent expert, asking to lift the order to keep Jahi McMath on life support", "Extension Granted to Keep Jahi McMath on Life Support", "Hospital says conditions must be met for Jahi McMath's transfer", "Jahi McMath's family seeks to move brain-dead girl to another facility", "Catholic Organization Says Jahi McMath "With Jesus Christ", "Jahi McMath: Mom can remove brain-dead daughter from hospital, judge rules", "Jahi McMath's body released from hospital", "Jahi McMath: 13-year-old brain-dead Oakland girl moved by family from hospital", "Brain dead girl Jahi McMath released from California hospital", "Lawyer for Jahi McMath's family says brain dead teen is on feeding tube and 'improving', "When 'life support' is really 'death support', "Jahi McMath: Could her case change how California determines death? J Neuropathol Exp Neurol. Back to home page. Rachel Swan is a breaking news and enterprise reporter. SEE ALSO: Jahi McMath: Family Wants Brain-Dead Calif. In this case-based narrative discussion we consider the complexity of the family experience of brain death. Jahi McMath, an Oakland teenager whose brain-death following a routine tonsil surgery in 2013 created national headlines, died on June 22, according to the familys attorney. She was a daughter who loved the color purple and dreamed of being a doctor and mothering twins. The bioethical consequences of a nonnegligible risk of false-positive declaration of death are profound. Nisenbaum said his client had no custodial rights to Jahi, but he was trying to rekindle a relationship with her before the surgery. Jahis family saw their defenseless, purple-loving child needing help. She eventually was moved to a long-term care facility in New Jersey. Though the memorial service had political undertones, many attendees focused on happy memories of Jahi. July 6, 2018 Updated: July 7, 2018 1:45 p.m. 9. government site. His skin was perfect, and he was not decaying. She died at home surrounded by her mother, Nailah Winkfield, stepfather Marvin Winkfield and sister, according to the statement. She was not mourning. I hate to be harsh, but how selfish are the girl's parents in saying we want to see her wiggle her toes and be trapped on a hospital bed never to communicate and be a slave to her inner thoughts. In a pretrial conference on December 23, Judge Evelio Grillo appointed Paul Graham Fisher, the chief of Child Neurology at Stanford University School of Medicine, to provide an independent medical opinion regarding the declaration of brain death. Press J to jump to the feed. As sad as it is this is what needed to happen. Robert D. Truog, "Lessons from the Case of Jahi McMath," Defining Death: Organ Transplantation and the Fifty-Year Legacy of the Harvard Report on Brain Death, special report, Hastings Center Report 48, no. My hope is that even in our frustration as providers with how Jahis McMath story played out and regardless of how you view brain death, we can step back and remember that Jahi McMath is not just a lesson learned but someones child. Jahi McMath, 13 . The body of Jahi McMath, the 13-year-old California girl declared brain dead after suffering complications from routine tonsil surgery, has been released to her mother by coroners, the hospital . McMath claimed he was beaten by a number of police officers with a flashlight, nightstick, fists and pepper spray, losing a tooth in the struggle. Discuss it all here. Chest. In 2002, when Jahi was 1, a governmental complaint to establish parental relationship was filed on behalf of Jahi, and the court ordered child support payments reserved, meaning McMath did not have to pay anything. After she awoke from the operation, her family said, she started bleeding heavily from her mouth and went into . Yet as Jahis body lay peacefully in its purple coffin, her familys legal fight waged on. It is graphic, be warned. "Without him, they would have killed, Jahi," the family wrote on Facebook. [20] The Family took the Christmas tree from the hall way and . The pride in their child is balanced with a healthy dose of I told you so and often impacts the ability to hear new prognostications. From the 10000-foot view, maybe it does not, but the elements of her humanity, of her personhood, matter so much. [14] Additionally, the lawsuit alleges that McMath bled from approximately 7:30p.m. to 12:35a.m.,[14] that a doctor said [expletive], her heart stopped when he arrived hours after the family said they requested a doctor,[60] and that the family was given conflicting information from nurses regarding how to care for McMath's bleeding.

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