Then suddenly the system is broken. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. I suspect the vast majority of these hearing loss and tinnitus lawsuits are strong claims. Only after 3M was unhappy with the results of the bellwether trials that it shifted its strategy. In response, lawyers for the earplug plaintiffs have stated that while they are not necessarily opposed to the appointment of Judge Carr, they want to make sure that it will not have any impact on the jurisdiction of the MDL court. Last week, the MDL judge granted a motion filed by Beal which effectively blocks 3Ms defense team from presenting their contributory negligence and other affirmative defenses at trial. April 7, 2022 Update: 3M presented two expert witnesses on Day 7: Jennifer LaBorde and Dr. John Casali. If you used 3Ms Combat Arms Earplugs in the military and have a severe hearing impairment, you may be entitled to financial compensation for your injury. This ruling would have circumvented 3Ms current effort to force the earplug claims to be resolved in the Aearo bankruptcy. Justice triumphs (this time). January 20, 2023 Update: On Wednesday, the Judge in the 3M earplugs MDL canceled the court-sponsored earplug settlement mediation that had continued intermittently for the last year and a half. Judge Rodgers ruled that 3M government contractor defense, which protects some defendants from liability when building products to the governments specifications, does not apply in this case. Both Fallon and Crawford also spent over 20 years in the Army. May 20, 2022 Update: Good golly! In addition to the caps on attorneys fees, the new law . From there, he assumes the bankruptcy ruling will get overturned. It featured opening comments from Judge Rodgers followed by a presentation by the third-party data administrator for the MDL. January 21, 2023 Update: Mediators Christopher Sontchi and Randi Ellis updated the bankruptcy court in Indiana that they will have a settlement mediation in early February.. We have learned that juries do not like what 3M did with these earplugs and they will award a great deal of money if they believed that negligence caused the victim tinnitus or hearing loss. "name": "What Have We Learned from the 3M Lawsuits That Have Gone to Trial? But this might get us closer to a global settlement of the earplug lawsuits. July 15, 2022: The 3M earplug settlement talks began today and will go through the weekend in Florida. Call us at 800-553-8082 or get afree online consultation. The United States military said the company knowingly sold it defective earplugs. 3M filed a motion seeking to force all these plaintiffs to immediately pay their filing fees or have their case dismissed. 3M is a historically significant company, a piece of America. The 7th bellwether trial was held simultaneously in Tallahassee in the case of Guillermo Camarillorazo v. 3M Company, et al. Allowing an appeal will hold up new trials. According to Judge Rodgers, both sides have dug in on their opposing data interpretations and the massive gap between the two results is what has prevented any meaningful settlement progress. The earplug bellwether trials with one plaintiff have required two weeks each. Wilkerson was seeking summary judgment on 3Ms 5 affirmative defenses (learned intermediary, superseding cause, failure to mitigate, open and obvious danger, and statute of limitations defense), all of which were governed by Wisconsin law. What does it mean to you that the JPML consolidated all the federal earplug claims in Florida? Posted on October 19, 2021 in Class Actions . 3M Earplug Lawsuit How Much Money Will I Get? K&E has been the primary defense firm in the earplug MDL, which prompted lawyers for the MDL plaintiffs to argue that K&E could not simultaneously represent Aero in its bankruptcy because it presented a conflict of interest. This ruling theoretically renders the Aearo bankruptcy appeal to the 3rd Circuit moot, as the MDL plaintiffs are now free to go after 3M separately. As with any personal injury or product liability case, there is no guarantee that you will win compensation. A consolidated trial involving 20 or 40 plaintiffs could last for months and would place 3M at a significant disadvantage, battling against that many soldiers and their families in a courtroom. It might involve settlements for the lawsuit inventory of specific law firms, as opposed to a global settlement for all plaintiffs. But she will allow an immediate appeal of her ruling. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Does that mean the cases that deserve higher settlement compensation will get less? On the 3rd day of trial, the plaintiffs presented the testimony of Elliott Berger. There will be a day or reckoning. 13 under which his creditors were being repaid in full. September 19, 2022 Update: There was no settlement from the settlement talks last week. We are contingency fee lawyers. 3M claimed defense victories in Rounds 2, 5, and 6. November 24, 2022 Update: 3M subsidiary Aearo Technologies was recently granted an extension of the deadline to file its appeal brief in the 7th Circuit. The approach applied by the plaintiffs results in a much smaller percentage of plaintiffs being excluded. The trial was held at the federal courthouse in Pensacola, but it was presided over by a visiting judge from the Northern District of Alabama. Anyone who served in the military from 2003 to 2015 and suffered permanent hearing damage has a potential product liability lawsuit against the earplug manufacturer. Dr. Packer told the jury that Sloan and Wayman suffered hearing damage during their time in the Army as a direct result of defects in the 3M Combat Arms earplugs. It would be nice to close out Trial #16 with a win. Judge Rodgers rejected this argument and denied the motion. So 3M is putting all of its eggs in the basket of a successful bankruptcy appeal and winning the successor liability appeal of the sanctions imposed by Judge Rodgers. A federal jury on Friday awarded a U.S. Army veteran $8.2 million after finding that combat earplugs sold by 3M Co caused him to suffer hearing loss and tinnitus, the biggest verdict yet against . how much a 3M earplug lawsuit might be worth. If nothing else, it is good momentum going into the 3M earplug settlement talks set to being on July 15, 2022. They were sold to the military for $7.63. The next trial in group D will follow immediately after in Pensacola on Monday, March 28, 2022, with the case of Denise Kelley. December 20, 2021 Update: Another bellwether test trial concluded last week in the 3M Combat Arms Earplugs litigation. May 20, 2022: $77.5 Million Verdict! Will this be the settlement value for the 3M lawsuits? The motion argues that the stay should not apply to these cases because they do not involve claims of direct liability against Aearo. 3M put its Aearo Technologies subsidiary, where the earplug product originated, into Chapter 11 bankruptcy protection as one effort to resolve Combat Arms claims. The hearing will help Judge Rodgers rule on whether to grant a motion that would prohibit 3M from arguing that it is not a proper defendant in the earplug cases. That plan has not worked. The message is clear: if you do not want to offer reasonable settlement amounts, you better gear up for a massive wave of additional trials next year. You can also find our latest thoughts on when the 3M earplug lawsuit will settle in light of recent developments. { In one of the largest U.S. mass torts, 3M faces over 200,000 lawsuits in U.S. District Court in northern Florida. How does 3M go about determining which plaintiffs have tinnitus or hearing loss that could be connected to the 3M earplugs? But that is the foundation of his presentation. This latest admonishment came after 3Ms lawyers sought to defy long-standing procedural rules regarding deposition designations. Actually, 3M lost $50 billion in market value. The biggest roadblock to a mass settlement with 3M at this point is the raw number of plaintiffs (290,779 before the recent dismissals). Our lawyers believe 3M has a minimal chance of winning this appeal. 3M Earplug Lawsuit in Texas, Oklahoma, and Louisiana Experienced. Specifically, Rodgers quoted 3Ms announcement regarding the bankruptcy proceeding that it wanted to efficiently and equitably resolve the earplug claims as evidence that 3M is now highly motivated to settle. So we expect (an incorrect assumption in hindsight) the bankruptcy judge to rule before the end of tomorrow whether 3M lawsuits will be paused for the Aearo bankruptcy in the 3M earplug litigation. In her Order, Judge Rodgers explained that the purpose of the data day is to educate those outside of leadership roles in the MDL about the nature and scope of the hearing-related claims in this litigation.. It is hard to know how to interpret all of this. 3M also filed a motion objecting to the plaintiffs request to present rebuttal testimony from their expert Dr. Gershwin. What does this mean? The judge in the earplugs MDL, Casey Rodgers, harshly rebuked 3M and its lawyers at a hearing on Wednesday. Kevin Rhodes, 3Ms Chief Legal Affairs Officer, gave a somewhat delusional presentation at the Conference last Wednesday on the status of the earplug lawsuits. But these settlement amounts and timing predictions are just pure speculation. April 13, 2022 Update: A majority of the nearly 300,000 plaintiffs with 3M earplug lawsuits in the MDL have their cases resting on the administrative docket, which means they can avoid the $402 filing fee until their case is activated. The denial of the bankruptcy plan has led to intense pressure from Wall Street to get the litigation settled. The bankruptcy judge was not persuaded. On the 7th day of trial, the defense presented live testimony from Dr. James Crawford and Eric Fallon. Data Day is when both parties in a class action lawsuit come together to exchange and review large volumes of electronic data and information that is relevant to the case. So the 16th and final bellwether trial concluded this afternoon with this massive $77.5 million verdict for the plaintiff, Army veteran James Beal. Recently, however, a group of earplug plaintiffs filed a motion seeking to partially lift that stay with respect to all cases alleging injuries occurring after 3M acquired Aearo in 2008. Day 1 of the Kelley trial saw the jury selected by midday and opening statements for both sides. January 7, 2023 Update: 3M reports spending $450 million in attorneys fees defending the 3M earplug lawsuit. This is because 3M did not give precise specifications or even have a real contract with the military to provide these earplugs. And a global 3M earplug settlement is not out of reach. 3M has already set aside $1.2 billion to fund the proposed bankruptcy trust for the settlement of the earplug claims. Judge Rodgers denied that motion. There is simply no route for 3M to resolve this litigation if it continues to take the offensive and impractical position that 90 percent of servicemembers and veterans are liars with worthless claims.. Each trial will involve large blocks of consolidated plaintiffs. Can I repeat that? Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! The bright spotlight of the WSJ story could end that. In the meantime, however, the MDL judge has issued a general stay of all events and deadlines in the MDL. In nine bellwether trials, the plaintiffs have won 5 times and 3M has won 4 times. James M. Carr, be appointed as a second mediator in the MDL settlement mediation. The earplug bellwether trials so far have been two weeks each and they only involved one plaintiff in all but two trials. The appeal challenges the bankruptcy court decision in Indiana, which derailed 3Ms effort to force the earplug cases into bankruptcy court. This prompted lawyers for the MDL plaintiffs to argue that K&E could not simultaneously represent Aearo in its bankruptcy because it presented a conflict of interest. After the District Court trials, 3M placed the Aearo subsidiary in Chapter 11 protection in the U.S. Bankruptcy Court in Indiana. His testimony has been used to establish that the earplugs were defective and that this design flaw was not communicated to the military. January 3, 2022 Update: The 3M earplug bellwether trials will resume on Monday with a pair of simultaneous trials featuring plaintiffs Ronald E. Sloan and Williams Wayman. The new players on 3Ms legal team include Steven Reich, a former Justice Department official who was hired as 3Ms new chief counsel for risk management. But you have to understand there are over 200,000 lawsuits as of December 2022 and there are few if any developments in individual cases. But new lawsuits are not. A previous motion was filed in August which also sought to block 3Ms bankruptcy strategy, but the MDL denied that motion because it was essentially premature. Contributory negligence will not be at issue in this trial as Judge Rodgers granted summary judgment on that issue to the plaintiff earlier this month. Our lawyers are handling 3M earplug lawsuits in all 50 states. If you have a potential 3m earplug lawsuit, you may be pushing up against the deadline to sue. Our 3M earplug lawsuit attorneys get calls and online inquiries about this litigation every single day. The size of the 3M earplug settlement is likely to shock the market. The average compensation payout for soldiers who were awarded damages is approximately $3.3 million. July 16, 2022 Update: Should you be optimistic or pessimistic going into the settlement talks heading into Day 2 today? As of January 2023, none of these claims have been settled. This trial date was putting pressure on 3M to make a reasonable settlement offer and the delay will take away some of that exigency. October 11, 2022 Update: The plaintiffs in the 3M earplugs MDL filed a motion seeking summary judgment on the issue of whether 3M is fully and independently liable for all injuries related to the earplugs. To help push the settlement negotiations, Judge Rodgers appointed Randi S. Ellis as the special master for the mediation. March 29, 2022 Update: 3M earplug trials follow a typical pattern, and this new lawsuit to go to trial fits easily in that pattern. But the verdict is unlikely to move the needle in settlement negotiations. Why? The trial is scheduled to last two weeks and will be conducted before Judge Robin L. Rosenberg at the federal courthouse in Pensacola. January 8, 2023 Update: In a brief supporting 3Ms bankruptcy appeal, the Chamber of Commerce argues that allowing a Chapter 11 bankruptcy for Aearo to extend to 3M would provide the best mechanism for determining the legitimacy of claims through claims estimation processes., The only flaw in this method of settlement payout evaluation, the brief later contends, is that disposing of these cases through bankruptcy will make it easier for injured veterans to recover money for low-value claims presumably tinnitus which 3m has never taken seriously that are difficult to prove in court.. There are few of you out there who have yet to bring a lawsuit. After a 2-week trial before Judge Mark Walker, the jury came back with a verdict Monday afternoon. First, it's important to note that the circumstances of each of the thousands of cases vary greatly. If you have a solid claim, you support this, too. Judge Rodgers points out that 3M had many opportunities over the last 4-years to assert the Aearo successor liability argument, but chose not to. Posted on November 05, 2021 in Class Actions . Even soldier plaintiffs Ive talked to believe a percentage of the soldiers that applied administratively for the 3M lawsuit do not have legitimate claims. 3M has been saying all along that these claims should be resolved in bankruptcy court. May 11, 2022 Update: The 3M MDL class action judge dismissed over 20,000 cases because the plaintiffs failed to produce documentation (mostly official military service records) required to support their claims. The reason for the delay is not related to the litigation. November 17, 2022 Update: The judge in the bankruptcy filed by 3M subsidiary Aero Technologies has ruled that 3Ms law firm, Kirkland & Ellis, can continue to represent Aero in the bankruptcy. I do not think even 3Ms lawyers believe it has much chance of success. Consistently, it is making the same obvious point now to the bankruptcy court: this was not the congressional purpose of the Bankruptcy Code. But the litigation and appellate calendar affords 3M the opportunity to put its head in the sand. If you have a potential 3M earplug lawsuit and have not brought a claim, call a lawyer. Blog Home. Aearo will ask the bankruptcy court to pause the litigation. 2885) forward for pretrial proceedings. The only thing of note to us is that it was less vitriolic against the judges who dared to rule against 3M than we have seen in previous motions. But it does not appear to be a good sign for those of us who were hoping that 3M might finally be ready to make a serious effort to settle the earplug lawsuits. How do you efficiently sort out 300,000 claims to figure it out? So hiring another lawyer is unlikely to speed up the path to a 3M earplug settlement. The 6th was a different story. That data here shows we have a good statistical understanding of what all of the claims are about. Most 3M earplug lawsuits rely on the legal concept of product liability, in which a plaintiff seeks to hold a manufacturer responsible for health problems caused by an unreasonably dangerous or otherwise defective product. Thousands of soldiers suffered complete or partial hearing loss and tinnitus because of faulty combat earplugs. Thousands of individual plaintiffs have filed claims against 3M in the defective earplugs lawsuits. There is no risk or cost. And it is the right time for 3M to settle these cases. If 3M were to prevail on an issue that is common to every 3M earplug lawsuit the government contractor defense these cases would all amount to nothing if that ruling stood (unless Congress stepped in). One big issue no one can answer: how many truly viable 3M lawsuits are there? June 29, 2022: Plaintiffs Luke Estes, Lewis Keefer, Stephen Hacker, and Lloyd Baker filed their response to 3Ms 11th Circuit appeal this week. There were probably many reasons. ]}. 3M also complains that everyone is getting it wrong multiple judges, juries, and financial analysts. The article was prompted by news of the recent mandatory settlement mediation ordered by the MDL class action judge. On Day 6, the jury was presented with short video deposition clips from several different fact witnesses including the plaintiffs wife, Heather Beal, and several other people who are presumably friends or family members of the plaintiff. The supplier warned the U.S. of the danger associated with the equipment that only the supplier knew of. You can call our attorneys at 800-553-8082. The claims would then be sent to their home federal court districts for trial. The remainder of the day was spent on 3Ms final expert witness, Dr. James Crawford. Over the past two years, military plaintiffs won 10 of 16 earplug bellwether trials in Florida and juries awarded them nearly $300 million. At some point, someone will notice that the most significant mass tort in American history is averaging millions per verdict while 3Ms stock price trudges along.). Settlement talks are set for February 2023, as we explain in the January 20, 2023 update above. 3M is facing more than 240,000 claims by veterans and service members over the earplugs, known as Combat Arms Earplugs Version 2. Now is the time to do the right thing. February 6, 2023 Update: The Bankruptcy Court in the Southern District of Indiana will hold a Status Conference next week on the recent Motion to Dismiss filed by the 3M earplug plaintiffs. "acceptedAnswer": { The request was granted partly because plaintiffs in 3M earplug cases pending in Minnesota state court were attempting to use the ruling by Judge Rodgers as a shield in their cases. This means that the oral argument could be scheduled as soon as April or May 2023, and a ruling could come soon afterward. Without some ear protection, repeated exposure to these high-level noises will cause auditory ailments from internal damage to the eardrums. Aearo claims that under AMA criteria, almost 90% of plaintiffs have no hearing impairment; under WHO standards, more than 85% of plaintiffs have normal hearing. $110 million. This is not a good dynamic for 3M who would rather not battle a group of soldiers in the courtroom. In her lengthy opinion (3M Sanctions Order), Judge Rogers blasts 3M for going through 4-years of litigation without ever suggesting that Aearo was the real part in interest: Scorched earth battle was waged against every theory of liability alleged in this litigation. Plaintiff will have 35 hours to present their case with the remaining 29 hours going to the defense. }}, The Order concludes by imposing full liability for the earplug claims on 3M and barring it from attempting to shift liability to Aearo. After hearing closing arguments from both sides, the jury went back to deliberate the case after lunchtime on Friday, November 12. Many veterans will understandably reject this settlement. Blog Home. The first defense witness was 3M scientist Dr. Eric Fallon, former chief Audiologist at Walter Reed Medical Center. has not baked the cost of a 3M earplug settlement into 3Ms stock price. "@type": "Answer", Most of the opening 2 days of the trial were devoted to the testimony of bioacoustics engineer Richard McKinley. Still, Judge Rodges deemed the mediation worthwhile and productive The court-appointed mediator is scheduling another mediation session within the next 14 days. The average amount of compensatory damages awarded to the 6 successful plaintiffs is $1,216,322, but this average is skewed by the Atkins case in which all $8.2 million in damages were compensatory. Because bankruptcy is a more equitable system for valuing claims for settlement than the civil justice system we have had for hundreds of years in this country? from around the world. March 10, 2022 Update: Yesterday, the plaintiff in the upcoming bellwether trial (Steven Wilkerson) scored a solid victory when Judge Casey Rodgers granted his motion for summary judgment on all but one of three 3Ms affirmative defenses. Plaintiffs have been saying all along they want a fair settlement. That does not sound good, right? Our law firm is reviewing claims that meet the following criteria: If you meet these criteria, you must contact our office to get your 3M earplug claim filed. ", July 26, 2022 Update: 3M is trying to play the bankruptcy card, placing Aearo into bankruptcy. But it is the road less taken in 2022. Our law firm handles 3M earplug lawsuits throughout the country. Fallow is an audiologist and Technical Senior Service, Specialist. Keeping score by Rounds is somewhat misleading, however, because Round 1 included the consolidated trial of 3 plaintiffs. You wonder how that could happen. We think this may be an effort by Judge Rodgers to keep the door open for further settlement negotiations as things play in the appellate courts. But the device did not go deeply into the ear. It is. Kelley will be the second female bellwether plaintiff. Years to run their course is a hard pill to swallow. In her Order staying the MDL, Judge Rodgers made clear will certify that decision for an immediate interlocutory appeal. Blog Home. U.S. service members are often exposed to loud noises from aircraft, artillery, guns, and explosives. But that same law firm represents 3M an apparent conflict. By 5:30 the jury had decided that Palanki failed to prove any of his claims against 3M and returned a defense verdict. This is garbage the general rule of the Bankruptcy Codes powerful automatic stay is that it should not extend to joint tortfeasors. February 27, 2023 Update: The federal government is with us. But is the number 75% or 90%? The problem with this? The $12 million in punitive damages awarded to Camarillorazo is a damaging indictment that demonstrates the jury was angered by 3Ms conduct concerning the defective earplugs. Judge Rodgers is helping their efforts. So they must be contending that they believe 3M will pay more through the bankruptcy process, but it is necessary because it is fairer. They were developed by Aearo Technologies, which eventually sold their company to 3M. We need to prove the basic elements of the claim and being in the military is one of those basic elements. The Motion seeks to have the Aearo Chapter 11 bankruptcy immediately dismissed based on the grounds outlined in the recent ruling by the 3rd Circuit Court of Appeals in the talc bankruptcy initiated by J&J. Time will tell. The bankruptcy ruling prevented 3M from implementing its controversial plan to force the earplug MDL cases into a bankruptcy proceeding. But the judge could not try the case this month for reasons external to the 3M litigation. July 8, 2022: 3M wants to weed out every 3M earplug lawsuit that is not a viable claim. April 8, 2022 Update:The 8th day of the trialfeatured the cross-examination of 3Ms witness Dr. Casali. But these are big trials in this litigation. A federal judge has declared 3M earplug lawsuit settlement efforts to be at an impasse after the manufacturer pulled out of negotiations to resolve hundreds of thousands of hearing loss claims. Meanwhile, the parties have agreed to continue Wave 3 discovery deadlines within the MDL. It thinks it gets to define whether someone suffers from a hearing injury. Combat Arms Earplugs left veterans entirely unprotected from damaging high-level sounds. It did not begin well. Like Bayer in the Roundup lawsuits, 3Ms biggest mistake that led to this debacle was buying a company without doing enough due diligence as to the potential litigation liabilities. Palanki was a 50-year-old Tennessee resident and veteran of both the U.S. Army and National Guard. A confidentiality agreement concerning the details of the discussion binds the lawyers. So they didnt buy Aearo planning to one day flip it into bankruptcy. Settlement is still an uphill slog. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Day 6, Tuesday, January 18th, saw the expert testimony of Dr. Marc Bennett. But, usually, follow the money, right? December 15, 2021 Update: $22.5 million verdict in Finley last Friday. by Roy D. Oppenheim. Casali is 3Ms go-to expert, a foremost authority in audiology, acoustics, and hearing protection. Ultimately, the earplug plaintiffs will get a global settlement one way or the other. If you have a potential 3M earplug lawsuit and have yet to contact a lawyer, you are making a mistake if you think you want to bring a claim. But this is the depressing part of the judges order: Hopefully as the MDL, the bankruptcy, and the various appeals proceed, all of which undoubtedly will take years to run their course, the intransigence on both sides will give way to a genuine commitment to negotiate reasonably and meaningful compromises on both sides so that a just and mutually acceptable resolution of these matters may be achieved.. The design of these earplugs was a comedy of errors. But a mass tort of this size has never had to face the logistical challenges that come with this many victims. On the 5th day of trial, the plaintiffs presented testimony from another expert, Dr. Mark Packer. We were following the Wilkerson trial more closely and the jury is out in that case and will likely issue its verdict on Monday. August 27, 2022: We have a ruling. Initially, U.S. Bankruptcy Judge Jeffrey Graham was going to hear arguments on the motion this week. Dr. Casali is a professor at Virginia Tech University and a prominent expert in the field of hearing protection and acoustics. 3M will try to convince the bankruptcy court in Indiana that the automatic stay triggered by Aearos bankruptcy should be extended to protect 3M as well, but this remains unresolved. The earplugs were never recalled, but 3M stopped making them in 2015. March 2, 2023 Update: We wrote a separate post on the 3M estimation motion that announced most plaintiffs suffered no injury. }}, Our 3M Lawsuit attorneys can discuss your legal rights in the 3M Earplug Lawsuit Payout. Nearly four years ago, in January 2019, an earplug victims attorney filed a motion asking the U.S. This means that the proceedings in the earplug lawsuits can technically continue against 3M. Facing thousands of lawsuits from U.S. service members who said 3M earplugs failed to protect their hearing, the manufacturing giant announced it is committing $1 billion to a trust to resolve. Judge Rodgers stated that a perfectly solvent defendant such as 3M should not be entitled to bankruptcy protection simply because the MDL is not going the way it wants. And for the vast majority of plaintiffs, filing a claim requires minimal effort. You can call us at 800-553-8082 or reach out online for a free consultation. March 24, 2022 Update: In the Vilsmeyer trial in Pensacola, the Defendants expert, Dr. Stan Phillips, testified that the cumulative trauma of the plaintiffs shoulder and neck injuries somehow contributed to his tinnitus.
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