Medical Malpractice Suit in Rare “Intersex” Case

Birth Injury Lawyer

Medical Malpractice Suit in Rare “Intersex” Case

Medical Malpractice Suit in Rare “Intersex” Case

Charlotte, NC Personal Injury Attorney

 According to a report from the Post and Courier, the adoptive parents of a child born with the rare condition of having both male and female reproductive organs filed a medical malpractice suit against the Medical University of South Carolina, Greenville Health System and the state child welfare agency. The intersex condition the child was born with is incredibly rare – it only affects one in 83,000 infants. According to the plaintiffs, the surgeons surgically removed the infant’s penis when he was 16 months old for no medical reason before they adopted him from state custody. The sex assignment surgery made the child biologically female: however, the child, who is now 10 years old, decided to identify as a boy. The plaintiffs are seeking for compensation to pay for the treatment that the child will need during and after puberty. They have not yet set a date for when treatment will begin, but they have been monitoring the child’s hormone levels.

The plaintiffs had filed federal and state lawsuits two years ago, and the federal lawsuit alleging a violation of civil rights was dismissed earlier this year. The defense successfully argued that doctors weren’t aware when they decided to perform surgery that they may have violated the child’s civil rights.

 Filing Medical Malpractice Actions in South Carolina

 Under South Carolina law, medical malpractice means doing or failing to do something that a reasonably prudent health care provider or institution would or would not do under similar circumstances. Before they file a suit, parties are required to participate in mediation. They may also agree to participate in other forms of alternative dispute resolution such as binding arbitration, nonbinding arbitration, or early neutral evaluation. However, parties should seek the assistance of an attorney prior to entering into an alternative dispute resolution process.

There are additional procedural rules that parties must follow when filing a medical malpractice lawsuit. Plaintiffs have to file a Notice of Intent to File Suit with an affidavit of an expert witness and a short and plain statement of the facts showing that the party filing is entitled to prevail. After the notice is filed, all the named parties may subpoena medical records and other documents potentially related to the medical practice and, if allowed by the court, may also take depositions. After ninety days, the parties are required to participate in a mediation conference; if no resolution is reached, then the civil action may commence in court.

 Types of Medical Malpractice Claims

 Generally, medical malpractice claims may be one of three categories

  • Diagnosis, where a medical professional fails to properly diagnose a condition.
  • Treatment, where a medical professional fails to administer a treatment or administers the wrong treatment.
  • Consent, where a medical professional fails to obtain informed consent before treating a patient.

In determining whether a medical mistake rises to the level of malpractice, courts look to the accepted standard of care and whether the medical professional deviated from that. This standard of care is based on the degree of skill and care that an average medical professional with similar education and qualifications would have provided to a patient with similar circumstances and symptoms.

If you or a loved one has been injured by a medical professional’s failure to provide proper diagnosis or treatment, or subjected to a treatment without obtaining consent, the medical malpractice attorneys at Bice Law, LLC can help you seek compensation for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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Birth Injury Leads to South Carolina Medical Malpractice Suit

Charlotte, NC Personal Injury Lawyer

Parents of a newborn infant who suffered birth injuries have filed a federal medical malpractice suit against various healthcare providers. The suit alleges that the mother began seeing the defendants when she was 36 weeks pregnant. She initially received a sonogram, which revealed the presence of excessive accumulation of amniotic fluid around the baby. Despite this, the mother was never informed of the dangers of proceeding with a vaginal birth under these circumstances.

The mother was admitted several weeks later to a healthcare facility for the induction of labor. She was administered several doses of Pitocin to induce contractions. Throughout the delivery and despite signs that the fetus was in distress, a Caesarian section was never offered to the mother as an option. Nor was the mother informed of the possibility of birth defects and injuries as a result of the use of Pitocin. As a result (the suit alleges) the baby suffered a brachial plexus injury and was diagnosed with Erb’s palsy.

Will These Healthcare Providers Be Held Responsible?

In a medical malpractice case, a healthcare provider can be held responsible for injuries caused if the injured plaintiff is able to show that the treatment or care rendered by the provider fell below an “objective standard of reasonableness.” In other words, if the healthcare provider acted in a manner that a reasonable provider with the same background in the same community would not have, then the healthcare provider will be considered negligent and can be held responsible for the damages he or she caused.

As one can imagine, showing that a healthcare provider acted contrary to an “objective standard of reasonableness” is not always easy. Oftentimes, one or more medical experts are needed in order to establish not only what the provider should have done under the circumstances, but also that no reasonable provider would have done what the healthcare provider did in fact do. For instance, in the suit discussed earlier, the parents of the injured newborn will need to show that (for example) no reasonable South Carolina doctor would have continued to administer Pitocin to induce contractions under the circumstances.

How Does a South Carolina Medical Malpractice Attorney Help?

Some individuals injured by a healthcare provider believe their case is “clear cut” and can be easily won in court or settled out of court. However, just because a person is injured at a doctor’s office or in a hospital does not mean that person is entitled to compensation – first, it must be proven that the healthcare provider was so careless no other reasonable healthcare provider would have done what he or she did. A South Carolina medical malpractice attorney often has the resources necessary to find and produce medical experts who can evaluate and critique the level of care you received.

Bice Law, LLC’s team of dedicated attorneys are ready to help you or your loved one following a medical mistake. Contact us at (800) 500-BICE for help today.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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First Trimester Genetic Testing Gone Wrong

Rock Hill SC Birth Injury Lawyer

Pregnancy can include a multitude of experiences. It is remarkable, emotional, delightful and frightening. There is a host of occurrences that can go wrong for both the expectant mother and the child. Because of the possible complications involved in pregnancy, doctors must perform many different tests throughout. Available to the expectant mother is genetic testing which can identify risks of any abnormalities. However, these genetic tests can misidentify a condition or a doctor may make a mistake regarding the results of such a test. These mistakes can lead to the birth of a child who may have mental and physical handicaps. Doctors responsible for genetic testing may be responsible for a lack of informing the prospective parents. Parents can bring suit on behalf of child for their doctor’s misinformation or misidentification. This is called a “wrongful birth” action. However, in some states, a child must bring suit for injuries resulting from the doctor’s misinformation. This is called a “wrongful life” suit. But what is the difference between the two?

What is a Wrongful Birth Lawsuit?

A wrongful birth action is brought by the parent of a child born with an impairment or birth defect. The parents assert that the doctors in charge of genetic testing or informing the parents of the risks of continuing a pregnancy were negligent in performing their duties. In turn, the doctor’s negligence deprived the parents of the right to make a timely decision regarding whether to terminate a pregnancy because of the likelihood their child would be born physically or mentally impaired. The birth defect itself was not the cause of the doctor’s actions, however, the doctor did not fully inform the prospective parents of the risks associated with continuing the pregnancy. See Willis v. Wu

 Wrongful Life Lawsuit: What’s the Difference?

A “wrongful life” action is a bit different from a wrongful birth action. A wrongful life action is brought by or on behalf of the child himself. The child asserts that the doctor’s negligence led to his or her parents’ misinformed decision either to conceive him or to terminate the pregnancy. The child is asserting that without the parents having all of the facts and risks provided to them, they could not have made an educated decision, and he or she should not have been born.

Contact an Attorney at Bice Law LLC

If you or a loved one is a parent of a child with special needs in North Carolina or South Carolina, contact an experienced attorney by calling (855) 5-BICE-LAW or online to schedule a free consultation. An experienced personal injury attorney at Bice Law, LLC knows the relevant laws regarding wrongful birth and wrongful life and will help you to understand the legal process during a difficult time. Our legal professionals are available 24 hours a day, seven days a week to answer any questions you may have regarding your possible lawsuit. We are prepared to help you in any way that we can.

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What Expectant Parents Must Know About Birth Injuries

Rock Hill SC Birth Injury Lawyer

Three percent of all children born in the United States have birth defects. Those who have suffered minor injuries recover completely after some time but others are incapacitated for life. Birth injuries can result from negligent and avoidable errors on the part of doctors, nurses or hospital staff. Parents can claim compensation when the injury is suspected to have occurred due to medical malpractice.

 What are the common birth injuries?

  • Cerebral Palsy
  • Erb’s Palsy
  • Brachial plexus injury
  • Injury and disfigurement from forceps
  • Vacuum extraction injury
  • Klumpke’s Palsy

 The common causes of birth injuries include:

  • Failure to diagnose and treat seizures following delivery
  • Oxygen deprivation resulting from a lack of intervention when the fetus remains for too long in the birth canal
  • Failure to monitor and attend to changes in the mother’s condition
  • Improper use of forceps or excessive use of vacuum extraction.

 What does the compensation cover?

 A birth injury lawsuit can provide compensation for economic and non-economic damages. The former includes medical bills, long-term and rehabilitation costs, special education costs, loss of future wages and necessary home modifications. The latter includes pain, suffering and emotional distress.

 What is the statute of limitations on birth injury lawsuits in South Carolina?

 The state law implements a three year statute of limitations for birth injury against medical providers. The statute is applicable from the date the injury was discovered or should have been discovered. You cannot bring a claim more than six years following the negligent act even if the injury is discovered after this time.

 If the party at fault is a state hospital, you have one year to file a claim that extends the statute of limitations against the party in question to three years. If you don’t file a claim against the party, the statute of limitations drops to two years. You have two years to file an administrative claim against a federal government institution; the entity must accept or deny your claim within six months and you have six months from the date of denial to file a birth injury lawsuit.

 Who will receive compensation after a successful lawsuit?

 The damages are generally awarded to the child. As a parent, you may be entitled to compensation for the emotional distress caused by the injury. In the unfortunate event that the baby has lost his/her life, you can file a wrongful death lawsuit and receive compensation for pain, suffering and loss of companionship.

 Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.

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Brachial Plexus Birth Palsy

Rock Hill SC Birth Injury Lawyer

For most parents throughout the Carolina’s the birth of their child the world is one of the best of their lives. When that child suffers a birth injury however, the joy of welcoming the newborn can be mixed with confusion, worry and fear. These feelings may arise when one’s child is diagnosed with brachial plexus birth palsy.

Also known as BPBP, this birth injury affects the use of the baby’s arm and shoulder. While in many instances those babies ultimately recover, in the worst cases a child does not grow out of it and his or her arm is paralyzed.

Children dealing with BPBP may benefit from research that is being done into how figure skaters can improve their jumping. The research involves motion analysis technology specifically focused on trying to capture the way the shoulder blade or scapula, moves. Ultimately, it could make it possible for surgery to be performed on those children to move tendons to make it possible for them to use their shoulders and arms again.

In the meantime, there are of course children living with the birth injury. Those individuals may need medical treatment to help them as they grow older. This treatment can be expensive and frustrating to have to deal with. This is particularly true when the injury is due to negligent actions of a healthcare provider. Most assume that when they seek medical assistance they, and their unborn child, will not be further injured the process. When it does happen, some find that a medical malpractice lawsuit is helpful not only financially, but emotionally as well.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.

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Cerebral Palsy, a Medical Error?

Charlotte NC Birth Injury Lawyer

The health of an infant is the main concern of most expectant parents. However, a child can sometimes be born with defects due to birth injuries. A birth injury may occur due to medical error, error during delivery or a C-section that was not done quickly enough.

Birth injuries may range from fetal lacerations to infant asphyxiation to cerebral palsy. Cerebral palsy, a common birth injury, continues to be a risk for infants. In fact, a recent study examined nearly 500 newborns that suffered from cerebral palsy and 100 of those infants died during birth. The study also highlighted the risk factors of cerebral palsy to babies. The researchers observed the following factors — birth events due to suffocation, inflammation or signs of infection, birth defects and growth restriction.

The researchers discovered that babies are twice as likely to sustain cerebral palsy due to suffocation or inflammation during childbirth. While they noted that suffocation or inflammation were not originally thought to be contributing factors in the baby’s cerebral palsy, 12.6% of newborns obtained cerebral palsy due to such causes. Additionally, growth restriction boosted the risk of cerebral palsy to newborns.

Cerebral palsy is a disorder that affects the newborn’s brain function and body movement. Unfortunately, babies with cerebral palsy may have a hard time living a normal life because such a disorder may require a great deal of care and supervision. Cerebral palsy can be challenging for the family because it can lead to long-term medical care and other expenses.

However, in instances where the parent observes that the treating physician’s medical error contributed to the infant’s cerebral palsy, the parents may wish to seek compensation by filing a medical malpractice lawsuit. Medical malpractice lawsuits concerning a baby’s birth injury may help the family recover compensation to pay for the baby’s medical needs, rehabilitation and other necessary expenses.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Common Birth Injuries

Charlotte NC Birth Injury Lawyer

A birth injury or trauma during delivery is an injury that happens to a baby during birth. Delaying the delivery of a baby can cause profound injury to a child due to oxygen deprivation. These injuries include brain damage, cerebral palsy, erbs palsy, and other physical and neurological injuries.

Common birth injuries:

  • Caput Succedaneum: A severe swelling of the soft tissues of the baby’s scalp that develops as the baby travels through the birth canal. Some babies have some bruising of the area. The swelling usually disappears in a few days without problems. Babies delivered by vacuum extraction are more likely to have this condition.
  • Cephalohematoma: An area of bleeding between the bone and its fibrous covering. It often appears several hours after birth as a raised lump on the baby’s head.
  • Bruising/Forceps Marks: Some babies may show signs of bruising on the face or head simply as a result of the trauma of passing though the birth canal and contact with the mother’s pelvic bones and tissues. Forceps used with delivery can leave temporary marks or bruises on the baby’s face and head. Babies delivered by vacuum extraction may have some scalp bruising or a scalp laceration (cut).
  • Subconjunctival Hemorrhage: The breakage of small blood vessels in the eyes of a baby. One or both of the eyes may have a bright red band around the iris. This is very common and does not cause damage to the eyes. The redness is usually absorbed in a week to ten days.
  • Facial Paralysis: During labor or birth, pressure on a baby’s face may cause the facial nerve to be injured. This may also occur with the use of forceps for delivery. The injury is often seen when the baby cries. There is no movement on the side of the face with the injury and the eye cannot be closed. If the nerve was only bruised, the paralysis usually improves in a few weeks. If the nerve was torn, surgery may be needed.
  • Brachial Palsy: The brachial plexus (the group of nerves that supplies the arms and hands) is injured. It is most common when there is difficulty delivering the baby’s shoulder, called shoulder dystocia. The baby loses the ability to flex and rotate the arm. Many cases of brachial palsy resolve spontaneously in 24 hours or less and splints or therapy are not necessary in these cases. If the injury caused bruising and swelling around the nerves, movement should return within a few months. Tearing of the nerve may result in permanent nerve damage.
  • Fractures: The clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there is difficulty delivering the baby’s shoulder or during a breech delivery. The baby with a fractured clavicle rarely moves the arm on the side of the break. However, healing occurs quickly. As new bone forms, a firm lump on the clavicle often develops in the first 10 days. If the fracture is painful, limiting movement of the arm and shoulder with a soft bandage or splint may be helpful.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Prolapsed Umbilical Cord Causes and Effects

Rock Hill SC Birth Injury Lawyer

Childbirth can be an amazing, exciting, and wondrous process. However, with about 30% of all mothers experiencing some kind of birth complication, it can also be a very scary and stressful time.

While there are numerous types of potential complications and traumas that newborns may face, some are much more serious than others. A prolapsed umbilical cord is among the most dangerous and life-threatening of Michigan birth injuries.

During pregnancy, the umbilical cord represents a child’s lifeline. Through this tiny cord, babies receive oxygen, blood, and nutrients. If the umbilical cord is obstructed at any time during birth, the results can be serious and sometimes fatal. Some of the most common causes of a prolapsed umbilical cord include:

  • Premature rupture of a membrane (when water breaks early)
  • Delivering multiple babies (i.e. twins, triplets, etc.)
  • Breech delivery
  • Unusually long umbilical cord

Because of the vital role that the umbilical cord plays in sustaining life, the outcomes of a prolapsed umbilical cord can be devastating. Some of these outcomes include:

  • Permanent brain damage due to lack of oxygen
  • Cerebral palsy
  • Death

Doctors who diligently follow standards of care should be able to detect and prevent a prolapsed umbilical cord before it becomes a serious issue. Those who fail to do so can be held liable for any harm done to an infant.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Premature Babies and Medical Malpractice

Charlotte NC Birth Injury Lawyer

Research is now showing us how imperative it is after birth for premature babies to receive the proper supply of oxygen. Without an ample amount of oxygen to the “white matter” in the brain, the development can be damaged significantly.  In some cases the damage to the brain is so critical that the brain cannot catch up.

In certain cases, the reason for this oxygen deprivation resulting in birth injuries is medical malpractice.

In the United States, the number of babies who are born weighing less than 3.3 pounds amounts to over 60,000. In the past, many babies born that small died. Today, however, due to advances in neonatal care,the survival rate is much higher.

But the chance of brain damage in premature babies who survive is significant. Many of them suffer from cerebral palsy or epilepsy. Others struggle with such behavioral disorders as ADHD.

According to research presented at a recent meeting of the Society for Neuroscience, the babies who have the highest risk of this type of brain damage are those who were born prematurely – with as little as six months gestation in the mother’s womb.

The neuroscience research shows that, for premature babies, brain injury is caused most often by lack of oxygen not only at birth, but in the crucial days and weeks immediately after the birth.

Without a an ample amount of oxygen, there is damage to the “white matter” that sends signals from the brain throughout the body.

Doctors and nurses who work in neonatal care therefore need to be very watchful of the performance of a newborn infant’s lungs. Putting a premature infant on a mechanical breathing machine is not necessarily enough, if the procedure is not monitored properly.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Birth Injury

Charlotte NC Birth Injury Lawyer

A midwifes settlement with the family, whose daughter was hospitalized for 21 days after her birth in January 2009 and now has cerebral palsy, was finalized last week and is described in court filings, since a judge must approve settlements reached on behalf of a minor.

A midwife, also the founder of a Birth and Wellness Center, voluntarily surrendered her license in 2010 following an investigation by the state Midwifery Council into a series of complaints about the care she had provided her patients. The complaints alleged that she hadn’t managed cases appropriately, failing to consult with obstetricians about high-risk pregnancies.

The midwife made a statement last winter saying that she stood by her judgment, describing the standard she provided patients as “comparable to any other midwife in the state.”

Although the mother presented several risk factors during her pregnancy, the midwife did not refer her to an obstetrician, nor did she send the mother to the hospital when she was unable to locate the baby’s heartbeat during labor. When their daughter was born and still did not have a heartbeat, the midwife did not promptly call for an ambulance as suggested by the father.

Midwives are not required to carry malpractice insurance to be licensed by the state, although several choose to, said the chairwoman of the state Midwifery Council. She said most insurance companies will not cover a midwife, who does not have malpractice insurance, but “that coverage is optional and each midwife makes the choice for herself.”

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Posted by Bice Law LLC. March 15, 2012

Source: http://www.concordmonitor.com/article/275131/

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