Baltimore Birth Injury Lawyers

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Birth Injury Lawyer: Did Medical Negligence Harm Your Child in a City Hospital in Baltimore?

Securing Long-Term Care for Children with Birth Injuries in Baltimore

Baltimore is known for world-class medicine, but even at prestigious institutions like Johns Hopkins or the University of Maryland Medical Center, a single moment of negligence can change a family’s life forever. You did your research to find the safest place for your delivery, trusting the reputation of the doctors and nurses implicitly. But when that trust is broken by a preventable birth injury, you need an advocate who knows how to hold these powerful institutions accountable. If you are searching for a Baltimore birth injury lawyer, our team at The Child & Birth Injury Firm is here to help you understand your rights and options. 

But here is the reality we see at The Child and Birth Injury Firm: Prestige does not prevent negligence. In fact, in massive teaching hospitals, communication breakdowns are common. Residents are often overworked. Warning signs on fetal monitors are missed during shift changes. Many of these are preventable birth injuries—avoidable with better protocols, effective teamwork, and improved hospital procedures.

If you left a Baltimore hospital with a child facing a lifetime of disability—or if you left with empty arms—you are likely getting the “silent treatment” from the risk management department. The emotional impact on parents can be profound, leading to significant mental distress when a child suffers a birth injury. The financial burden extends beyond immediate medical expenses, including lost wages and necessary home modifications. We don’t accept silence. We double-check the records. We investigate the timeline. We fight to hold medical providers accountable for errors or negligence, and for the families in Baltimore who deserve to know if their child’s injury was preventable. We provide information for families affected by birth injuries in Baltimore, helping you secure compensation and justice for your child.

What Is a Birth Injury?

A birth injury is any physical harm or medical condition that a newborn sustains during the birthing process, often as a result of complications or mistakes made during labor and delivery. While some birth injuries are unavoidable, many are caused by medical negligence—such as a healthcare provider failing to monitor the baby’s vital signs, missing signs of distress, or making errors in judgment during delivery. These injuries can have lifelong consequences for a child and place a significant emotional and financial burden on families. If you suspect your child’s injury was preventable, consulting our skilled birth injury lawyer team is essential. Our experienced medical malpractice birth injury lawyers can help you understand your rights, determine if medical malpractice occurred, and guide you through the process of filing a medical malpractice claim to seek justice and compensation for your child’s injuries.

Now that you understand what a birth injury is, let’s review the key facts Baltimore parents need to know.

Key Takeaways: What Baltimore Parents Need to Know

  • Baltimore has some of the highest infant mortality and preterm birth rates in the country, often due to systemic issues and hospital overcrowding.
  • Many babies in Baltimore are delivered by residents or fellows; a lack of proper supervision can make the hospital liable.
  • The Circuit Court for Baltimore City is distinct from Baltimore County and is known for being fair to plaintiffs.
  • In Maryland, the deadline to file a birth injury lawsuit depends on whose rights are being asserted. Generally, parents have three years from the date of discovery to file a claim for medical expenses. However, the child typically has until age 21 to file for their own pain and suffering and future care.
  • Warning: Do not wait until the deadline approaches. Critical evidence, such as electronic fetal monitor strips, can be lost or destroyed over time. Contact an attorney immediately to preserve your family’s rights.

Our team handles these cases on a contingency basis, so there is no upfront cost.

Understanding these key points, let’s look at how birth injuries impact families in Baltimore.

For more information on Maryland birth injuries, see our Maryland resource page

What Is a Birth Injury?

Birth injuries occur in approximately 7 out of every 1,000 births across the United States, and Maryland’s rates are consistent with this national average. In Baltimore, the prevalence of birth injuries is a serious concern, with many cases linked to medical malpractice or negligence during the labor and delivery process. Our medical malpractice birth injury attorneys frequently handle cases involving severe birth injuries such as cerebral palsy and brachial plexus injuries, which can result in permanent disability and require lifelong care. Understanding how and why these birth injuries occur helps parents recognize the importance of proper medical care and the need to hold negligent providers accountable. By staying informed about the risks and causes of birth injuries in the Baltimore area, families can take proactive steps to protect their children and seek legal recourse when medical negligence leads to harm.

With this context, let’s explore the causes of birth injuries and how they can be prevented.

Common Birth Injuries in Baltimore: The Statistics & The Reality

While Baltimore is home to world-renowned medical institutions, the data reveals a troubling gap between the city’s reputation and the reality for many families.

The Statistics: Birth Injury Risks in Maryland

According to recent reports from the Maryland Department of Health and the Centers for Disease Control (CDC), the risk of birth trauma in our state remains higher than the national average in several key categories:

  • Preterm Birth Grade “D+”: In the 2024 March of Dimes Report Card, Maryland received a “D+” grade for its preterm birth rate, which stands at 10.5%. Preterm infants are significantly more susceptible to brain bleeds (intraventricular hemorrhage) and cerebral palsy.
  • Infant Mortality Spikes: While Baltimore City reached a historic low in infant mortality in 2021 (7.5 per 1,000 births), that rate rose to 8.3 per 1,000 births in 2022, highlighting the volatility of maternal care in the city.
  • Racial Disparities in Care: The data is stark for Baltimore’s diverse population. The mortality rate for Black infants in Maryland is 3.3 times higher than for White infants (10.3 vs. 3.1 per 1,000 births), a disparity often linked to implicit bias and ignored complaints of pain or distress during labor.

Adverse Events Rising: The Maryland Patient Safety Center reported that “Level 1” adverse events (incidents resulting in death or serious disability) in Maryland hospitals have risen for four consecutive years, reaching 808 serious events in a single fiscal year.

High-Risk vs. Community Hospitals

Not all Baltimore birth centers are equal. Understanding the difference in care levels is critical for liability:

  • Level IV NICUs (Highest Care): Only Johns Hopkins Hospital and University of Maryland Medical Center have Level IV NICUs capable of handling the most complex birth traumas on-site.
  • The Transfer Risk: If a high-risk delivery occurs at a lower-level community hospital (Level I or II) and the baby is not transferred fast enough, the delay in cooling therapy (for HIE) can be the difference between recovery and permanent brain damage.

Understanding the causes of birth injuries helps families recognize warning signs and seek timely legal help. Next, let’s discuss recent settlements and what your case may be worth.

Birth Injury Settlements in Baltimore: What Is a Case Worth?

  • The value of a birth injury case depends on your child’s future needs, not a flat number.
  • Maryland law places a cap on non-economic damages (pain and suffering), which is around $935,000 to $1.1 million for 2024/2025.
  • There is no cap on economic damages, which cover lifetime medical care, therapies, adaptive equipment, and loss of earning capacity.
  • Economic damages often amount to millions of dollars in Baltimore due to rising costs of living and medical care.

By understanding how settlements are calculated, you can better plan for your child’s future. Now, let’s review the legal deadlines for filing a claim in Maryland.

Understanding Maryland Birth Injury Laws: When Must You File?

The clock starts ticking the moment the injury occurs, but the rules are different for the baby than they are for the parents. If you miss these deadlines (Statutes of Limitations), the court will dismiss the case.

Maryland Courts and Judicial Proceedings Code § 5-109 dictates these timelines.

Who is Filing? Deadline (Statute of Limitations)
Parents (Medical Bills) 3 years from the date of injury (birth)
Child (The Injury) Until age 21 (3 years after turning 18)
Wrongful Death 3 years from the date of death

Important Note: While the child has until age 21, do not wait. Evidence in Baltimore hospitals—especially electronic fetal monitoring strips—can be “lost” or corrupted over time. Staff members move or retire. The strongest cases are built immediately after the injury.

Knowing the deadlines is crucial, but proving liability is the next step. Let’s see how that process works.

Proving Liability in a Birth Injury Case

Establishing liability in a birth injury case requires a thorough investigation to show that medical malpractice or negligence occurred during the labor and delivery process.

Reviewing Medical Records

This often involves a detailed review of medical records, including fetal monitoring data, to identify any missed signs of fetal distress or other complications.

Working with Medical Experts

Our experienced birth injury attorneys work closely with medical experts to assess whether the       standard of care was breached and to pinpoint exactly where mistakes were made.

Gathering Additional Evidence

Additional evidence, such as witness statements or video footage, can further support your claim.

Once liability is established, our attorneys will file a medical malpractice claim and negotiate with insurance companies to recover damages for your child’s injuries. Having our experienced birth injury attorneys by your side ensures that your case is handled with the expertise and attention it deserves, increasing your chances of a successful outcome.

With liability established, it’s important to recognize the types of injuries that can occur. Let’s review the most common birth injuries in Baltimore hospitals.

Common Birth Injuries in Baltimore Hospitals: What Are the Warning Signs?

Our team has reviewed countless records from delivery rooms. While every birth is unique, we look for specific patterns of negligence that lead to catastrophic outcomes, including childbirth injuries. Improper management of childbirth complications or the use of delivery tools such as forceps or vacuum-extractor devices can result in serious injury to both mother and child, including brain damage, skull fractures, and other irreversible harm.

Warning signs may include seizures, difficulty breathing, limpness, or abnormal responses in the hours or days after birth. Birth injuries caused by improper or excessive use of assisted delivery tools can lead to lasting harm. Birth injuries often result in severe, permanent health conditions that require lifelong care and support. However, the best care for children with birth injuries can lead to better outcomes and improved quality of life.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a serious condition caused by a lack of oxygen to the brain during birth, which can lead to permanent damage. In a busy city hospital, nurses may be managing too many patients at once and miss the warning signs of fetal distress on the monitor. Failure to detect a prolapsed umbilical cord can stop the flow of blood and oxygen to the brain, leading to serious injuries.

  • The Stat: According to data from the Maryland Department of Health, Baltimore City historically struggles with higher rates of low birth weight and preterm births, which can complicate deliveries. However, HIE is often caused by management errors during labor, not just the baby’s size.
  • Learn More: Hypoxic-Ischemic Encephalopathy (HIE) Information

Cerebral Palsy (CP)

Hypoxic-ischemic encephalopathy (HIE) is a serious condition caused by a lack of oxygen to the brain during birth, which can lead to permanent damage. In a busy city hospital, nurses may be managing too many patients at once and miss the warning signs of fetal distress on the monitor. Failure to detect a prolapsed umbilical cord can stop the flow of blood and oxygen to the brain, leading to serious injuries.

  • The Stat: According to data from the Maryland Department of Health, Baltimore City historically struggles with higher rates of low birth weight and preterm births, which can complicate deliveries. However, HIE is often caused by management errors during labor, not just the baby’s size.
  • Learn More: Hypoxic-Ischemic Encephalopathy (HIE) Information

Shoulder Dystocia and Erb’s Palsy

Shoulder dystocia occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone. Negligence happens when the doctor panics and pulls too hard on the baby’s head, tearing the nerves in the neck (Brachial Plexus), which can result in brachial plexus injuries such as Erb’s palsy. Brachial plexus injuries, including Erb’s palsy, result from damage to the nerves controlling arm movement, often due to improper delivery techniques. Erb’s palsy is a specific type of birth injury caused by damage to the nerves controlling arm movement, often due to improper delivery techniques. These injuries can lead to weakness, loss of motion, or even permanent disability in the affected arm, requiring long-term medical care and therapy.

  • The Reality: There are specific maneuvers doctors are trained to do to free the shoulder. Pulling on the head is never the correct maneuver.

Now that you know the most common types of birth injuries, let’s discuss how you can help prevent them.

Preventing Birth Injuries: What Baltimore Parents Can Do

While not all birth injuries can be prevented, Baltimore parents can take important steps to reduce the risk of complications during pregnancy and delivery. Choosing a qualified and experienced healthcare provider is crucial, as is attending all recommended prenatal appointments and following medical advice. Parents should stay informed about potential the signs of fetal distress—such as decreased fetal movement or abnormal heart rate—and promptly report any concerns to medical staff. It’s also wise to avoid unnecessary medical interventions unless they are medically justified, and to seek a second opinion if you have doubts about your provider’s recommendations. By being proactive and engaged in your care, you can help ensure the safest possible outcome for your child. If a birth injury does occur, our skilled birth injury lawyers can help you recover compensation and hold negligent parties accountable for medical malpractice or negligence.

With prevention in mind, let’s look at which Baltimore hospitals deliver the most babies and what that means for your care.

Which Baltimore Hospitals Deliver the Most Babies?

Baltimore is a medical hub. Most parents assume that because a hospital is famous, it is safe. However, high-volume hospitals face challenges with staffing ratios, resident supervision, and patient hand-offs. Medical professionals—including doctors, nurses, and hospital staff—play critical roles in both causing and preventing birth injuries in these settings.

1

The Johns Hopkins Hospital

Consistently ranked as one of the best hospitals in the nation, Hopkins handles the most complex, high-risk pregnancies in the region. However, as a teaching hospital, residents are heavily involved in care.

2

University of Maryland Medical Center (UMMC)

Located downtown, UMMC is a massive trauma and critical care center. They have a high-level NICU, but the sheer volume of patients can lead to errors in monitoring and triage.

3

Mercy Medical Center

Mercy is famous for “The Mary Catherine Bunting Center” and handles a significant portion of Baltimore’s births. They are known for their NICU.

4

MedStar Harbor Hospital

Located on the water, serving South Baltimore. Smaller than Hopkins or UMMC, but still a vital community resource.

5

Sinai Hospital of Baltimore (LifeBridge Health)

Serving Northern Baltimore. Sinai has a Level III NICU and a dedicated children’s hospital attached.

If your child was born at one of these hospitals and suffered an injury, the level of NICU care may be a factor in your case. Let’s review the top NICUs in Baltimore.

Baltimore's Critical Care Network: Level III & IV NICUs

The “Level” of care your child receives immediately after birth establishes the severity of their condition. In Baltimore, the difference between a Level III and a Level IV facility often dictates whether a child has access to life-saving pediatric surgery or simply advanced life support.

Level IV: The Highest Standard of Care

These facilities are equipped for complex surgical repair of congenital defects and Extracorporeal Membrane Oxygenation (ECMO) for infants with severe heart or lung failure.

Level III: Advanced Life Support

These units provide sustained life support (ventilation) for babies born under 32 weeks, but generally transfer infants requiring complex surgery to a Level IV.

  • Mercy Medical Center: Operates a highly active Level III NICU with 24/7 neonatology coverage.
  • Sinai Hospital: A full-service Level III facility equipped for high-risk newborns.

The Legal Implications of "Transfer Delay"

When a newborn shows signs of oxygen deprivation (HIE) at birth, the medical Standard of Care often requires the immediate initiation of therapeutic hypothermia (cooling therapy). This treatment is time-critical and must typically begin within a six-hour window to effectively reduce the risk of permanent brain injury.

If a birth occurs at a community hospital that lacks a specialized Neonatal Intensive Care Unit (NICU) equipped for cooling, the standard of care requires an immediate and coordinated transfer to a capable Level III or Level IV center.

Our investigation into transfer negligence focuses on:

  • The “Six-Hour” Window: We analyze transport logs and medical records to determine if administrative delays or slow dispatch times caused the baby to miss the critical window for cooling therapy.
  • NICU Capability Assessment: We evaluate whether the birth facility correctly identified the need for a higher level of care (Level III or IV) based on the infant’s clinical presentation.
  • Passive Cooling Protocols: We investigate whether the transferring hospital failed to implement “passive cooling” (maintaining a lower body temperature) during the wait for the transport team, which is a vital step in protecting the brain during transit.
  • Transport Team Coordination: Even a one-hour delay in a Maryland transport can be the difference between a successful recovery and a lifelong neurological deficit.

 

If the worst has happened, and your child did not survive, you may have a wrongful death claim. Here’s what you need to know.

Wrongful Death Claims for Infants in Baltimore

This is the conversation no parent ever expects to have.

According to the Baltimore City Health Department, the infant mortality rate in Baltimore City has historically been significantly higher than the Maryland state average. While some of this is attributed to systemic health issues, preventable medical error plays a role that is often overlooked in the statistics.

If your infant passed away due to negligence, Maryland law allows you to file a Wrongful Death Claim.

  • Viability Matters: Maryland courts generally require that a fetus was “viable” (able to survive outside the womb) for a wrongful death claim to be valid if the death resulted from injuries in utero.
  • Born Alive: If a child is born alive—even for a few minutes—and then passes away due to pre-birth injuries, a claim is almost always valid.

Our team at The Child and Birth Injury Firm treats these cases with aggressive compassion. We know you aren’t just looking for compensation; you are looking for accountability.

If you decide to pursue a claim, your case will likely be heard in a specific Baltimore courthouse. Here’s what to expect.

Courthouses in Baltimore City: Where Will Your Case Be Heard?

If we file a birth injury lawsuit for a birth injury that occurred at a Baltimore City hospital (like Hopkins, UMMC, or Mercy), the case will almost always be heard in the Circuit Court for Baltimore City.

This is a specific jurisdiction with its own judges and jury pool. Baltimore City juries are known for listening to the evidence and understanding the plight of injured victims, often more so than juries in surrounding rural counties.

1

Circuit Court for Baltimore City

2

Health Care Alternative Dispute Resolution Office (HCADRO)

  • Under Maryland law, any birth injury claim seeking more than $30,000 in compensation must technically begin at the Health Care Alternative Dispute Resolution Office (HCADRO). While this office was designed for arbitration, the standard legal strategy in complex medical malpractice cases involves filing a “Waiver of Arbitration.” This allows the case to move out of the administrative phase and proceed directly to the Maryland Circuit Court for trial.

While your case is pending, you may need support for your child. Here are some local resources.

Local Resources for Baltimore Families

If you are raising a child with special needs in Baltimore, you need support immediately. These resources are especially important for families with an injured child who requires ongoing support and care. Do not wait for a lawsuit to finish to seek help. Here are the most effective local organizations:

1

The Arc Baltimore: Provides advocacy, supported employment, and day services for people with developmental disabilities in the city.

2

Mt. Washington Pediatric Hospital: A critical resource for “step-down” care after the NICU, offering rehabilitation for children with complex medical needs.

3

Maryland Department of Disabilities (Baltimore Office): The state agency dedicated to advancing the rights of people with disabilities.

Pact: Helping Children with Special Needs: An affiliate of the Kennedy Krieger Institute, strictly focused on young children in the Baltimore area.

4

Choosing the right lawyer is one of the most important decisions you will make. Here’s how to find the best Baltimore birth injury lawyer for your family.

Local Resources for Baltimore Families

When choosing a medical malpractice birth injury lawyer in Baltimore, look for an attorney with birth injury medical malpractice experience, a strong record of successful verdicts and settlements, and a transparent contingency-based fee structure.

  • Experience: Attorneys should specifically focus on birth injuries, and understand complex medical issues like hypoxic-ischemic encephalopathy (HIE) and brachial plexus injuries.
  • Proven Track Record: A qualified birth injury lawyer should have a proven track record of success in medical malpractice cases, including verdicts and settlements.
  • Personal Attention: Choose a lawyer who provides personal attention and commitment to each case, not a high-volume firm where your case may get lost.
  • Financial Resources: It is important to choose a law firm that has the financial resources to invest in your case, including hiring top medical experts.
  • Contingency Fee Structure: A contingency fee basis is a common payment structure for birth injury lawyers, meaning you only pay if you win your case.

Experience in handling complex birth injury cases is crucial when selecting a birth injury lawyer in Baltimore. The right attorney will guide you through every step, from investigation to trial if necessary.

Now, let’s answer some of the most common questions Baltimore families have about filing a birth injury claim.

FAQs about Filing a Birth Injury Claim in Baltimore

Is it hard to sue a big hospital like Johns Hopkins?

It is challenging, but not impossible. Large hospitals have massive legal teams and “self-insure” against malpractice. They fight hard. You need a dedicated birth injury attorney with the resources, medical experts, and experience to navigate complex legal processes, meet strict deadlines, and stand up to their defense attorneys.

How do I know if it was malpractice or just a “complication”?

You probably won’t know just by looking. Medicine is complex. Malpractice occurs when a medical professional’s negligence causes harm by deviating from the “standard of care.” We determine this by having independent medical experts review the fetal monitor strips to see if the doctor ignored distress signals that a competent doctor would have seen. Birth injury cases often require expert testimony to establish that a medical professional’s negligence caused the injury.

What if my child’s injury doesn’t show up until they are older?

This is common. Developmental delays or cerebral palsy diagnoses often aren’t confirmed until age 2 or 3. You can still file a claim if your child suffered harm, even if the injury occurred years earlier. However, it is crucial to act quickly after a birth injury, as delays in filing a claim can jeopardize your ability to recover damages. Early action helps preserve evidence and strengthens your Baltimore birth injury case.

Will my case go to trial in Baltimore City?

Many birth injury cases are settled out of court. However, because Baltimore City is a “plaintiff-friendly” venue, defense lawyers are sometimes more willing to settle to avoid facing a jury there. If a fair settlement cannot be reached, the case may proceed to trial. We prepare every case as if it is going to trial to maximize that leverage.

How much does a lawyer cost?

We work on a contingency fee basis, which means you pay $0 upfront. We advance all costs for experts and filing fees. We only get paid a percentage of the settlement if we win your case.

Can I sue for a birth injury that happened 10 years ago?

Likely, yes. The child has until age 21 to file a Baltimore birth injury case. However, finding the records from 10 years ago can be difficult, so it is vital to contact us immediately so we can issue preservation letters to the hospital and act within the required time limits.

Does Maryland have a “Patient’s Compensation Fund”?

No. Maryland does not have a state-administered fund to pay out birth injury claims. Instead, compensation is typically recovered through the commercial medical malpractice insurance policies held by the healthcare providers and the hospital system.

Because birth injury claims often involve millions of dollars in long-term care costs, these insurance carriers aggressively defend their assets. Our legal process involves:

  • Establishing Liability: Filing suit directly against the negligent medical professionals and the hospital entity to prove a breach in the standard of care.
  • Contesting Undervaluation: Challenging the insurance industry’s internal “valuation” of a child’s injury, which often fails to account for the true, lifelong costs of specialized medical equipment, home modifications, and 24-hour nursing care.
  • Negotiating with Carriers: Managing the high-stakes negotiations with corporate insurance adjusters and defense counsel to ensure any settlement reflects the full scope of the child’s economic and non-economic losses.
Why do you need to hire medical experts?

Maryland law requires it. We must file a “Certificate of Qualified Expert” within 90 days of filing the complaint. If we don’t have a doctor sign off that the case is valid, the judge will throw it out. Expert testimony is necessary in birth injury cases to prove that medical negligence occurred and that a medical professional’s negligence caused the injury.

What is the first step?
  1. Contact our office for a free consultation.
  2. Sign a HIPAA release form to obtain your medical records.
  3. Our legal team will review the nurses’ notes, the doctor’s orders, and the fetal heart strips to build the timeline of what went wrong.
  4. We consult with medical experts to determine if malpractice occurred.
  5. If your case is viable, we file a claim and begin negotiations or prepare for trial.

Our birth injury lawyer team can help families navigate the complex legal process of filing a claim, including gathering evidence and negotiating with insurance companies.

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Testimonials

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.

Life-Changing Financial Security

For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.

Ongoing Client Support and Protection

Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.

Caring for Clients and the Community

Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.

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Free Consultation for Baltimore Families

Your child deserves the best care possible, but that care is expensive. If a doctor’s negligence caused your child’s injury, that doctor’s insurance should pay for the care—not you.

Do not let the hospital risk managers intimidate you. The team at The Child and Birth Injury Firm is ready to listen to your story, investigate the truth, and fight for your family’s future.

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