Bug: Touch of Death swarm not spawning on initial hit kill

I am using Touch of Death with the Invasive ToD upgrade. I do not have the Noxious Resonance key talent.

When the initial hit of ToD kills the target, the swarm does not seem to spawn, but the skill still goes on cooldown, meaning the skill does a lot less damage than expected, because all the swarm damage is missing. The swarm appears to spawn as expected if the skill manages to tick once before the target dies.

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I just want to bump this. This is driving me crazy! The stronger I get, I have to only use ToD on the healthiest mobs or else it won’t trigger and the swarm popping is key to spreading poison dots. Agreed exactly with above, if you 1 shot a mob, no swarm, if they don’t die then it will spawn. Would love to see this fixed.

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This still occurs even though it has been months since it was reported. I cannot think how this can be intended behavior. It essentially is a big nerf to the skill if you happen to hit the wrong mob in a pack.

Would it be possible to at least get an acknowledgement that this is being considered?