Lawsuit: US Superior Court Oks Expert Cell Phone Radiation Brain Tumor Testimony

A monumental decision in cell phone linked brain tumor cases is awaiting a Washington DC judge’s ruling. Thirteen court  cases are now cleared to proceed to trial as the judge has deemed peer-reviewed science is strong enough to merit going to trial over wireless brain cancer risk .

11/23/2015 CASE UPDATE: WSJ Reports Murray Cellphone Cancer Case May Cost Wireless Industry Over 1.9 Billion Dollars

A Washington D.C. superior court ruled that five scientific expert witnesses can testify for consumers suffering from brain tumors allegedly caused or promoted by cell phone use.  The law firms Ashcraft & Gerel LLP Morganroth and Morganroth PLLC Lundy Lundy Soileau & South L.L.P. and co-counsel outlined details by issuing a press release published on the CNBC website today.

cell-phone-user-wins-lawsuitJudge Frederick H. Weisberg who is presiding over 13 consolidated lawsuits against the telecom industry ruled that experts met the Dyas/Frye legal standards and can offer testimony related to injury causation and health effects. The court held evidentiary hearings in December 2013 and January 2014 and reviewed hundreds of exhibits.

Judge Weisberg noted that while the court did not decide the issue of whether cell phones radiation causes brain tumors; new scientific studies and information have emerged recently indicating a link to brain cancer. His order referred to a May 2014 French case-control epidemiological study that found support for “a possible association between heavy cell phone use” and brain tumors.

The French findings were published on 9 May 2014 in the international peer-reviewed journal of occupational & environmental medicine, titled “Mobile phone use and brain tumours in the CERENAT case-control study”.

The conclusion of the results of this study are best said in the studies abstract “additional data support previous findings concerning a possible association between heavy mobile phone use and brain tumors”

Researchers found that people who used mobiles for 15 hours per month on average had a two to three times greater risk of developing glioma and meningioma — the main types of brain tumor — compared with those who used their phone rarely.

The comparison found a higher risk among those who used their phone intensively, especially those who used it for their work, such as in the sales industry. The duration of use in this category ranged from between two and 10 years, averaging at five years.

“A positive association was statistically significant in the heaviest users when considering life-long cumulative duration (≥ 896 h, OR 2.89; CI 1.41-5.93 for gliomas; OR 2.57; CI 1.02-6.44 for meningiomas) and number of calls for gliomas (≥ 18,360 calls, OR 2.10, CI 1.03-4.31). Among heavy mobile phone users (≥ 896 h) increased risks were observed for gliomas (OR 2.89, CI 1.41-5.93), temporal tumors (OR 3,94, CI 0.81-19.08), occupational use (OR 3.27, CI 1.45-7.35) and urban mobile phone use (OR 8.20, CI 1.37-49.07).  The authors conclude that the results of the present study support previous findings concerning a possible association between heavy mobile phone use and brain tumors.”

Each of the plaintiffs in the litigation suffers from a brain tumor or is suing for a family of someone who died of brain cancer.

Hunter Lundy of Lundy Lundy Soileau & South LLP said “The telecom industry argued for years that cell phone consumer litigants could not produce scientists who could relate exposure to cell phone radiation to tumors. The ruling today refutes that contention and our experts’ opinions having met the Dyas/Frye test are admissible.”

Jeffrey B. Morganroth of Morganroth and Morganroth PLLC said “We now have opinions and testimony from prominent scientific experts that will be admissible and support our clients’ claims that cell phone radiation can cause brain tumors in humans. With this landmark ruling the cases are moving forward to fact discovery.”

Michelle Parfitt and James F. Green of Ashcraft & Gerel LLP said “The evidence presented at the evidentiary hearings months ago only included publicly available materials and did not include any testing data or information in possession of the defendants. We will seek that information as soon as possible.”

The first of the consolidated cases is “Michael Patrick Murray et al. v. Motorola Inc. et al.” Case No. 2001 CA 008479 B in the Superior Court for the District of Columbia. The defendants in the cases are Motorola Inc. Qualcomm Inc. Nokia Inc. Audiovox Communications Corp. and Samsung Telecomm American LLC.




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