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Practice Tip: Cell Phone Usage and Brain Tumors
Recent headlines have reignited interest in litigation involving the link between cell phones and the development of brain tumors. In May, 2011, the World Health Organization (WHO) began listing mobile phone exposure as “possibly carcinogenic to humans.” In October 2012, the Italian Supreme Court became the first high court of any country to rule in favor of a link between mobile phone radiation and tumor development. A month later, commissioners in Pembroke Pines, FL, passed a resolution, believed to be the first of its kind in the state, to encourage cell phone users to keep their phones at least one inch away from their bodies. Michele Mullen, City Warns of Cell Phone Cancer, WCSH6, Nov. 29, 2012, http://on.wcsh6.com/HxVhAQ.
On March 29, 2013, an Illinois man sued cell phone manufacturers, claiming that his cell phone usage over the past 20 years caused his brain tumors. James Voelker v. Verizon Wireless Services LLC, No. 2013L003269, Circuit Court of Cook County IL. Is it time to put down cell phones to avoid increasing our risk of developing brain tumors? No, according to most larger-scale studies that have examined the possible link. Even after an initial wave of cell phone litigation in the mid-1990s to early-2000s, there still is an absence of a credible causation connection between cell phone usage and tumor development.
This article examines some recent developments in the scientific literature, and legal issues regarding claims that mobile phone radiation causes tumor development. It explores the issue of whether the scientific literature over the past 10 years warrants any change in the law for American plaintiffs bringing suits against cell phone manufacturers. Based on the scientific studies over these years and the standard set forth in Daubert v. Merrell Dow Pharmaceuticals., Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993), this article concludes that a change in the application of the law in American courts is not supported.
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