Cell Phone Radiation Litigation

Knowles Law Firm, PC practices in the area of cell phone radiation litigation and is investigating and undertaking representation of individuals, who we believe developed brain tumors and/or other serious health issues as a direct result of their cell phone use.  Knowles Law Firm, PC is pursuing claims related to:

• Glioblastoma Multiforme
• Acoustic Neuroma
• Anaplastic Astrocytoma
• Ependymoma
• Oligodendroglioma

Individuals may be entitled to seek compensation for losses sustained as result of cell phone radiation, which include:

• Medical Expenses
• Lost Income
• Pain and Suffering
• Wrongful Death
• Justice and Accountability for the Responsible Parties

WHAT IS CELL PHONE RADIATION?

Cell phones emit radio frequencies (RF), a form of non-ionizing electromagnetic energy, also known as cell phone radiation.  Prior to February 26, 1985, the United States had no federal standards for RF radiation exposure to the consumer and the public at large.  The United States Federal Communications Commission (FCC) looked at one concern that involved the ability of microwave and RF radiation to heat up human flesh to dangerous levels and issued guidelines that attempted to protect consumers from the “thermal effects” of RF radiation.  On August 7, 1996, the FCC with input from other United States federal government regulatory bodies expanded its RF guideline to include the Specific Absorption Rate (SAR), which is a measure of the rate in which body tissue absorbs RF energy.  The FCC standards reflect acceptable levels of 1.6 W/kg taken over the volume containing a mass of 1 gram of tissue that is absorbing the most signal.  In the European Union, the SAR level is 2 W/kg averaged over the 10 g of tissue absorbing the most signal.  Notably, the SAR does not reflect the amount of RF radiation that could cause damage at a cellular and chromosomal level.

WHAT ARE THE NUMBERS ASSOCIATED WITH CELL PHONES IN OPERATION?

According to GSMA Intelligence, which according to its website “represents the interests of mobile operators worldwide,” as of March, 26, 2019, with a global population of 7.7 billion people, there are globally 8.9 billion mobile connections (cell phones).  There are 1.2 billion more cell phones than people in the world.  In the United States as of the end of the 4th quarter of 2018, there are 346.9 million mobile connections with a total population of 327.9 million.  In the European Union, which comprises the countries of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, there are 642.4 million mobile connections with a total population of 510.3 million.  In the European Economic Area, which comprises the countries of Iceland, Liechtenstein, and Norway, there are approximately 6.9 million mobile connections with a total population of 5.7 million.  In total, this reflects 996.2 million cell phones to a population of 843.9 million.  These statistics equate to more cell phones than every man, woman, and child in the entire United States, European Union, and European Economic Area combined.  The percentage of cell phones to the US, EU, and EEA geographic population equates to 118%.

COUNTRY                              CELL PHONES        POPULATION         PERCENTAGE TO POPULATION

• United States                            346.9 million              327.9 million              106%
• European Union                       642.4 million              510.3 million               126%
  • Austria                         13.4 million                 8.8 million                  153%
  • Belgium                        10.3 million                 11.5 million                 90%
  • Bulgaria                        9.7 million                  7.0 million                  138%
  • Croatia                         4.9 million                  4.2 million                  119%
  • Republic of Cyprus     1.7 million                   1.2 million                  145%
  • Czech Republic           14.8 million                 10.6 million                140%
  • Denmark                      8.8 million                  5.8 million                  153%
  • Estonia                         1.8 million                   1.3 million                   138%
  • Finland                        10.4 million                  5.6 million                  187%
  • France                          64.5 million                 65.4 million                 99%
  • Germany                      115.5 million                82.4 million                 140%
  • Greece                          16.0 million                 11.1 million                  144%
  • Hungary                       11.4 million                  9.7 million                  117%
  • Ireland                          4.7 million                   4.8 million                  98%
  • Italy                              85.3 million                 59.3 million                 144%
  • Latvia                            2.7 million                   1.9 million                  142%
  • Lithuania                      3.9 million                   2.9 million                  136%
  • Luxembourg                 820,600                        593,700                       138%
  • Malta                            655,800                         432,700                       152%
  • Netherlands                 17.4 million                   17.1 million                 102%
  • Poland                          50.7 million                  38.1 million                 133%
  • Portugal                       15.6 million                   10.3 million                 152%
  • Romania                      26.9 million                   19.5 million                 138%
  • Slovakia                       7.8 million                     5.5 million                   143%
  • Slovenia                       2.2 million                     2.1 million                   106%
  • Spain                            54.3 million                   46.4 million                117%
  • Sweden                         14.6 million                  10.0 million                 145%
  • United Kingdom          71.7 million                  66.8 million                 107%
• European Economic Area        6.9 million                   5.7 million                   121%
  • Iceland                          487,400                         339,200                         144%
  • Liechtenstein                17,700                            38,300                          46%
  • Norway                          6.4 million                   5.4 million                    120%

CELL PHONE RADIATION AND A LINK TO CANCER AND OTHER HEALTH ISSUES

In recent years, there is a growing trend of independent medical and scientific studies which have gathered data showing a causal link between cell phone radiation exposure and the development of certain brain tumors and/or other health problems.  A brief overview of the growing concerns related to cell phone radiation are discussed below.

In 1993, a lawsuit was filed against NEC America, one of the manufacturers of cell phones, in Florida alleging that a 33 year old female died of a malignant brain tumor from cell phone radiation.  The lawsuit alleged that the cell phone “was equipped with an antenna so positioned as to cause exposure to microwave radiation in an excessive and unsafe amount to the portion of the brain where the tumor was found.”

On May 17, 2010, the INTERPHONE study was released which found “suggestions of an increased risk of glioma, and much less so meningioma, at the highest exposure levels.”  This study did not establish a causal link; however, the study being conducted over 10 years throughout 13 countries found that consumers who spent at least 30 minutes a day on a cell phone for over 10 years had a doubled risk of developing glioma (malignant brain tumor).  The study failed to take into account society’s most vulnerable, children, due to the small size of their heads and exposure to radiation.

On June 22, 2010, the San Francisco Board of Supervisors enacted an ordinance that required cell phone retailers to post the radiation levels in the retail stores. The next day, a powerful trade group known as CTIA, which describes itself on its website as the “voice of America’s wireless industry” and which “advocates for legislative and regulatory policies at federal, state, and local levels that foster the continued innovation, investment and increasing economic impact of America’s wireless industry,” filed a federal lawsuit to strike the law on the grounds that the ordinance was a violation of the industry’s free speech rights. Ultimately, the 9th Circuit, Court of Appeals in an unpublished ruling held that the ordinance requirements of providing a “Cell Phone Fact Sheet” containing recommendations that did not appear in existing cell phone user manuals, such as requiring to “limit cell phone use by children” violated the industry’s free speech rights.  CTIA did not stop there.  Defeating an ordinance that attempted to inform the consumers of general cell phone safety, most of which was already recognized by the FCC, in particular as it relates to good cell phone safety practices for children, was not enough.  CTIA petitioned the Court to award the industry its’ attorneys’ fees in the amount of $112,097.00.  It appears from the record that the city repealed the ordinance in exchange for CTIA waiving their sought attorneys’ fees.  Of note in 2018 according to the Senate Office of Public Records, CTIA spent over 11 million dollars for purposes of lobbying the industry’s interests.

On February 23, 2011, the Journal of the American Medical Association published a study showing that cell phone radiation causes biological effects in the brain such as increased glucose metabolism in the area of the brain located closest to the cell phone antenna.

On May 31, 2011, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) issued a press release stating that cell phone radiation was added to the list of Group 2B agents which are “possibly carcinogenic to humans.”  Group 2B agents also include DDT (a pesticide) and lead.  Group 1 agents are carcinogenic to humans, while Group 4 are probably not carcinogenic to humans.

On October 18, 2012, the Italian Supreme Court was the first court in the world to hold a causal link between cell phone use and brain tumors.  The Italian Court concluded “that scientific evidence advanced in support of the claim was reliable.”  The case involved Innocente Marcolini, a retired 60 year old business executive who developed a benign neuro tumor resulting in partial paralysis, which was caused from cell phone use at work for five to six hours per day over a twelve year period.  Mr. Marcolini presented evidence based on studies conducted by Lennart Hardell, a world-renowned cancer specialist at the University Hospital in Oreboro in Sweden. The Court held that the evidence was independent and “unlike some others, was not financed by the same companies that produce mobile telephones.”

On July 24, 2012, the U.S. Government Accounting Office (GAO) issued a report concluding that the FCC should “formally reassess” the Specific Absorption Rate (SAR) and effects of cell phone radiation on human health.

In 2013, the French La Maison Départementale des Personnes en Situation de Handicap (MDPSH) may have been the first court in the world to recognize a disability claim for electromagnetic hypersensitivity (EHS).  EHS is recognized by the WHO; however, it was not recognized in France.  Ms. Marine Richard, a 39 year old, developed headaches, fatigue, and short-term memory issues due to sensitivity to electromagnetic radiation and provided evidence sufficient to establish that she was disabled.  The Toulouse court did not officially recognize EHS as an illness in the ruling, but it did find there to be a causal connection between cell phone EMF and EHS and award Ms. Richards a monthly disability payment for three years.

Additionally by way of letter dated August 29, 2013, the American Academy of Pediatrics, “a non-profit professional organization of 60,000 primary care pediatricians, pediatric medical sub specialists, and pediatric surgical specialists,” stated that the organization “supports the reassessment of radiation standards for cell phones and other wireless products and the adoption of standards that are protective of children and reflect current use patterns.”

On May 8, 2015, CTIA filed another lawsuit in California against the City of Berkeley to block its “right to know” ordinance on very similar grounds as to the 2010 San Francisco ordinance litigation, which was mentioned above. The goal of CTIA’s lawsuit was to strike the city’s law requiring cell phone retailers to provide to each consumer, who buys a cell phone, the following notice:

The City of Berkeley requires that you be provided the following notice: 

To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines.  If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation.  This potential risk is greater for children.

Refer to the instructions in your phone or user manual for information about how to use your phone safely.

Section 9.96.030

CTIA’s position is that this ordinance is a violation of the industry’s free speech rights. Ultimately, the 9th Circuit, Court of Appeals upheld the ordinance on the grounds that it was based on FCC information and in the public interest, but this ruling was too much for the industry, which filed an appeal to the U.S. Supreme Court.  The U.S. Supreme Court vacated the ruling and remanded it to the 9th Circuit for further review.

On May 11, 2015, over 200 scientists from dozens of countries submitted a request to the UN and WHO appealing  that more protective exposure guidelines be enacted around the globe for EMF and wireless technology, particularly to children.

On May 26, 2016, the U.S. National Toxicology Program (NTP) released its 10 year study which found an increased incidence of gliomas (malignant brain tumors) and schwannomas (heart tumors) in rats exposed to RF radiation.

In July 2016, the High Court of Madrid in Spain was another of the first courts in the world to recognize a disability claim for electromagnetic hypersensitivity (EHS).  An unnamed telecommunications engineer, who worked at Ericsson, developed headaches, sleep disorders, and muscle aches which were intensified while at work where electromagnetic fields were stronger and present at a higher power.  The court analyzed the medical findings and recognized the claimant’s EHS caused his total permanent disability to work in the occupation of telecommunications engineer and awarded the claimant a percentage of his base salary. This case is another important ruling finding a causal connection between EMF and EHS, and according to this case awarded the worker total permanent disability.

In 2017, Roberto Romeo, a 57 year old telecommunications worker who developed an acoustic neuroma resulting in loss of hearing in one ear, which he alleged was caused from using his cell phone at work for three to four hours per day over a fifteen year period. Mr. Romeo filed a disability claim with the Italian Workers’ Compensation Authority, and the record reflects that Mr. Romeo’s counsel submitted evidence of the NTP study.  Italy issued the second legal ruling in the world finding a causal association between cell phone radiation exposure and the development of a brain tumor and awarded Mr. Romeo a lifelong monthly disability payment.  It was reported that the Court refused to look at any studies that had been funded by the cell phone industry.

On November 1, 2018, the NTP issued its final peer-reviewed report, which concluded that there is “clear evidence of carcinogenic activity” in male rats exposed to RF radiation.

In 2018 and according to the Senate Office of Public Records, the telecommunications sector spend over 93 million dollars for purposes of lobbying the industry’s interests.

On March 28, 2019, an elementary school located in Ripon, California, was the site where a cell phone tower located on the campus was turned off by Sprint, which is in the process of relocating the tower.  The cell phone tower was shut down, due to concerns that four students and three teachers had been diagnosed with different forms of cancer, including brain tumors, since 2016.  Additionally, two nearby pre-school age children were treated for a malignant tumor and leukemia.  Another graduate from the school, who is now 22 years old, had surgery in 2018 for a brain tumor.

Of growing concern is the link to glioma, a malignant brain tumor, and acoustic neuroma, a non-malignant brain tumor that grows on the auditory nerve that runs from the ear to the brain.

The studies primarily focus on several factors, which include but may not be limited to:

• amount of time spent on a cell phone per day
• age of the person
• whether the cell phone is being used up to the head or in other words the distance of the cell phone from the body
• strength of the cell phone signal
• model of cell phone
• size of the head of the person

CELL PHONE RADIATION EXPOSURE LITIGATION

Cell phone radiation poses serious health concerns for consumers and the general public.  If you have developed a brain tumor, whether malignant or non-malignant, please contact our firm to discuss your potential legal options.  Cell phone manufacturers have a duty to warn consumers of dangerous effects associated with the use of their products. Additionally, cell phone manufacturers may have been misrepresenting the safety of their products to the public and regulatory bodies throughout the globe.