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Court Allows Expert Testimony in Litigation Alleging Cell Phone-Linked Tumors According to Consumers’ Legal Team

Aug 12, 2014


DC Superior Court Judge Frederick Weisberg last week ruled that experts testifying that cell phone radiation causes brain cancer relied on appropriate and admissible scientific evidence in reaching their conclusions.   The court is considering the cases of thirteen men (or their surviving family members)  who had developed brain cancer after long term use of cell phones.  

The Judge noted that while evidence on the link between phones and cancer is not conclusive, society can not afford to insist on definitive proof of human harm before taking precautionary steps to lower risks.  In words that echo advice provided by Environmental Health Trust and others concerned with this issue, the judge noted:

“If there is even a reasonable possibility that cell phone radiation is carcinogenic, the time for action in the public health and regulatory sectors is upon us. Even though the financial and social cost of restricting such devices would be significant, those costs pale in comparison to the cost in human lives from doing nothing, only to discover thirty or forty years from now that the early signs were pointing in the right direction.”Click here for the full story.

While agreeing with the U..S. National Institute of Medicine, the Government Accountability Office, EHT and many other expert groups that more research is needed, the court expressly held that “If the probability of carcinogenicity is low, but the magnitude of the potential harm is high, good public policy dictates that the risk should not be ignored.”

Referencing the pivotal work of Judge Richard Posner, in his book Catastrophe:  Risk and Response,  Judge Weisberg noted that recent studies not reviewed by the court by French scientists had reported higher risks of brain cancer in those using phones a decade.

“The families of these men have paid a heavy price for the failures to provide clear information on ways to reduce health risks from these two-way microwave radiating devices,” noted Dr. Devra Davis, President of Environmental Health Trust and author of Disconnect–the truth about cell phone radiation.