Italy’s highest court has upheld a lower court ruling that a brain tumor suffered by a heavy mobile phone user was caused by cell phone radiation.  Some legal experts believe the Italian Supreme Court’s finding of a causal link between cell phone radiation and brain tumors could inspire more people to pursue cell phone radiation lawsuits.

The Italian case involved a businessman, Innocenzo Marcolini, who developed a brain tumor called a neurinoma on the left side of his head.  According to his cell phone radiation lawsuit, Marcolini’s tumor was not malignant, but because it affected his cranial nerve, he was forced to have surgery.  His quality of life has been badly affected since, his lawsuit alleged. According to a Reuters report, Marcolini said he had used his cell phone up to six hours a day for 12 years.  He would hold the mobile phone in his left hand on the left side of his head, leaving his right hand free to take notes.

In reaching its decision, the Italian Supreme Court relied heavily on studies conducted from  2005-2009 by a group led by Lennart Hardell, a cancer specialist at the University Hospital in Orebro in Sweden, according to Reuters.  The court characterized Hardell’s research as independent and “not co-financed by the same companies that produce mobile telephones”.

“This is significant for very many people. I wanted this problem to become public because many people still do not know the risks,” Marcolini said after the ruling was handed down. “I was on the phone, usually the mobile, for at least five or six hours every day at work. I wanted it recognized that there was a link between my illness and the use of mobile and cordless phones…Parents need to know their children are at risk of this illness.”

Last year, a panel of 31 experts convened by the World Health Organization deemed cell phone radiation a possible carcinogen.  Its decision to do so was also heavily influenced by the Hardell research.

According to a report from The Telegraph, Marcolini’s case was also bolstered by expert testimony provided by oncologist Angelo Gino Levis and neurosurgeon Giuseppe Grasso.   Levis later posited that the Italian Supreme Court’s decision could result in the filing of more cell phone radiation lawsuits.

“The court decision is extremely important. It finally officially recognizes the link,” Dr. Levis said. “It’ll open not a road but a motorway to legal actions by victims. We’re considering a class action.”

Published October 30, 2012 by