Supreme Court Opines on Radiation Lawsuits Against Cell Phone Manufacturer
On May 31, 2011, the U.S. Supreme Court asked acting Solicitor General Neal Kumar Katyal to file a brief, communicating the federal government’s views on whether reviving a putative class action accusing many cell phone providers of failing to warn and protect users from purportedly dangerous and hazardous radio frequency emissions would preempt federal regulatory responsibilities. Plaintiff Francis Farina’s petition for review claims that Nokia Corp., AT&T Wireless Services Inc., and more than a dozen other defendants masked research about allegedly harmful radiation so that these companies were free to mass-produce cell phones without any regulatory restraints.
Protecting Against Harmful Radiation
Farina’s lawsuit was appealed up to the Supreme Court and alleged that over 190 million cell phone users in the United States are exposed to potentially hazardous levels of radiation on a regular basis, simply as a result of holding their phones against their heads. According to the lawsuit, proper use of a headset eliminates the radio frequency exposure to the cell phone user’s head. Headsets have been on the market for quite some time; however, Farina claimed defendants marketed them only as an added accessory. The relief Farina sought in the lawsuit was the added requirement that all cell phones include headsets, which, he claimed would not undermine the federal regulatory responsibilities of the Federal Communications Commission. Overall, Farina claimed that the defendants misrepresented that their cell phones are safe when in fact, they are very aware of the potential dangers cell phones pose to users. The World Health Organization’s (“WHO”) report, published on May 31, 2011, reclassified cell phone use as a possible carcinogenic, putting it in the same cancer category as coffee and chloroform, which could change current perceptions. Cell phones emit radio frequency, which is a form of electromagnetic radiation that has been linked to the risk of developing malignant and benign brain tumors. There is a concern that the radio frequency produced by cell phones may affect the brain and other tissues in the head, because cell phones are usually held close to the head.
Cell Phone Radiation Lawsuit
If you or a loved one has experienced any problems as a result of cell phone radiation exposure, you may be able to file a lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our lawyers today for a free and confidential lawsuit evaluation. The lawyers at Bernstein Liebhard LLP have extensive litigation experience and have recovered billions of dollars for their clients.