Cell Phone Radiation Lawsuit
Bernstein Liebhard LLP continues to investigate potential cell phone radiation lawsuits in light of increasing concerns over the dangers associated with cell phone radiation. In May 2011, the World Health Organization (“WHO”) reclassified cell phones as “possibly carcinogenic”, placing them in the same category as chloroform and lead. The WHO found prolonged cell phone radiation exposure is linked to brain tumors such as glioma, a malignant form of brain cancer, and acoustic neuroma, a slow growing tumor of the nerve that connects the ear to the brain. Other studies resulted in similar findings.
An October 17, 2011 Environmental Health Trust study found that 97 percent of cell phone users may be exposed to unsafe levels of cell phone radiation. The study determined that industry testing for the amount of radiation emitted from cell phones was performed under unrealistic conditions, on a mannequin of above average weight and height. Users suffering from cell phone radiation side effects may develop:
- acoustic neuoroma;
- meningioma; and
- tumors of the salivary glands.
Who Should Pursue A Cell Phone Radiation Lawsuit?
Heavy cell phone users who have been diagnosed with certain types of cancer and tumors may be able to file a cell phone radiation lawsuit against mobile device manufacturers. The following prerequisites must be met in order to initiate a claim:
- prolonged exposure to cell phone radiation
- talking on a cell phone twice a day for at least ten years; or
- seven years of extensive use
- ipsilateral tumors
- tumors on the same side of the head that the cell phone is regularly used.
- Cell Phone Radiation
- Cell Phone Radiation Lawyer
- Cell Phone Cancer And Tumor Risks Linked To Cell Phone Radiation Exposure Levels
Dangerous Product Alerts
If you satisfy the criteria set forth above, you should speak with a cell phone lawyer to discuss your legal rights and options. In order to evaluate your potential cell phone radiation lawsuit, our legal team will need the following information:
- your age at the time of diagnosis;
- make and model number(s) of your cell phone(s);
- manufacturer for each cell phone used;
- service carrier(s) for each cell phone used;
- whether you have a family history of cancer; and
- existence of occupational hazards (whether there was regular exposure to radiation at your job)
Viable Causes of Action Alleged in Cell Phone Radiation Lawsuits
The lawyers at Bernstein Liebhard LLP are actively investigating cases on behalf of individuals who suffered from the serious side effects of cell phone radiation. The three main claims alleged in the cell phone radiation lawsuits are:
- Negligent Misrepresentation
- manufacturers knew or should have known that their representations and warranties regarding the safety of cell phones were misleading and false;
- manufacturers misrepresented that their mobile devices complied with Federal Communications Commission (“FCC”) regulations; and
- if consumers had been given accurate and adequate information about the risks associated with cell phone use, it is probable that many consumers would have taken precautionary measures in order to avoid the harmful side effects associated with cell phones.
- Failure To Warn
- manufacturers failed to provide and include proper and necessary warnings regarding the potential adverse health effects associated with cell phone use; and
- manufacturers knew, or should have known about the harmful effects of cell phone use, yet failed to instruct consumers on how to properly use the mobile devices or inform them of the availability of protective accessories, which could have been used in order to reduce the risk of radiation exposure.
- Unsafe Product And Design Defect
- cell phones were designed and labeled in an unsafe and defective condition, which was extremely dangerous for use by the public;
- manufacturers should have known that the foreseeable risks were far greater than the supposed benefits associated with cell phone design; and
- manufacturers should be held strictly liable for manufacturing and marketing unsafe cell phones to the general public.
How to File a Cell Phone Radiation Lawsuit?
If you or a loved one has been diagnosed with glioma, acoustic neuroma, meningioma or tumors of the salivary glands as a result of exposure to cell phone radiation, you may be able to file a cell phone radiation lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact a cell phone radiation lawyer at our firm today for a free case review.