New cellphone health litigation surfaces in California court
August 5 2008 - 1:50 pm EDT | Jeffrey Silva | RCR Wireless News
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A new health lawsuit has surfaced in California against T-Mobile USA Inc., Motorola Inc. and Samsung Telecommunications America Inc., the complaint coming after a relative lull in litigation against the wireless industry and amid a resurgence of concern over whether mobile phones pose a hazard to throngs of consumers here and abroad.
The lawsuit, filed by Michael R. Bennett and transferred from state court to federal court last week, states that a Samsung handset serviced by T-Mobile USA was used on a daily basis between August 2003 and December 2005 for work and personal use by Bennett. The Motorola phone, according to the complaint, was operated in similar fashion by Bennett between December 2005 and April 2006.
“On April 28, 2006, plaintiff suffered a sudden hearing loss in his right ear, vertigo, loss of equilibrium, and other personal injuries related thereto, and has continued to suffer the same injuries from said date through and including the present date,” stated the lawsuit. “Upon plaintiff’s information and belief, plaintiff’s injuries were caused by electromagnetic radiation emanating from the Samsung cellphone and from the Motorola cellphone during plaintiff’s use thereof, resulting from improper and unsafe design, manufacturing and production of the Samsung cellphone by defendant Samsung and of the Motorola cellphone by defendant Motorola, and by said defendants’ respective failure to adequately warn of such dangers.”
“Motorola takes the safety of its products and its customers very seriously. Motorola regularly reviews all aspects of product design, operation and performance to ensure that its products are safe. We do not know the specifics of the allegations in this complaint, and obviously have not yet had an opportunity to review and investigate them. Therefore, Motorola cannot comment further about the complaint at this time,” Motorola said in a statement. “More generally, we can say that expert scientific panels and health agencies around the world have consistently confirmed the safety of the RF technology used in mobile phones.”
T-Mobile USA and Samsung did not immediately respond to e-mails requesting comment.
Only a handful of health-related lawsuits filed against the wireless providers, manufacturers and others over the past decade are still active, with industry prevailing in one case after another. Health litigation to date has been as much — if not more in some instances — about jurisdiction as about the science itself.
Health officials here and overseas say research to date indicates mobile phones do not pose a health threat to users, which number more than 3 billion worldwide, but they support further scientific investigation in light of studies that have shown adverse biological effects from low-level radiation. Some European officials have recommended limiting cellphone use by children as a precautionary measure. Most wireless health research is being conducted overseas, with results of the 13-nation Interphone study possibly due out before year’s end.
The Federal Communications Commission’s human exposure guidelines for radio-frequency radiation emitted by mobile phones and transmitters have withstood legal challenges in recent years, though controversy continues to swirl regarding coming changes that critics claim will weaken the RF standard. It is the Food and Drug Administration, however, that actually has legal oversight over the safety of cellphones.
The director of a prestigious cancer research center in Pittsburgh recently urged colleagues to limit their use of mobile phones because of potential health risks. Dr. Ronald Herberman’s warning, as well as recent attention given to mobile phones and health on CNN’s Larry King Live, have reignited a fierce debate that had otherwise calmed down. Indeed, sparks have been flying as result of an Aug. 3 opinion challenging Herberman in the Pittsburg Post-Gazette and a subsequent article in today’s paper on the kerfuffle.
Eight years ago this month an $800 million brain-cancer lawsuit was brought in Maryland state court against Motorola and others. The lawsuit was removed to federal court and ultimately thrown out for lack of scientific evidence by U.S. District Judge Catherine Blake in September 2002.
August 18, 2008 07:33 am
It is too easy to blame electromagnetic radiation for everything. Often one can find other explanations for the same symptoms. The plaintiff's problems resemble closely the sternocleidomastoid syndrome, which was discovered long before the cell phone was invented.
August 16, 2008 05:19 pm
This is absolutely absurd. There are millions and millions of people who use the same cell phones every day, yet there are not millions and millions of people with complaints of sickness. If you cannot be near a cell phone or wifi because it makes you ill, then you cannot be near radios, microwave ovens, televisions etc... There would never be any proof that the loss of hearing came from a cell phone. How do we know the loss wasn't from being near a speaker at a concert, or sporting event? this is like the lady that sued McDonalds for the coffee being hot when she dropped it in her lap. Absolutely unbelievable someone would try this! I know there are some sick people in the world, but I can't believe this. Hey, I'm going to sue the sports drink industry now because when I drink a sports drink, my sweat isnt the same color as the drink, as the commercial makes it look....
August 14, 2008 03:09 am
Radio waves move far. And therefore be used for information to carry along. By clicking on a radio wave yet another wave information together. This is called modulation. That can be done in several ways. Two most common are these: AM amplitude modulation, then word on the size of what you want to transfer the power modulated broadcasting. FM frequency modulation, then changed the frequency on the size of what you want to convey. The two waves are always intertwined in each other. The carrier and the information you want to convey. This information was previously only frequencies from 0 to 20khz. Because more can we still do not perceive our ear. But the technique goes further. And now also be used frequencies that we can not hear. Think of the RDS in your radio in the car. The wireless technology is also completely changed. Men wanted from the situations. Good reception, some bad, bad, very bad reception. And that may be solved with the computer technique which is now readily available. You can make audible portion of our digital information. These are essentially only once ones and zeros. And given that they show for each other by using them on and off. At 1 and is out zero. Nowadays there is so much information should be sent so they use more than 1 tone. And from there we can be wise if we do not have a radio receiver would hear. So hoppa. Now is this way of sending information in almost all the devices used. The wireless phone at home, WiFi wireless Internet, mobile phones, ga and so on. Manufacturers are currently totally uncontrolled dogs and come almost every day with a new use for this technique. But what now. Our body has its evolution in its development. And therefore we are who we are today. The radio waves in itself has little burden of our body. Because these radio waves are not in our body. If we have too many of our body will create a heat. But what now switched the show to be put on the radio waves. The information. You hear that sometimes when you close your mobile phone to a radio hold. That is what it is in our body totally wrong. This bass recognize elements in our bodies do. And because this now very rapid radio waves which are put deep into our body penetrate these show thus far as in our body. And by this show think our body that he must come into action. And does all kinds of chemical processes which carry no useful purpose. But overall gaos cause in our body. You would be seen as a fireman that without that there is fire in your home state with his fire hose spraying. If there really fire you would be happy. But in this case you are not happy. And we are all different. One may well against the cold. The other not at all. One is highly resistant to heat. The other not at all. One runs without problems on an eaves. Others simply can not. One can not tolerate stress. The others are correct. And so we may even continue. Now it is with this modern way of digital information holdings as well. One can oppose. He has his body with all the unusual changes. And the other is totally new and it affects over time because the immune system of total stroke. One says only a strange tingling feel when using a mobile phone. The other gets there spontaneously huge headaches and other complaints. We need people who are hypersensitive to the left and right sign it seriously. And not like this happened now let people see that they are crazy. And with this sensitivity do nothing and see if the problem of hypersensitive itself. We have previously appeared. Think of the pigeons and canaries that we took into the coal mines. And with this gift of sensitivity that can detect and do something. For other people who feel nothing can help. Friendly greetings to all
August 14, 2008 03:09 am
I have used the first cell phone from the beginning.Now my life is finished.Can work normally anymore.At work you are confrontated all the time with cellphones.And thats gif's health problems instantly to me.It is time to act for it is to late for more people.Look at my youtube channelhttp://youtube.com/user/arjunus
August 11, 2008 05:59 am
I have a message for all you people out there that still don't believe that cellphone radiation and wifi is doing any damage to their health:I've been working for T-Mobile for a couple of years and got physically ill from using my cellphone all the time.Today, I cannot use cellphones at all and have to stay away from wifi.You really don't want to experience that, so don't let the industry fool you.Read about what is really going on:http://wireless.bplaced.net/about.html
August 9, 2008 05:34 pm
We never knew about this until after we were sick and could not find any explanations from the doctors. If you are really interested in seeing for yourself, look at this site. Any one who thinks we are crazy, just wait until you or a loved one get sick from anything. The Government has know that there is a problem with these radio waves since it was first invented. If you think that the weather is not involved, then google Pandora's Box. Look for a program called HAARP. Once you start looking for rf radiation, microwave radiation, emf, radiation sickness you will see that it has been known about and not a thing done about it.http://www.alikelydeath.com/Yes, I do use a cell phone and have a computer with wireless but I do not have it on all the time or carry it on my body any more either. There has to be a safer way to use these technologies. I am not against progress but do it safely. What is going to happen to this world when all the adults are either sick or dead and the kids are so brain dead that they can't run our governments?
August 9, 2008 02:39 am
This man is broke or what? Must the economy make this man idiot. Who ever support is this man, even more idiot. You don't heard this problem in Asia or Africa. Asia and Africa are graceful if they have a cell phone. Let me guess, if this guy did not win the case, I guess he going to sue Apple, because he listen to Ipod when he workout?
August 8, 2008 06:38 am
Thats why made make this handset www.newcarphone.com
August 5, 2008 02:18 pm
Of course there is no reason why you should listen to me so here is some links to check out -International Resolutions Advocating a Precautionary Approach to the Use and Expansion of Wireless TechnologiesVienna resolution 1998 www.emrnetwork.org/research/vienna.htmSalzburg Austria Resolution 2000 www.salzburg.gv.at/salzburg_resolution_e.pdfCatania Italy 2002 www.emrpolicy.org/faq/catania.pdfBenevento Italy Resolution 2006 http://www.icems.eu/benevento_resolution.htmVenice Italy Resolution 2008 http://www.icems.eu/resolution.htm Wi-Fi Concerns:European Environmental Agency advises the precautionary principle for wi-fi: http://www.eea.europa.eu/highlights/radiation-risk-from-everyday-devices-assessedhttp://www.independent.co.uk/environment/green-living/eu-watchdog-calls-for-urgent-action-on-wifi-radiation-402539.htmlGerman Government advises against wi-fi: http://www.independent.co.uk/environment/green-living/germany-warns-citizens-to-avoid-using-wifi-401845.htmlFrance National Library and several other Paris libraries are wi-fi-free http://www.next-up.org/pdf/FranceNationalLibraryGivesUpWiFi07042008.pdfhttp://lavieverte.wordpress.com/2008/05/23/public-libraries-in-paris-shut-down-wifi-in-response-to-health-worries/(USA) Progressive Librarians Guild urges the precautionary principle for wi-fi in libraries June 2008 http://libr.org/plg/wifiresolution.phpFrance: Paris City Council launched a study on wi-fii June 2008 (in french) http://www.lemonde.fr/technologies/article/2008/06/16/wi-fi-le-conseil-de-paris-lance-une-etude-sur-les-risques-sanitaires_1058950_651865.html#ens_id=1053227England: Health Protection Agency launches study on health effects of wi-fi Oct 2007: http://www.guardian.co.uk/technology/2007/oct/13/internet.internetphonesbroadbandAustria medical association pressing for a ban on wi-fi in schools http://www.telegraph.co.uk/news/uknews/1549944/Warning-on-wi-fi-health-risk-to-children.htmlCanada: July 2008 City Council of Thorold rescinds city wide wi-fi contract: http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=1097589Canada, Lakehead University wifi-free policy http://policies.lakeheadu.ca/policy.php?pid=178England schools dismantle wireless networks: http://www.timesonline.co.uk/tol/life_and_style/education/article642575.eceEngland: Teachers union call to suspend WiFi in schools:http://www.dailymail.co.uk/news/article-1039235/Suspend-wi-fi-schools-says-union-chief-following-reports-causes-ill-health.htmlGlastonbury residents "Why Wi-fi" campaign http://www.glastonburynaturalhealth.co.uk/WhyWi-Fi.htmlIreland: Jan 2008 The City of Dublin Ireland did not install wi-fi due to a EU law: http://www.rte.ie/news/2008/0109/wifi.htmlWi-fi code for Welch Schools http://www.independent.co.uk/environment/green-living/child-safety-fears-prompt-wifi-code-for-welsh-schools-403255.htmlA new study in JAMA that found that wireless tracking systems in hospitals can interfere with lifesaving technologies such as ventilators.http://news.yahoo.com/s/ap/20080624/ap_on_he_me/med_microchip_dangers Hospital Techies urge limits on 'white space' Wi-Fi. http://news.cnet.com/8301-10784_3-9930441-7.htmlSpain: Ecologists in Action statement on WiFi: http://www.ecologistasenaccion.org/spip.php?article11598 http://www.es-uk.info/news/20080319_belmonte_en.pdfGreen Warriors of Norway opposes wi-fi in schools http://www.miljovernforbundet.no/render.asp?articleno=1471&segment=1&session=Austrian health director Dr. Gerd Oberfeld advising against wi-fi http://www.antennafreeunion.org/salzburg.pdfSweden Prof. Olle Johansson scientisit wi-fi letter: http://www.powerwatch.org.uk/pdfs/20070723_wifi_olle.pdfDr. George Carlo wi-fi video http://www.mcs-international.org/red_alert_1_wifi_schoolchildren.htmlGreen party MEP/ concern with wi-fi in schools:http://www.carolinelucasmep.org.uk/2007/10/12/green-meps-demand-investigation-into-wifi-in-schools-after-study-links-electro-magnetic-fields-and-cancers/(USA) Dr. Mercola wireless warning: http://articles.mercola.com/sites/articles/archive/2008/06/21/are-you-allergic-to-wireless-internet.aspx?source=nl(Canada) Dr. Magda Havas Report opposing Wi-Fi in San Francisco: http://www.energyfields.org/pdfs/WiF-SNAFU-Havas-Science.pdfThe Gathering Brainstorm: http://www.theecologist.org/pages/archive_detail.asp?content_id=1179Dr. Jeff Fawcett: WiFi Blues: http://ezinearticles.com/?The-WiFi-Blues&id=169261Sebastopol Area wi-fi petition: http://www.petitiononline.com/mufifree/petition.htmlSanta Fe Librarians letter supporting wi-fi free Public libraries: http://www.santafenewmexican.com/Opinion/Their-View-Librarians--Keep-public-library-Wi-Fi-freeOther EMF/R concerns(USA) NIEHS and NIOSH classifies EMF's as a hazardous substance. NIEHS advocates prudent avoidance of EMF's.http://www.niehs.nih.gov/research/resources/library/consumer/hazardous.cfmPrudent avoidance has been adopted in Australia, Sweden, and several U.S. states, including California, Colorado, Hawaii, New York, Ohio, Texas, and Wisconsin.http://www.who.int/peh-emf/meetings/southkorea/en/Leeka_Kheifets_principle_.pdfCollarborative on Health and the Environment CHE EMF statement http://www.healthandenvironment.org/wg_emf_news/772California EMF program 7 million dollar gov't mandated study. up to 95% certainty leukemia caused by EMF's. Up to 80% certainty brain cancer related to EMF's. Advocate prudent avoidance of EMF's. http://www.dhs.ca.gov/ehib/emf/Germany 2002: Freiberger Appeal 2000+ doctors http://www.starweave.com/freiburger/Ireland IDEA Irish doctors concern over EMR health effects 2005 http://www.ideaireland.org/emririshresearch.htmEuropean Union adopts ALDE report adivsing the precautionary principle for EMF's http://www.alde.eu/index.php?id=42&L=2&tx_ttnews[tt_news]=9559&cHash=2fec11e0ccBioinitiative Report: http://www.bioinitiative.orgSweden: FEB Electrosensitivity: http://www.feb.se/index_int.htmCanada: http://www.weepinitiative.org/index.html(USA) Dr. Robert Becker: http://www.energyfields.org/science/becker.html(England) The truth about Mobile Phones and WiFi Dr Andrew Goldsworthy 2007: http://www.radiationresearch.org/The Truth About Mobile Phones and Wi-Fi.pdf(NZ) Dr. Neil Cherry: http://www.neilcherry.com/(USA) Dr. Louis Slesin: http://www.microwavenews.comInternational Association of Firefighters moratorium of cell tower siting on Fire stations http://www.iaff.org/hs/Facts/CellTowerFinal.aspIsrael bans antennaes on residences: http://www.haaretz.com/hasen/spages/916666.htmlNew Zealand citizens video appeal to Government (opposing cell towers) http://www.youtube.com/watch?v=Gw6av2W60KALos Angeles unified school district policy restricts cell sites on LA USD property and requires new schools to avoid siting near cell siteshttp://www.lausd.k12.ca.us/lausd/board/secretary/html/agendas/mt/mt06-27-00.htmlMt. Shasta Bioregional Ecology Center http://www.mountshastaecology.org/17other01cellphones.htmlUkiah CA. rejects cell tower: http://www1.pressdemocrat.com/articl...14/1033/NEWS01Organic Consumers Association: http://www.organicconsumers.org/articles/article_6388.cfmChina internet addiction youth http://news.bbc.co.uk/2/hi/asia-pacific/4327258.stmSouth Korea govt study internet addiction/ Millions of youth at risk. http://www.nytimes.com/2007/11/18/technology/18rehab.htmlSpain: children treated for cell phone addiction: http://news.bbc.co.uk/2/hi/europe/7452463.stmCanadian Human Rights commission: policy on environmental sensitivitieshttp://www.chrcccdp.ca/legislation_policies/policy_environ_politique-en.aspBioinitiative Video on cell phones http://www.youtube.com/v/7tZDor-_co0The Canadian Public Health Officer, David Butler-Jones, advised Canadians to limit their and their children’s use of cell phones until science resolves uncertainties about long term health effects. http://www.organicconsumers.org/Politics/cellphone071505.cfmJune 2008: France 20 top scientists warn about cell phones and brain cancer http://espanol.news.yahoo.com/s/afp/080615/tecnologia/francia_telecomunicaci__n_consumo_saludEngland:2000, the UK Independent Expert Group on Mobile Phones chaired by Sir William Stewart, reports that “a precautionary approach be adopted until more robust scientific information becomes available.” www.iegmp.org.ukhttp://www.iegmp.org.uk/documents/iegmp_6.pdfUK Health protection advises children under 16 to limit their use of mobile phone.http://news.bbc.co.uk/2/hi/health/4196762.stmRussian National Committee on Non Ionizing Radiation Protection advises against cell phones for 18 years and under http://www.pole.com.ru/news_en.htmhttp://weepnews.blogspot.com/2008/04/rncnirp-mobile-phones-high-risk-for.htmlIndia: limit cell phone use for youth http://sify.com/news/fullstory.php?id=14695318Israel: Health Ministry calls for parents to limits kids cell phone use: http://www.haaretz.com/hasen/spages/1006175.html2008 India: ban on children and pregnant women in TV ads for cell phoneshttp://www.bi-me.com/main.php?id=21423&t=1&c=33&cg=4&mset=2004, the European Union’s EMF REFLEX Research Project is released, showing that mobile phone radiation (radiofrequency radiation) damages DNA in human cells. omega.twoday.net/stories/436261http://www.itis.ethz.ch/downloads/REFLEX_Final%20Report_171104.pdfAustralia: Cell phone warning http://au.todaytonight.yahoo.com/video#French Ministry of Health cell phone warning http://www.newsinferno.com/archives/2308Canada, Toronto Public Health is advising children and teens to limit the time they spend on cellphones until more is known about potential health effects. Toronto Star, Ontario.http://healthzone.ca/health/article/459099USA: July 2008 University of Pittsburg's Cancer Intistute Dr. Ron Herberman's memo to staff / Cell phone warning:http://www.post-gazette.com/downloads/20080722upci_cellphone_memo.pdf
August 5, 2008 02:18 pm
Don't worries, we have a much better option now. I have a cordless phone at home and once I'm home, all my cell calls will 'automatically' go to this cordless phone system and I can use it to talk and make calls at any time... The radiation of the cordless home phone is much much lower. I don't even bother to pay for a home line. I'm in the telecommunication industries for long. My son didn't use any cells when he was young(ha....because he couldn't without my financial support). I thought that I was a bit tough and over concerned but actually I was not after I personally visited the 'lab' doing the test for consumer electronic applications radiation(mostly the cell phones) few years ago -- I asked a simple question and the answer was that most of these people don't use cell phone at all, or very limited.... These people are not scientists but they are the frontiers actually working ...