Cell phones: One hundred brain tumor victims demand justice in the USA - Update

Cell phones: One hundred of brain tumor victims demand justice in the USA
By : Phonegate Team • 6 Sep 2023

While a South Korean epidemiological study has recently correlated the incidence of brain tumors and the use of cell phones, many plaintiffs in several regions of the world, including a hundred in the U.S. are demanding that justice recognize the responsibility of manufacturers in brain tumors that affected them or one of their relatives. If the Court of Appeal of Turin issued a decision in favor of a victim suffering from an acoustic neuroma (benign tumor) in November 2022, a judgment rendered on April 21, 2023 in the United States rejected part of the claims against the smartphone manufacturer Motorola. (Updated on 6/09/2023) The decision came down on August 1, 2023 in favor of the cell phone industry. The plaintiffs have announced that they will appeal.

The American multinational is being sued by the family of Frank Aaron Walker, who died from brain cancer at the end of December 2020 after using the brand’s phones from 1995. The plaintiffs thus claim that the manufacturer hid information from consumers about the harmfulness of the radiation emitted by its devices, which would also not comply with the specific absorption rate (SAR) standards set by the Federal Communications Commission (FCC).

With each health scandal, justice takes time to react

In his decision, Louisiana federal judge James D. Cain Jr found that most of the claims filed by Frank Aaron Walker‘s family were based on “general attacks” on FCC certifications and “alleged manipulations” concerning test results conducted by mobile phone manufacturers. He thus definitively dismissed the charges of failure to warn, civil conspiracy and unfair trade practices.

The judge also said that to succeed on the other claims, plaintiffs will have to demonstrate how Motorola caused a faulty workmanship that resulted in the emission of waves exceeding the FCC’s set rates by one or more of its devices. The Phonegate health scandal is no exception to the rule: as always, the courts takes time to recognize the responsibility and the shortcomings of the manufacturers.

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