2001-04-27
PHILADELPHIA - The U.S. cellular telephone industry came under renewed legal
attack on Friday, in a series of class-action lawsuits claiming that cell phones
pose a series of health risks ranging from infections to brain damage.
A 58-page legal complaint filed in Maryland state court in Baltimore alleged
that cell phone service providers and equipment makers not only know their
products generate unsafe levels of microwave radiation but have sought to
suppress scientific evidence pointing out the dangers.
Two lawsuits, naming more than 20 defendants including household such as names
Motorola Inc., Nokia Corp., Verizon Communications and Sprint PCS, were filed in
Baltimore and New York late on Thursday. A similar complaint was expected in
state court in Philadelphia early next week.
Many of the corporate defendants declined to comment, saying their legal
departments had not seen the suits.
Verizon spokeswoman Nancy Stark noted that safety standards for cellular phones
are set by the U.S. Federal Communications Commission (news - web sites) and the
Food and Drug Administration (news - web sites). ``The FDA has stated that the
available scientific data doesn't indicate any adverse health effects,'' she
said.
The lawsuits contend that wireless handsets held to the temporal lobe of the
brain emit microwave radiation at levels capable of damaging DNA, altering cell
function and affecting basic brain activity.
But rather than claiming actual injuries, the suits demand money to pay for
headsets that could mitigate exposure to allegedly damaging radiation. They also
seek unspecified punitive damage.
Most Previous Cases Dismissed
The $53 billion wireless telephone industry denies that its products pose any
danger to its 113 million U.S. customers. There are an estimated 625 million
cell phone users worldwide.
The industry already has been subject to more than a dozen liability lawsuits
filed in the United States, China and other parts of the world since the early
1990s. Most cases have been dismissed, and none has gone to trial.
The latest legal onslaught was orchestrated by Baltimore Orioles owner Peter
Angelos, a wealthy personal-injury attorney who has gained national notoriety in
recent decades by waging successful court battles against the asbestos and
tobacco industries.
In January, he joined a separate $800 million federal lawsuit filed against the
industry by a Baltimore neurologist who claims cell phone use caused him to
develop a brain tumor.
Angelos did not return telephone calls on Friday. But he explained the reasoning
behind the emphasis on headsets to the Baltimore Sun, which published an article
about the latest lawsuits on Friday along with the Washington Post.
``Use the earpiece, and you avoid the hazard,'' the Sun quoted him as saying.
``And if we get that far at least, the public knows that the potential hazard
exists, and they know a way to avoid that potential.''
Studies published recently in the New England Journal of Medicine (news - web
sites) and the American Medical Association have found no evidence that cell
phones cause brain tumors in the people who use them.
But the Angelos lawsuits claim the ill-health effects of radio frequency
radiation (RFR) have been recognized by scientists since the early 1960s.
``It was equally known in the scientific and medical community by that time that
an antenna is the most efficient means of depositing RFR into the human body and
penetrating human tissue, and that the temporal lobe of the brain was the most
sensitive area of the body,'' his Maryland lawsuit says.
The complaint said the industry has acted to ``suppress, discredit and/or
minimize this emerging science ... to ensure that they would be free to
manufacture and mass market wireless hand-held telephones to the consuming
public, free from the constraints of any reasonable and necessary safety
standards.''
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