Stirring in the courtrooms of Washington D.C. this last month were the evidentiary hearings that may just result in a major lawsuit making progress on the claims that cell phone devices cause brain tumors. 

These evidentiary hearings are presenting eyewitness evidence and testimonies. 

The lawsuit points to the claim that the Federation Communications Commission is using outdated methodology to assess the dangers of cellphone radiation. 

The plaintiffs also reference a government study that shows rats developing heart tumors from device exposure. 

A Suit 21 Years In Waiting

This case known as Murray vs Motorola  has been a long time coming and saw a 21-year delay, as the six plaintiffs filed a lawsuit back in 2001. Why the case has taken such a long time to finally be tried, is beyond our knowledge. 

It may have something to do with the fact that every major telecommunications company is involved: Sprint, Tmobile, AT&T, Verizon, Bell South, Motorola, Sony, Samsung- just to name a few of the dozens. 

The complaints were initially dismissed in 2007, but were then later reinstated in 2009 by the D.C Circuit Court of Appeals. Due to the delaying tactics of the defendants, many of the plaintiffs have since passed away. 

Suits Have Been Unsuccessful To Date

Any personal injury suits that have come about with cellphones as the target, have been largely unsuccessful with “lack of evidence” establishing the causation of health conditions presented up until this point. 

Plaintiffs have also faced the big hurdle that cell phones comply with the Specific Absorption Rate (SAR) standards, which experts have reason to believe are outdated. 

Cellphones As a Carcinogen

A large argument posed is that cell phone radiation exposure is minimal compared to microwaves, gamma waves, and X-rays. But there is a significant difference that stands out between these modes of exposure, and that is the duration of exposure.  

The average human is on their mobile device 3+ hours per/day. With younger generations such as millennials, the time is double that. 

The question that remains to be answered is: Does low level RF radiation for extended durations from devices cause harm to an individual?

Future Legal Impacts

The hearings of this case may make a major wave of progress to truly linking cell phone use to brain tumors. 

This could also change the playing field for future personal injury suits against telecommunication companies, as well as provide grounds for legislation changes around EMF guidelines internationally. 

At this time we are currently waiting on the status of progression for this case.

Abi Fernandini

Abi Fernandini is a a clinical exercise physiologist and holds a Bachelor of Science in Kinesiology. She also holds a functional nutrition certification and has relevant working experience in functional nutrition for the past 6 years.