Cell phone-induced brain cancer suit goes to court

Christopher J. Newman, a Jarrettsville physician, is set to bring suit against the cell phone industry for causing his brain cancer. The is not the first time the wireless phone industry has come under legal fire on this issue, but Newman's $800 million cause is the first to reach a district judge and thus the first suit to publicly address the heart of this issue.

An evidence hearing was conducted last week in a Baltimore district court, where lawyers for the plaintiff argued for the legitimacy of several scientific studies that showed a correlation between brain cancer and cell phone use. Defense lawyers, representing the wireless phone industry attacked the credibility of these studies.

"If cell phone use were a real carcinogen, you'd be seeing it show up in other studies, like other carcinogens," said Thomas C. Watson, a Washington attorney who heads up the team of lawyers representing the wireless industry.

U.S. District Judge Catherine C. Blake must decide which scientific evidence, if any, is to be admitted should this case go to trial. This is a crucial step in Newman's suit because his case relies heavily of scientific evidence. Getting to this stage in the court process also represents the farthest that any lawsuit, concerning brain cancer, has come against the mobile phone industry.

The wireless phone industry has won many suits concerning cell phone safety in the past by poking holes in the opposition's scientific studies. There is a tentative general consensus among the scientific community that wireless phones are safe.

"There is no association [between brain cancer and cell phone use], given the way cell phones have been used to date and given the way they were used by Dr. Newman," said Eugenia Calle, director of analytic epidemiology for the cancer society, who reviewed published studies and scientific panel reports at the request of industry lawyers.

The wireless phone industry supported their case by calling a witness who was a researcher at the American Cancer Society, who blatantly denied any scientific connection between brain cancer and cell phone use.

In addition they pointed to the fact that brain cancer rates have not increased over the last 10 years, during the time that cell phones have been introduced to the mainstream population. The wireless phone industry's case relies upon the testimony of several key expert witnesses, including a prominent brain cancer researcher John Laterra, who heads a brain tumor research center at The Johns Hopkins University and Mark A. Israel, director of the Comprehensive Cancer Center at Dartmouth College.

"Everything in research is limited," Israel said. "One has to prioritize and identify areas of research that will be fruitful. I've seen nothing in my review ... that suggests this is an area of research that would be fruitful."

Newman's lawyers hope to build their case upon several studies that show a link between the radiation emitted from cell phones and an increase in the risk of brain cancer. They highlighted research that showed DNA damage in lab rats that were exposed to concentrated doses of radiation. Another study, performed by a Swedish researcher, showed a correlation between the location of the tumor in the brain, and the side of the head that the cell phone is used.

Lennart Hardell, the Swedish oncologist who was heavily relied upon by Newman's lawyers for their case, testified last week that in his opinion, "Dr. Newman's brain tumor was caused by his use of an analogue cellular phone."

In addition, Hardell pointed to the fact that Newman's tumor was on the same side of his head as he held his phone, a phenomenon similar to much of Hardell's other research findings.

Blake indicated that much of the plaintiff's case would rest upon Hardell's credentials and reliability. Hardell's research on cell phone induced brain tumors was rejected by the British medical journal because its overall message, "was written much too forcefully."

Newman is represented by the law firm of Peter G. Angelos, who is famous for winning cases against the colossus asbestos and tobacco industries. Valued at $45 billion-a-year, the wireless phone industry is on par with these other giants and will be as difficult to tackle for Newman.