Lawsuits on 5G and Wireless Radiation
United States
Environmental Health Trust et al., versus the Federal Communications Commission
- EHT et al., v the FCC is a historic case regarding the FCC’s 25-year-old exposure guidelines for radio-frequency radiation (RFR) from cell phones, cell towers, Wi-Fi, 5G and other wireless communication devices. The 14 petitioners in the case claim the FCC violated several federal laws when the FCC decided (in 2019) not to update their 1996 wireless radiation limits after a 7 year inquiry and thousands of pages of research on the FCC record showing harmful effects from wireless radiofrequency radiation.
Lake Tahoe Case
- Federal lawsuit filed against TRPA, Verizon Wireless, and Tahoe Prosperity Center to stop deployment of hundreds of new cell towers and wireless antennas. Read more EHT’s webpage on Lake Tahoe Case
Elk Grove Unified School District Case
- Mark Graham this month filed a lawsuit in Sacramento Superior Court against the Elk Grove Unified School District (EGUSD). He seeks to force the school board to hold a hearing on the placement of 4G and 5G cell antennas near the district’s campuses. Read the press release New cell antennas near schools at heart of lawsuit: City, AT&T and Verizon are targeting 7 Elk Grove schools. Status of this case may change.
USA Thirteen Consolidated Brain Cancer (litigation filed in 2001 and currently winding their way through US court
- “Ashcraft & Gerel LLP ,Morganroth & Morganroth PLLC, Lundy Lundy, and Soileau & South L.L.P. are representing 13 cases alleging cell phone radiation led to brain cancer. There are 46 defendants including Motorola, Nokia, AT&T, Bell Atlantic, Cellular One, Cingular Wireless, SBC Communications, Verizon, Vodafone, the Telecommunications Industry Association, the IEEE, ANSI, the CTIA, and the FCC”.
- 2016 Consolidated Brain Cancer update: Appeals court decided that a different legal standard for evidence should have been applied.
- 2016 Wall Street Journal Article – “Lawsuit Over Cellphones and Cancer Hits a Stumbling Block”
United Kingdom
2018: UK Lawsuit against NOKIA
- In 2018, ex-salesman, Neil Whitfield, who developed benign acoustic neuroma (tumour on the acoustic nerve), sued Nokia and attributed his condition to years of mobile phone use. Given that the claimant was left deaf after the tumour was removed and could not return to work, damages were sought in the region of £1 million. (From BC Legal: 11/2019 Monthly Update)
- Read the UK news article “Brit dad sues Nokia for up to £1million claiming using his mobile phone caused his brain tumour” which states that, “he law firm has commissioned experts to carry out radiation tests on Nokia phones used by Neil, including the 5510. Katrina said: “The evidence is being collated.
Action Against 5G with barrister Michael Mansfield
- Action Against 5G’s lawsuit seeks to prevent the ongoing expansion of 5G networks in the UK. The group is securing the services of Michael Mansfield, a barrister who has handled several high-profile legal cases that garnered national attention in the past. Read more act https://actionagainst5g.org
Jessica Learmond-Criqui Lawsuit on 5G
- (2020) Lawyers in the UK led by solicitor Jessica Learmond-Criqui are taking the UK government to court over health concerns relating to 5G and to EMFs generally. Stay updated on the case here. What is this legal action trying to achieve?
- to obtain a change of government policy to stop the harm to UK residents, which would include:
- an immediate halt to the roll out of 5G infrastructure until it is proven to be safe;
- Direct all such businesses and persons to turn off all equipment which propagate wireless 5G signals including without limitation masts, antennae, wifi (including in schools), small cells;
- Direct all products which use 5G wireless technology to be recalled as they are not safe;
- Direct that the manufacture of all products using 5G wireless technology be halted.
- Require the government to ensure that the industry lays cabling for the purposes of upgrades in technology rather than relying on wireless technology generating RFR and EMFs;
- Require the government to examine all equipment and gadgets generating RFR and to take steps to ensure that such equipment does not cause harm to humans.
A summary of much of the legal press around this case:
- David Wolfe discussed why judicial reviews are so essential to our legal system in The Times.
- Jessica Learmond-Criqui outlined the process of persuading the courts to recognise a new illness in Litigation Futures.
- David Wolfe explained what local governments need to know about consultation responses in Local Government Lawyer.
- In New Law Journal, Jessica Learmond-Criqui examined the government’s decision-making process in relation to the 5G networks. She noted that, shockingly, the ministers making the decision about the 5G rollout were not shown the evidence (collected through a public consultation in 2019) that 5G can negatively impact our health. The piece first published in December and then again in the February edition.
- Jessica Learmond-Criqui and Phillip Watts provided a consumer piece explaining to parents how the 5G rollout could impact our health in Toddle About.
- Jessica Learmond-Criqui used the 5G Judicial Review to outline how to get a new disability recognised in the law in Solicitors Journal.
- Jessica Learmond-Criqui’s involvement in challenging the government over its 5G strategy was summarised in Edward Fennell’s Legal Diary.
Turkey
Muammer Karabulut, who lives in Antalya, has filed a lawsuit against Microsoft and Huawei with the claim that human health is compromised due to 5G technology studies. Links are more at The first lawsuit against 5G Technology has been filed in Antalya Turkey
Italy: Cases Involving People With Brain Tumors Experts Say are Caused by Cell phones
2019: 4th Case in Italy where a worker is compensated for tumors linked to cell phone radiation. In January 2019, a Court in Monza recognized an occupational disease in a former airport employee, who developed acoustic neuroma and was left permanently incapacitated.
- Read BC Legal “Italian Workers’ Compensation Authority (INAIL) Ordered to Pay Out to 4th Mobile Phone User with Cancer” “Throughout his 10-year employment period, he alleged more than 4 hours (sessions of up to 45 minutes consecutively) of daily use of a Siemens DECT phone, a Nokia and later a Samsung mobile. The CTU, a collaboration of experts and technical advisers assigned to evaluate the case, concluded that the development of the claimant’s left auditory nerve neuroma was related to his work, harking back to the Hardell study.”
2017: The Italian Court of Ivrea ruling recognizes causal link between cellphone use and brain tumor. Italian court recognized a causal link in an April 11, 2017 ruling which awarded a Telecom employee, Roberto Romeo, lifetime damages of 500 euros a month after he developed a brain tumor from fifteen years of cellphone use.
- Original Ruling
- EHT Press Release
- The Guardian News Article: “Italian court rules mobile phone use caused brain tumour”
- NY Daily News Article: “Italian Court Finds Link Between Cell Phone Use and Tumor”
- Courthouse News Service Article: “Italian Court Finds Link Between Cell Phone Use and Tumor”
- Cell phones and cancer, court adviser: “Scientific studies Authors work for telephone companies: conflict of interest” by Andrea Tundo (In Italian and can be translated.)
- Documents in Italian: The Court’s expert report, the defendant’s critics and final reply from the experts: Consulenza Ivrea Tribunale di Ivrea, Sezione Lavoro: Osservazioni CTU Romeo INAIL: Risposta CTU: Tribunale Ordinario di Ivrea:
- 2020 Decision (Italian) REPUBBLICA ITALIANA IN NOME DEL POPOLO ITALIANO LA CORTE D’APPELLO DI TORINO SEZIONE LAVORO. ( Document Google Translate )
- Summary in English of Decision
2012 Italian Supreme Court Ruling: Man’s brain tumor was caused by his cell phone use.
The National Institute for Workmen’s Compensation must compensate a worker with head tumor due to cell use. Innocente Marcolini, a 60-year-old retired businessman argued that the excessive use of his mobile phone for around six hours every day for 12 years caused a benign brain tumor that left his face partially paralyzed.
- Reuters News Article – “Italy court ruling links mobile phone use to tumor”
- RT News Article – “Cancer cells: Italian court rules ‘mobile phones can cause brain tumors’”
- Daily Mail News Article – Mobile phones CAN cause brain tumours, court rules in landmark case.
- 2016 About Lawsuits Article – “Wireless Phone Brain Cancer Lawsuits Face New Evidentiary Standard”
- 2016 MGM Article – “D.C. Court of Appeals Overturns Frye and Adopts Federal Rule of Evidence Rule 702”
- 2016 Fox News Video – “Court delays decision in cellphone-cancer link trial”
- 2014 -Plaintiff attorney’s press release.
- 2014 – District Court of Appeals Petition by Motorola
- 2014 – Court’s opinion.
- 2014 – Press release.
- 2015 Wall Street Journal Article – “Case on Health Risk From Cellphones Is Back in Court”
- 2015 Washington Post Article – “D.C. court considers how to screen out ‘bad science’ in local trials”
- 2005 News Article: “Lawsuits could have broad ramifications for the industry”
Read