WASHINGTON-A top-flight Baltimore law firm is expected to file a lawsuit this week claiming a malignant brain tumor diagnosed in a 42-year-old male neurologist was caused by heavy and long-term mobile-phone use.
The lawsuit, likely to be filed in a Washington-Baltimore area court, is being handled by Joanne Lynch Suder. The top-rated Suder Law Firm P.A. has taken on a variety of high-profile lawsuits involving the medical, financial and other industries. One of her current cases involves the Columbine High School killings in Colorado.
To date, no cell-phone-cancer lawsuits have succeeded in court. Suder calls her case compelling.
The brain tumor is behind the ear the neurologist used when making mobile-phone calls. The neurologist is said to be an early adopter of cellular phone technology, which came on the market in October 1983. Today, there are 100 million mobile-phone subscribers.
RCR last week also identified another wireless health-related lawsuit that appears to involve a major Atlanta law firm.
The latest legal developments come as the Food and Drug Administration, the Cellular Telecommunications Industry Association and scientists gather Tuesday and Wednesday to map out plans to replicate experiments conducted by Wireless Technology Research L.L.C.
WTR, a six-year, $27 million program funded by the cellular industry, said it found genetic damage and other indications of possible health problems from mobile phones.
At noon today, Medical General Medicine-an online medical journal-will publish WTR’s research. The authors, led by WTR’s Dr. George Carlo, said that while current science is not definitive about health risks from mobile phones, “the legitimate questions about safety that have arisen from recent studies make claims of absolute safety no longer supportable.”
The wireless industry claims most contemporary research supports its contention that phones do not pose any health risk, despite studies here and overseas in recent years that found DNA and genetic damage from mobile phone radio-frequency radiation.
Last week, British officials-acting on recommendations in a recent government-commissioned report-urged school officials to discourage children from using mobile phones until further research is undertaken.
Suder said possible defendants in the case could include Motorola Inc., the nation’s largest mobile-phone manufacturer, Bell Atlantic Mobile (now Verizon Wireless, the nation’s largest mobile-phone carrier) and Cellular One (owned by SBC Communications Inc.).
Alston & Bird, a large Atlanta law firm, also appears to be researching the wireless industry and could be involved in a different lawsuit surrounding cell-phone use and health.
The relationship of the law firm to the litigation is unclear. Friday afternoon, the law firm said it was not handling the case.
However, according to reliable sources, Alvina Ma Oelhafen, an associate at Alston & Bird who works in the firm’s product liability practice, has been contacting various RF scientists around the country in connection with wireless health litigation. Oelhafen did not return calls for comment.
Alston & Bird, which has a strong high-tech focus, has represented AT&T Wireless Services Inc., GTE Wireless (now Verizon Wireless), GTE Airfone, VoiceStream Wireless Corp., MetroCall, Celpage, Satellink Communications and American Online Inc.’s mobile messenger services unit.
Dr. Marvin Ziskin, professor of radiology and medical physics at Temple University Medical School, said he was contacted by Oelhafen and plans to meet with her or someone else from the law firm today.
Ziskin said he knows little about the litigation, only that he believed it might be a class-action lawsuit.
Asked whether he believes mobile phones pose a health risk, Ziskin replied, “It seems unlikely at this moment.” Regarding any health consequences from base stations, Ziskin said,”All the evidence is not in.”
Dr. Jerrold Bushberg, director of the Health Physics Program at the University of California-Davis Medical Center, said he has talked with Alston & Bird and other law firms about wireless health litigation. However, Bushberg said he did not recall speaking to Oelhafen. Bushberg, according to sources, has worked as a paid consultant to CTIA, and has lobbied for Pacific Telesis Group (now SBC).
Bushberg did not return calls to clarify his relationship with Alston & Bird and his ties to industry.
CTIA declined to release the names of RF scientists who are paid as consultants to the powerful wireless trade group.
