Quelle: RCR Wireless News, 24.03.2003, Jeffrey Silva

Newman-Angelos-Prozeß in Berufung

Jeffrey Morganroth vertritt 6 Gehirntumoropfer

Weitere Klagen anhängig, Kläger Brian Barrett verstorben

Die Geschichte des Gehirntumor-Opfers Brian Barrett: http://www.elektrosmognews.de/news/usa.htm

Originalmeldung von RCR Wireless News (Englisch):

Handful of law firms continue to press brain-cancer lawsuits
by JEFFREY SILVA
* March 24, 2003

WASHINGTON-Plaintiffs' lawyers are leaning toward an appeal of U.S.
District Judge Catherine Blake's dismissal of five class-action lawsuits
on headset health protection and say they have no plans to drop a slew
of brain-cancer lawsuits pending before a Baltimore judge who has been
hostile to wireless health litigation and highly supportive of
industry's federal pre-emption arguments.

The legal developments come as two newly published studies by Swedish
scientists, including one whose testimony was debunked in the $800
million cancer suit thrown out by Blake last year, link cell-phone use
to brain tumors.

Meanwhile, Reuters reported data from a conference in Italy pointing to
a 40-percent increase in brain tumors in the United States and Europe in
the past 20 years.

Still, the decision to continue pressing health litigation, despite
Blake's dismissal of Christopher Newman's brain-cancer lawsuit and her
recent headset ruling, remains a high-risk proposition for plaintiffs'
lawyers. The costs can be huge, both in terms of the hundreds of
thousands of dollars in legal expenses and judicial precedent. But those
costs pale in comparison to the risk to industry, which has spent
millions defending itself the past two decades, of losing a single case.

A handful of law firms are pressing the brain-cancer and headset
class-action lawsuits. In some cases, they work together and in others
they do not.

"We intend to go forward," said Jeffrey Morganroth, whose Michigan law
firm represents six brain-cancer victims who have filed lawsuits against
wireless firms, trade associations and standards bodies.

Morganroth conceded the mobile-phone industry has fared well in Blake's
court to date. But he said all brain-cancer cases are not the same and
that the ruling on the Newman case, litigated by the law firm of
Baltimore Orioles owner Peter Angelos and under appeal in a Richmond
circuit, does not necessarily dictate the outcome of his law firm's
cases.

"We have a different philosophy of how to present and package the
cases," said Morganroth. Morganroth said his legal team will be relying
on a different set of experts than those Angelos relied on in the Newman
case. However, it is not clear that Morganroth's experts have committed
to having their research and scientific careers scrutinized by industry
lawyers who were highly effective in undermining testimony of Newman's
experts.

At least one other plaintiff is expressing more caution. Lawyers
representing a Texas brain-cancer victim recently asked Blake to stay
all further proceedings in its lawsuit against wireless firms, pending
the outcome of the Newman appeal in Richmond. The final brief in the
appeal should be filed today. The court then likely will set a date for
oral argument, which is expected to take place later this year.

Elsewhere, RCR Wireless News learned last week that Georgia's Brian
Barrett, a plaintiff in one brain-cancer case before Blake, died last
November. However, the lawsuit will continue on behalf of his estate and
his wife.