Wednesday, March 11, 2009

Lawsuits

In the USA, a small number of personal injury lawsuits have been filed by individuals against cellphone manufacturers, such as Motorola[75], NEC, Siemens and Nokia, on the basis of allegations of causation of brain cancer and death. In US federal court, expert testimony relating to science must be first evaluated by a judge, in a Daubert hearing, to be relevant and valid before it is admissible as evidence. In one case against Motorola, the plaintiffs alleged that the use of wireless handheld telephones could cause brain cancer, and that the use of Motorola phones caused one plaintiff’s cancer. The judge ruled that no sufficiently reliable and relevant scientific evidence in support of either general or specific causation was proffered by the plaintiffs; accepted a motion to exclude the testimony of the plaintiffs’ experts; and denied a motion to exclude the testimony of the defendants' experts.

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