The scientist, Swedish oncologist Dr. Lennart Hardell, said his research showed that cell phone use carried a higher risk for general development of tumors, but only a specific type of benign ones.
In August 2000, neurologist Christopher J. Newman and his wife, Frances, of Jarrettsville, Md., sued cellular phone manufacturer Motorola Inc., Verizon Wireless, Cellular One and other wireless carriers, claiming Dr. Newman’s 343 hours on an analog cell phone between 1992 and 1998 led to a cancerous tumor behind his right ear.
Specifically, the federal judge in Baltimore found that Hardell failed to prove that users of cellular phones face an increased risk for developing malignant brain tumors, a ruling the appeals court upheld.
“In the end, the trial judge has ‘considerable leeway’ in making the admissibility determination,” the appeals court said.
The Cellular Telecommunications & Internet Association praised Wednesday’s ruling, saying it reaffirms assertions “that there is insufficient evidence to support allegations that wireless phones cause brain cancer.”
Three major studies published since December 2000, including one by the National Cancer Institute, showed cell phones – used by 137 million Americans – don’t cause any adverse health effects. The Food & Drug Administration, which regulates cell phones along with the Federal Communications Commission, supports additional research.