Very few law firms in the United States have in-depth experience representing companies targeted in litigation because their products emit electromagnetic radiation (EMR). Our Products Liability and Mass Torts Group is one of them.
Plaintiffs allege a variety of claims regarding EMR-emitting devices. Typical allegations have been that plaintiffs developed malignant brain cancers, such as gliomas, and noncancerous tumors called acoustic neuromas. Other health effects have also been alleged.
A variety of devices have been targeted, including cell phones, Wi-Fi base stations, smart meters and other wireless technologies. These devices emit non-ionizing EMR, which differs from the ionizing radiation found (for example) in medical x-rays in that it does not have the ability to cause harmful biologic effects. However, this important scientific distinction has not stopped plaintiffs’ lawyers from pursuing claims against companies that sell EMR-emitting devices.
The claims rely on “outlier” science not generally accepted by the governmental agencies that set standards for EMR exposure and study EMR devices. Plaintiffs’ lawyers capitalize on the fears sown by unscientific mass media reports, and seek out hospitable jurisdictions with low evidentiary barriers to junk science.
Our EMR team understands the technology in these highly sophisticated devices and how the Federal Communications Commission measures and regulates the EMR energy the devices emit. Our team has background in the numerous scientific areas related to these claims, including biophysics, molecular genetics, epidemiology and toxicology. This knowledge enables us to protect our clients by proving fact over fiction.
Our lawyers understand how to defeat these claims in evidentiary hearings, which has allowed us to protect our clients from being drawn into novel mass torts with potentially long-lasting business and legal implications. In addition, we can advise clients who may be considering bringing EMR-emitting devices to the market on how to avoid or control litigation risks related to such devices.