Defense Wants to Prevent Expert Testimony in Cell Phone Radiation Lawsuit Because They Fear It Would “unfairly prejudice Defendants”

Cell phone injury lawsuits have existed for many years in the U.S. and worldwide (see 1, 2, 3, 4).

In the U.S. defense attorneys are currently trying to stop scientific testimony from being allowed in one case.

Defense Seeks To Bar Portier Testimony

As expected, defense lawyers have asked the DC court to not allow Christopher Portier to be an expert witness in this case.

In a filing yesterday, the team representing the cell phone industry, argued that, “[A]llowing a new expert four months before the long-planned Daubert hearing would disrupt the existing schedule and unfairly prejudice Defendants.”

The filing was signed by Terry Dee of McDermott Will & Emery in Chicago on behalf of himself and 37 other lawyers at 23 law firms.

Portier was retained by the plaintiff attorneys in March 15, 2015 with the payment of a $5,000 retainer. It is not clear why his report was filed last month, close to six years later.

No word on when the judge may rule on Portier’s participation.

See also:

Chris Portier RF Evaluation

March 12, 2021

Chris Portier: RF “Probably” Causes Cancer

Expert Report by Christopher J. Portier, March 1, 2021, filed with the Superior Court for the District of Columbia (Civil Division) on March 3, 2021 in the case of Murray (et al.) v. Motorola (et al.) (2001 CA 008479 B).

“In my opinion, RF exposure probably causes gliomas and neuromas and, given the human and experimental evidence, I assert that, to a reasonable degree of scientific certainty, the probability that RF exposure causes gliomas and neuromas is high.”

The detailed report runs 176 pages and includes 444 references and Portier’s CV.

Portier was a long-time member of the staff of the NIEHS and the NTP. He was the Associate Director of the NTP, 2000-2006, and Associate Director of the NIEHS, 2006-2009. From 2010 to 2013, he was the director of the National Center for Environment Health (NCEH) at the CDC in Atlanta, GA. He has been a member of a number of IARC Monograph Working Groups, including the one on ELF EMF (2001) and on RF EMFs (2011).

It is not yet known whether Portier’s report will be allowed to be entered into evidence in the Murray case.

A Daubert hearing —which would determine whether the plaintiff’s case is sufficiently based on mainstream science to be allowed to proceed to trial— is scheduled to begin on July 12 in Washington. (It was supposed to be held last fall, but was delayed.)

The first and only previous Daubert hearing on cell phones and brain cancer was held close to 20 years ago (see MWN, M/A02). On September 30, Judge Catherine Blake of the U.S. District Court in Baltimore ruled that the evidence for such a link had not “gained acceptance the scientific community” (see MWN, S/O02).

For more on Portier, CDC and RF & precaution, see:
“CDC Calls for Caution on Cell Phones, Then Gets Cold Feet.”

Research has determined that exposure to cell phone radiation can at least increase cancer risk (see 1, 2, 3, 4, 5, 6, 7, 8). It has also indicated that cell phones and other sources of wireless “Wi-Fi” radiation can cause other undesirable health issues as well (see 1, 2, 3, 4, 5, 6, 7, 8, 9, 10).