Newsletter (14 October 2003)

Mobile phone Class Action Lawsuit in the USA

Portable radio-damaged citizens of the Federal Republic of Germany have now the possibility of suing portable radio operators via the USA for payment of damages and/or compensations in Germany. The principle is simple: Several plaintiffs are litigating representatively for a group of further concerned. The met decision applies to everyone, the gained sum is divided. Possible is a complaint in the USA if a German enterprise in the USA has financial interests there. This might be given in any case if shares are acted there or participations in US enterprises are held. Advantage of the procedure: economically (small court fees in the USA), as a rule, no cost carrying obligation in the case of defeat.

The taken over lawyer agency in the USA is the one from attorney Richard Middleton from the law office Suggs, Kelly & Middleton in Savannah, Georgia.  The law office is engaged for over 20 years in questions of the consumer protection. Closer information is callable in the internet under .

Attorney Middleton had already cases of asbestos before court, with which he represented up to 5000 persons (one calls legal proceedings with a large number of humans with the same problem in the USA “Class Action Cases”), also schools participated. From the agrarian industry he had cases of air and water pollution and cases of lead and tungsten carbide poisonings with children. His law firm consists of 15 lawyers.  With the network of attorney Middleton there are good chances to represent successfully the interests of the affected. 

German connecting lawyer to attorney Middleton is attorney Lutz Kaiser, Rheinstr. 2, 76532 Baden-Baden, phone 004972 21 99 23 90, fax 004972 21 99 23 91.

To the fee: in the USA another system of lawyer rewards exists for class-action-lawsuits (only on success fee basis). In the case of not successful, nothing is charged. If a fee is determined, the court must approve it. It can be up to 25% of the gained sum. With comparisons out of the court, individually also 35-40% can be determined. The financial main case risk is at the law office Suggs, Kelly & Middleton. Also with possible appeal proceedings, the risk of costs is at the law office Suggs, Kelly & Middleton. The cause of action are obsolescence at properties, houses and agricultural assets. Proofs can be furnished over consultants, e.g. the obsolescence by mobile basis stations can be rated from them and/or by the ring of German brokers where already some brokers regard portable radio plants as obsolescence, concerning the sale and the letting of real estate. In addition it comes to it, that houses/buildings are becoming possibly uninhabitable and/or not more usable in the originally foreseen form, e.g. kindergarten, school, agricultural property, farmers can claim also obsolescence for cattle and yard (indirect damages with animals: the animal is exposed to the radiation on property = obsolescence. 

Also shielding costs of the house or the freehold flat can be claimed. There is an objective obsolescence (= measurably) and there is a felt obsolescence. This is also to complain. 

If the mobile phone radio transmitter is visible, this already alone can hold back potential buyers = obsolescence.  Even if the antenna does not send yet this is a case of obsolescence, it can go on transmission already tomorrow. If antennas are planned, but not yet working, also a case of obsolescence is present. Attorney Middleton recommends in this case to participate therefore preventively in the complaint.

Attorney Middleton suggests addressing also the neighbours and activate them to take part in this lawsuit. If necessary it would be also conceivable for concerned persons to underwrite neighbours.

Austrians and Swiss and other injured persons from other countries can participate also in the class-action-lawsuit.  If American citizens, who have their land properties in Germany or in other foreign countries, would participate in the lawsuit, this would continue to rise the success of the complaint.

To the distance range of the antenna, starting from which one can follow the complaint, attorney Middleton says: „You can see the tower! That’s the point.”

Since it is condition-legally illegal that the lawyers take over also external costs (consultant, translator etc..), only for these costs an advance payment would have to be contributed. One assumes approx. 250 persons will take part in the procedure. From the lawyers it is assured a limitation of costs with 50.000,00 Euro altogether for all costs for all participants. If more persons should take part, a proportionate amount is returned. If less than 250 persons take part, the further procedure is agreed upon with all mandators. If the procedure can not be continued, the deposited amount is refunded. Likewise remaining contributions are returned back. A trust account was opened.

The above passage of the costs limitation on altogether 50,000 Euro for all instances for all participants is a new fact and is noted on the certifictae of authority of the attorneys expressly. This passage could be achieved by intensive negotiations with the attorneys and closes costs for all participants altogether with 50.000 Euro for all instances. 

Important it is therefore that as much as possible take part. A larger number of plaintiffs means: it is more to complain and it develops fewer costs for the particular. So it is possible to represent a great many of affected. That is the procedure with a “good” case, i.e. a US lawyer will get involved in the substantial process risk of costs (possibly some hundred thousand US dollars) only, if the chances stand well to win the process. More under: (in German)

and (in German)


Urgent Response to Sianette Kwee

Sianette Kwee has  asked for suggestions for the TV show, and what should be said about the WHO if it comes up. I beg you to bring the WHO issue up, and not wait  for someone else to bring it up,  before they start to cite the WHO's "safe" standard and you will not have time to react.  It should be brought up anyway in my opinion. The WHO is the main body that is responsible in a direct way: All the governments in the world act  by directions that come from the top body - the WHO - they cite the WHO's reports for their public health policy, it's their main reference. The standards, everything. especially Europe as the WHO is a european body. The WHO is responsible for the health of the people in the world. How does it look like, that the person who is the main player in this issue,  Dr. Michael Repacholi, found 2.4 fold icrease in lymphoma in rats exopsed to GSM phone radiation - the same one that the danish children use heavily- and kept the results silent for two years, because he was funded by Telstra, the biggest australian cellular company? How does it look like when he said that "it's only mice" instead of warning the public?  How does it look like that he said to the australian senate that he thinks it was an non-heat effect? (I will give you the source if you need), How does it looks like that he said that the worst effect of the cellular phone is that it disturbs his meals at the restaurants? (microwave news). I think this subject has to be brought up in every country in the world on public T.V,  and I ask now,  what I think is the most important thing here: How does it look like if we don't raise this issue up- publically? To know this and shut up?  I think it's a very big mistake to ignore it. Every person should know this as common knowledge: to understand who are the people who pull the strings of our lives, and to ask. How can we allow them to control us? This is simply making a joke from all the world poplution! It should be discussed openly in nations, on T.V.  I think you will surprise many people with these facts, even some of the politicans that come to the discussion.


New Israeli Study-Cell Phone is a germ host

"Yes, it's convenient that your doctor has a cell phone, but you can pay a health price for this access: The cell phone can be a host for Acinetobacter baumannii, a stubborn germ that can become resistant to most antibiotic types, and to survive on objects for a long time.

That's what was found in a new israeli study which was done in Soroka Medical Center, the head of the study was Dr. Jakob Gilad. The germ was found on 12% of the mobile phones and on 24% of the 71 doctors and 53 nurses hands. This in spite of the fact that the cellular phone use is banned in all the hospitals because it interferes monitors and pacemakers.

It was found that 10% of these germs were resistant to the strongest antibiotics. The risk that healthy people will be infected and get sick is low, but the germ can be fatal for people who are very sick or have a weak immune system. According to Dr. Gilad, doctors can use mobiles if they simply wash hands before and after they use it."

Doctors' Mobile Phones put hospitalized at risk, By Liat Mashat-Prism Supplement "Only Health" in Yediot Ahronot 12/10/2003.

Informant: Iris Atzmon


Gro Brundtland on RF radiation

Marne Glaser


Dear Don

The Dutch 3G paper was interesting. Note they published it themselves so it isn't in the "official peer reviewed literature", despite it actually being quite well peer-reviewed. That also happened to Kjell Mild's et al's big Swedish/Norwegian National Institute of Working Life publication a few years ago. Despite it being reviewed by Repacholi, Swicord, and many other leading researchers it isn't in the "official peer reviewed literature".

The response at 1 V/m does not surprise me. We have been extensively experimenting with shielding bedrooms and beds from GSM microwaves and in one case the shielding material we used worked brilliantly at first (down from 1 to 2 V/m to about 0.02 V/m) but broke down due to faulty manufacture. The woman slept well for the first few weeks but they said it was gradually getting worse. We dismissed it (it was not easy to visit) and she eventually said it had become almost useless. We then went back and revisted her and she was proved right (despite our previous, incorrect, re-assurances!) and the signal strength was up to about 0.7 to 1 V/m again - at that was badly disturbing her sleep.

WHO is in bed with the power and cellular phone industries. There was a two-day international workshop meeting organised by the UK NRPB, WHO, and ICNIRP in September 1998 on "Exposure Metrics and Dosimetry for EMF Epidemiology". I repeatedly asked to attend but was told that there wasn't room and it was only for very senior international researchers.

When the proceedings were published in Radiation Protection Dosimetery, Vol 83 Nos1-2, 1999, (a special edition), it was clear that there would have been space as there were only 49 attendees in the NRPB training venue that can hold in excess of 100. Within this 49 there were: Jo-Anne Basile, Vice President of the US CTIA and a non-scientist, many industry personel (power and telecoms) including Tony Weiner from T-Mobile who is also a non-scientist.

Note this "Public Science Meeting" was paid for by: Mobile Manufacturers Forum (Alcatel, Ericsson, Mitsubishi, Motorola, and Nokia), The GSM MoU Association, and National Grid Company plc, UK.

Also for the WHO precautionary meeting held last February in Luxembourg, I asked for a representative to attend, but was told "we already have our activist" (Eva Marsalek - and Mike Repacholi would not tell me how they came to select her . . . . ). Anyway kicked up quite a fuss in ways they found difficult to resist and they eventually (and grudgingly) allowed Prof Mike O'Carroll to attend as our representative (at our expense, of course).

Now Mike Dolan, who is a lawyer and heads up the UK Mobile Operators Association and John Swanson who has long worked for UK National Grid were allowed to attend as "observers" - but, when there, were then given the right to participate fully on equal terms with the independent scientific delegates. In fact their input was both considered and helpful, but the PROCESS was inappropriate and shielded from public view.

Enough said about WHO, ICNIRP and NRPB and their allegiances.

Very best wishes


Informant: Don Maisch

Comment Dr Miguel Muntané :

The response at 1 V/m does not surprise me: Alasdair Philips's reply and Practical Censorship in “official” health information.


September 1998 on "Exposure Metrics and Dosimetry for EMF Epidemiology". I repeatedly asked to attend but was told that there wasn't room and it was only for very senior international researchers.

WHO precautionary meeting held last February in Luxembourg, I asked for a representive to attend but was told "we already have our activist" (Eva Marsalek - and Mike Repacholi would not tell me how they came to select her . . . . ).

2. Censorship in health information?: it isn't in the "official peer reviewed literature".

Despite it being reviewed by Repacholi, Swicord, and many other leading researchers it isn't in the "official peer reviewed literature".

3. POWER INVESTIGATED?: just 1 V/m = 0.26 microW/cm2.

The “official” power can reach 450. microW/cm2

One mobile phone can reach more the 2,250 microW/cm2 in the hand and brain.


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