Taking On The Cell Phone Industry

Says Tumor Matches The Area of Radiation From Cell Phone

(CBS)  An increasing number of cell phone users with rare brain tumors have begun to file suit against industry giants accusing them of covering up potential health risks.

Brian Barrett was diagnosed with terminal brain cancer almost a year ago and he told CBS News Early Show Co-Anchor Jane Clayson that he believes his cell phone caused it. His attorney, Joanne Suder filed suit on Monday in Atlanta.

"I was an active cell phone user for many years, since the '90s, mid-1994, and still use it but in an entirely different way because of what happened," Barrett says.

He uses an ear piece now and will use a "bolt-in" model in the car.

Barrett used to use his cell phone every day. "My billing would be a thousand, over 2,000 minutes per month."

He says that the CAT scan of his brain shows that his tumor exactly matches the area of the radiation penetration from a cell phone antenna.

How can Barrett be sure that it was his cell phone and not smoking or something else that caused his cancer?

"Well, my doctors have told me that I have perfect blood pressure, perfect resting heart rate. I'm in excellent physical condition…so the cell phone is up to my head and I'm using it frequently with no real awareness that there's any kind of a problem. And now the tumor is right there. Right where my chrome phone always was. Anyone who knows me knows I don't use a phone on the right side of my head," he said.

His lawyer says Brian's case isn't unique.

"Brian's case is very similar to over 100 potential plaintiffs we've spoken to around the country and in Europe," said Suder. "We see a pattern here." Most of the plaintiffs are upper middle class men who used their cell phones on a regular basis.

Suder said the industry "has funded a study in order not to be totally regulated by the FDA to the tune of $27 million. And the chief of that study, hired by…the defendants, has proven that there's a close connection between longtime usage or frequent usage and cancer," said Suder.

Suder said there are some parallels to the tobacco industry.

"There is a lot of information which they knew or absolutely should have known," said Suder. "There was no pre-testing market of these things."

Barrett feel that some things can be deduced from common sense and some things really take a lot more hard science.

"We've come to trust the phone companies...They roll out the cell phones and I don't have any idea that no one has tested them, that there's no clear guideline and there's no medical research and now the damage is done. I'm going to die," said Barrett, who hopes to live another three or four years. "I don't know how long I have. I have a 5-year-old daughter, a 13-year-old daughter and a beautiful wife and that's all gone now, not today but very soon. I feel it's a breach of trust."

He continued, "What's good, Jane, is everyone is looking at it now nd I want them to look at it harder and closer and I don't want them to be needlessly killed because of a matter of convenience. It's not worth not raising my daughters and I just know that there is a connection and I know that one of these days, the science is going to come down and pinpoint it."