SELECTED CASES AND ARTICLES
Mary C. Roden vs. Starcrest of Newnan,
$3.6 million dollar verdict after two week trial against nursing home for burns
and injuries to elderly resident. Cover story of Fulton County Daily Report,
Newnan Nursing Home Appealing $3 Verdict, March 9, 2001, vol. 12, No.
48.
McLain v. Mariner Health, 279 Ga. App. 410 (2006),
Ga. S.Ct cert. denied.
Court of Appeals reverses trial court and holds that violation of any nursing
home statute, rule or regulation, be it State or Federal, constitutes negligence
as a matter of law. Court further holds that trial court erred in dismissing
claims of ordinary negligence against health care providers.
Gail Daniels vs. American Home Products,
One of three Phen-Fen cases involving primary pulmonary hypertension. Case covered
in extensive article in Atlanta Magazine, September 2001.
Cover Story in Fulton County Daily, April 21, 2000, Don’t Stall Phen-Fen
Maker Told, Vol. 111, No. 79.
Curtis Grice, et. al vs. Acromed, et. al
Class Action on behalf of all residents of the State of Georgia treated with
Pedicle Screws, back fixation devices which had been, among other thing, promoted
by the manufacturer for use in a manner not approved by the FDA. Fulton County
Daily Reporter, Back Screw Suits Are Back, December 14, 1995, Vol.
106, No. 243.
Raymond vs. Amada, 925 F. Supp. 1572 (1996)
In case of first impression, federal court rules, in favor of Plaintiff, that
“open and obvious” and alleged negligence of injured party are no
longer absolute defenses to product liability actions in Georgia. Holding subsequently
followed and adopted by Georgia State courts; Bodymasters Sports Industries,
Inc. v. Wimberley 232 Ga. App. 170, 172-173, 501 S.E.2d 556, 559 - 560
(Ga. App.,1998)
Henderson v. Scientific Atlanta, 971 F.2d 1567 (11th
Cir. 1992). cert denied, 510 U.S. 1004, 114 S.Ct. 582 (Mem.) 126 L.Ed.2d
481, 62 USLW 337.
Class action Securities fraud case resulting in $18 million settlement on behalf
of shareholders who lost money from alleged improper “booking” of
orders which could not be filled for a product which had a nearly 50% failure
rate and withholding such information from the public after the Court of Appeals
for the Eleventh Circuit reversed the trial court dismissal of the claims on
Statute of Limitations grounds.
Grundberg v. Upjohn, 813 P.2d 89 (Utah 1990)
In a case involving the sleeping pill Halcion where the Plaintiff had shot and
killed her mother due to the drug, Court ruled that the alleged fraud on the
FDA, if proven, resulted in manufacturer being strictly liable.
Grundberg v. Upjohn, 137 F.R.D. 372, (US.D.C Utah 1991) 60 U.L.W. 2037, 1991, Corp.L. Dec. P. 26, 792, 19 U.S.P.Q. 2 d 1590 (D. Uthat, June 14, 1991) (NO. Civ. C89-274G, CIV C91-003G) Federal district court grants Plaintiff’s challenges to drug manufacturer’s Secrecy Order; further rejects manufacturer’s claims that its internal documents were protected under copyright laws
Grundberg v. Upjohn, 137 F.R.D. 365 (US.D.C Utah 1991)
Federal finds that evidence presented reports to drug company admissible upon
proper foundation to prove misrepresentations to United states food and Drug
Administration.
The Grundberg case and its settlement was the cover story of the Aug.19, 1991; “Sweet Dreams or Nightmare.” P.44 issue of Newsweek. Based on evidence obtained in that action, the drug was not allowed to be sold in a number of countries and the FDA changed and strictly limited the dosage and the time the drug could be taken.
McBridge v. General Motors, 737 F.Supp. 1563 (M.D.Ga.1990)
In a case involving profound and debilitating injuries to rear seat occupants
of GM vehicles equipped with lap belt only systems, federal court declares “one
award” of punitive damages sections of the Tort Reform Act of 1987 unconstitutional.
Elliott by and Through Elliott, (M.D. Ga. 1993),
aff’d 37 F. 2d 617 (1994);
Multi-million dollar verdict for serviceman and under Federal Tort Claims Act
from carbon monoxide poising in military housing.
Meyer vs. C&S National Bank,
Class action on behalf of beneficiaries of income fund operated by C&S.
Case settled after two weeks of trial for $32,650,000.
Mr. Saccoccia has spoken on many different issues that arise in his line of work. At the 1997 State Bar of Georgia Annual Convention and Seminar, he spoke on Ethical Consideration on Attorney Fee Issues. In 2000, Mr. Saccoccia spoke to the Macon Bar Association Nursing Home Seminar on punitive damages and then record 3.6 million dollar verdict he and his firm obtained in a nursing home case in Newnan, Georgia.