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Marcella C. Ducca

Marcella Ducca is Co-Chair of the Atlanta Products Liability Litigation Group and a shareholder at the firm. Marcella focuses her practice on the representation and defense of manufacturers in products liability litigation, with an emphasis on pharmaceutical, medical device, and health care litigation. She litigates a variety of complex matters in both state and federal courts, including multidistrict litigations ("MDLs") and mass torts. In addition, Marcella regularly defends major hospitals, physicians, and other healthcare providers in alleged medical malpractice cases.

Marcella is a senior leader on GT’s mass tort litigation teams, managing largescale national litigation as well as individual catastrophic injury and wrongful death cases. Marcella’s practice has been focused on medical devices, particularly women’s health devices and women’s health consumer products. In what has been called by some the most complicated mass tort in history, Marcella selected, retained, and managed dozens of trial experts and also helped build strategy for depositions of thousands of plaintiffs and physicians across the country, deposing many of them. She has also been a key member of several trial teams, including taking on responsibility for day-to-day case management, development of case strategy, and all aspects of fact and expert discovery. In one successful trial—a complete defense verdict when the plaintiff was seeking $28 million in damages—Marcella was instrumental in steering the causation defense and handling the parties’ medical expert witnesses.

Marcella currently oversees all aspects of a nationwide litigation involving inferior vena cava (IVC) filters, including strategy, motion practice, fact discovery, expert discovery, and trial workup. She has defended other mass torts, including transvaginal mesh, talcum powder, hernia mesh, and testosterone replacement therapy. Beyond her mass tort work, Marcella is involved in the defense of claims against one of the nation's largest medical device sterilization providers. Marcella recently secured the first dismissal of a medical device manufacturer on preemption grounds in the State of Alabama.

Marcella is listed in The Legal 500 United States, “Dispute Resolution – Product Liability, Mass Tort and Class Action – Defense: Pharmaceuticals and Medical Devices” (2020). She has been selected by Super Lawyers magazine as a Georgia Super Lawyers “Rising Star” from 2013 to the present, was selected as a “Rising Star” by Law360 in 2018, was featured in American Lawyer Media’s Daily Report “On the Rise” section in 2015, and was selected by the American Bar Association (ABA) as one of its “On the Rise: Top 40 Young Lawyers” in the country for 2017. Marcella is a leader on the team that was named The American Lawyer’s “Product Liability Litigation Department of the Year” and “Georgia Regional Litigation Department of the Year” for 2018.

Marcella is a frequent speaker on emerging issues in complex litigation and product liability law. She recently presented at the International Society for Pharmacoeconomics and Outcomes Research on “Proactive Post-Market Surveillance, 510(k) Update, and Real-World Evidence;” DeviceTalks Minnesota, “M&A, IP, and Product Liability Trends Impacting MedTech;” the Defense Research Institute’s Asbestos Medicine Seminar; ACI’s Drug & Medical Device Litigation Conference; and the Minnesota Women Lawyers’ Annual Conference.

Marcella is a member of the Emerging Leaders Board of Advisors at The Institute for Complex Litigation and Mass Claims at Emory University School of Law. She has also held multiple roles in the Young Lawyers Division (YLD) of the ABA.

Concentrations

  • Litigation
  • Products liability
  • Pharmaceutical, medical device and health care litigation
  • Multidistrict litigation
  • Medical malpractice
  • Commercial litigation

Competenze

Esperienze Professionali - Attività Accademiche

 

  • Defended global manufacturer of consumer products in a high-profile matter involving toxic shock syndrome allegedly caused by a tampon.
  • Defend multinational manufacturer of medical devices in all claims concerning transvaginal mesh devices, including one of the country’s largest MDLs, coordinated state court proceedings and one-off state court cases in Missouri, Florida, Massachusetts, New Jersey and Georgia. Key member of team in trial victory in Missouri state court following a two month trial where Plaintiff sought $28 million in damages. Led defense and coordination of litigation outside the United States, including assisting in defeating class certification of cases involving 19 different Bard pelvic mesh products in Ontario, Canada.
  • Defend multinational pharmaceutical company in absorbent body powder litigation, wherein the plaintiffs allege injuries in connection with body powder containing talc. This includes representation in an MDL pending in the District of New Jersey, as well as state court actions in California, Delaware, Missouri, New Jersey, Oklahoma, South Carolina, Tennessee and Canada.
  • Defend multinational pharmaceutical company in litigation concerning proton pump inhibitors.
  • Defend multinational pharmaceutical company in all pharmaceutical products liability litigation and for all individual matters involving an array of drug products, including metoclopramide, hormone replacement therapy, and antibiotics, as well as matters included in coordinated or consolidated mass tort litigation.
  • Defend one of world’s largest medical device companies in litigation related to a variety of medical devices, including defibrillators, stents, other cardiovascular devices, spinal cord stimulators (for both neurological and urogynecological issues), and orthopedic and spinal hardware and implants. Achieved a significant dismissal on behalf of company in a rare preemption decision in U.S. District Court for the Northern District of Ohio.
  • Represented global manufacturer of consumer products in pre-suit claims and filed lawsuits related to minor injuries allegedly caused by bladder support devices
  • Defending global manufacturer of eye care medicines and devices in claim alleging injuries in connection with contact lenses.
  • Defended global pharmaceutical company in various product liability litigation related to anti-depressant medication.
  • Defended a manufacturer of home appliances against claims of product defects.
  • Assisted in the defense of a pharmaceutical company in multidistrict products liability litigation alleging serious personal injuries from use of a product used in MRIs.°
  • Represented one of the largest banks in the U.S. in various breach of contract actions.°
  • Defended insurance companies, title insurance companies, and other businesses against various commercial and tort claims.°
  • Assisted victims of domestic violence in obtaining civil protective orders pro bono.°
  • Represented a college student accused of defamation pro bono.°

°The above representations were handled by Ms. Ducca prior to her joining Greenberg Traurig, LLP.

  • Intern, Hon. Justice Harold Melton, Georgia Supreme Court
  • Intern, Governor Sonny Perdue

Riconoscimenti e Premi

  • Listed, The Legal 500 United States, "Dispute Resolution - Product Liability, Mass Tort and Class Action - Defense: Pharmaceuticals and Medical Devices," 2020
  • Selected, Super Lawyers magazine, Georgia Super Lawyers, "Rising Star," 2013-2021
  • Shortlisted, Euromoney Legal Media Group, Americas Rising Star Awards,
    • Shortlisted, "Rising Star: Litigation," 2020
    • Shortlisted, “Best in Product Liability,” 2019
  • Selected, Law360, "Product Liability Rising Star," 2018 
  • Team Member, The American Lawyer’s “Regional Litigation Department of the Year - Georgia,” 2018
  • Team Member, The American Lawyer’s “Products Liability Litigation Department of the Year,” 2018
  • Selected, ABA "On the Rise: Top 40 Young Lawyers," 2017
  • Team Member, The Daily Report’s "Georgia Products Liability & Mass Torts Litigation Department of the Year," 2013 and 2015-2017
  • Team Member, Courtroom View Network’s "Top Defense Verdict of 2016"
  • Team Member, Missouri Lawyer’s Weekly, “Top Defense Wins in 2016”
  • Selected, Daily Report, "On the Rise," 2015
  • Selected, Georgia Trend magazine, "Legal Elite," 2012
  • Team Member, a Law360 "Product Liability Practice Group of the Year," 2011
  • Member, Emerging Leaders Board of Advisors, The Institute for Complex Litigation and Mass Claims at Emory University School of Law
  • Member, International Association of Defense Counsel, 2018-Present
  • Member, Defense Research Institute, 2010-Present
  • Barrister, Lamar Inn, 2011-Present
  • Volunteer Broadcaster, Georgia Radio Reading Service, 2011-Present
  • Member, American Bar Association, 2010-Present
    • Litigation Vice Chair, Young Lawyers Division
    • Assistant Editor, Affiliate
  • Member, Atlanta Bar Association, Litigation Section and Atlanta Council of Young Lawyers, 2010-Present
  • Member, Georgia Association of Women Lawyers, 2010-Present
  • Member, State Bar of Georgia, Litigation and Women in Profession Committees, 2009-Present
  • Member, Ohio State Bar Association, 2008-Present 
  • Member, Emory Young Alumni Association Board, 2011-2013
  • Member, Laurel School Alumnae Board, 2010-2013
  • Member, Junior Leagues of Cleveland and Atlanta, 2009-2013

Formazione

Formazione
  • Laurea magistrale in Giurisprudenza, Emory University School of Law, 2008
    • Recipient, Moffett Litigation Award
    • Recipient, Gunster Yoakley and Stewart Best Oralist Award
    • Recipient, James C. Pratt Best Brief Award
    • Director-in-Chief and Special Teams Member, Emory Moot Court Society
    • Member, Order of Barristers
  • Diploma di maturità, Emory University, 2005
    • President, Student Programming Council
Abilitazioni
  • Georgia
  • Ohio
Lingue