Vincent Moccio

Vincent@Bennerotte.com

Phone: 651-587-8423
E-Mail: VINCENT@BENNEROTTE.COM

Vincent J. Moccio, Esq. represents plaintiffs in the areas of product failure, personal injury, pharmaceutical and medical device failures, medical malpractice and civil rights.

He became “of counsel” with Bennerotte & Associates in 2015 after 27 years practicing in these areas with another large Minneapolis law firm.

In his over three decades representing plaintiffs, Mr. Moccio has handled hundreds of medical device and pharmaceutical cases in MDL litigation and represented thousands of clients in class action lawsuits

Mr. Moccio was counsel in two groundbreaking Minnesota bellwether pharmaceutical trials involving compulsive gambling caused by the Parkinson’s drug Mirapex. He has represented thousands of clients in MDLs and class actions nation-wide. He was part of the Minnesota tobacco litigation team, representing the State of Minnesota and Blue Cross and Blue Shield of Minnesota against the tobacco industry resulting in a historic settlement of over $6 billion. He also had the unfortunate honor of being one of several attorneys that represented the families of Paul, Sheila and Marcia Wellstone and three aides killed when their plane crashed in 2002. He has successfully represented numerous plaintiffs injured by products ranging from rock crushers to farm equipment to elevators and in horrific car accidents. He has argued successfully in the Minnesota Court of Appeals and Eight Circuit Court of Appeals.

Mr. Moccio was recognized as a “Super Lawyer” by Minnesota Law & Politics in 2003 and 2005 through 2019. He received the 1998 Minnesota Trial Lawyers Association’s “Member of the Year” award as part of the Minnesota Tobacco Litigation Team and has been recognized by Trial Lawyers Care, Inc., the New Jersey Bar association and the Minnesota Bar Association for pro bono work on behalf of the families of victims of the September 11 attacks at the World Trade Center.

Mr. Moccio is admitted to practice in all state and federal courts in Minnesota and well as the Seventh and Eight U.S. Circuit Courts of Appeals, the U.S. District Court for the Eastern District of North Dakota, and the U.S. District Court for Western District of Wisconsin. He received his B.A. in Political Science from Indiana University and his J.D. from the Indiana University School of Law, J.D., cum laude (1987).

Current Litigation

Mr. Moccio is currently representing clients in the Roundup, Vaginal Mesh, Xarelto, 3M Ear Plug, Benicar, and Pinnacle Hip MDLs, as well as representing numerous individual clients in civil rights and injury cases.

Selected Litigation Results

Mirapex Drug MDL

Co-counsel for plaintiffs in bellwether Mirapex trials: Charbonneau v. Boeringer Ingelheim Pharm., Inc. and Pfizer, Inc. ($8,279,300 verdict including $7.8 million in punitive damages) and Zwayer v. Boeringer Ingelheim Phar., Inc. and Pfizer, Inc. (confidentially settled prior to closing arguments) leading to confidential settlements of over 280 Mirapex cases alleging failure to warn of compulsive behaviors, including gambling, from taking the Parkinson’s drug Mirapex.

Minnesota Tobacco Litigation

Part of Minnesota Tobacco Litigation Team in Historic $6 billion settlement of the State of Minnesota and Blue Cross and Blue Shield of Minnesota's lawsuit against the major cigarette manufacturers.

DePuy and Stryker Hip Prosthesis MDLs

Co-counsel for hundreds of clients with defective ASR, Rejuvenate and ABGII hips whose claims ultimately resoled as part of global settlements.

$7 Million Settlement in St. Croix Strip Search Class Action

Class Counsel in Blihovde v. St. Croix County (219 F.R.D. 607 D.C Wis. 2003) representing plaintiffs illegally strip searched at the St. Croix County, Wisconsin, jail, achieving $7 million settlement.

Wells Fargo Securities Lending Litigation

Co-counsel in Minnesota Workers’ Compensation Reinsurance Association et al. v. Wells Fargo Bank, N.A. where a Ramsey County jury awarded $30.1 million to four Minnesota non-profits in an action against Wells Fargo Bank, N.A. The jury found that Wells Fargo breached its fiduciary duty and violated the Minnesota Consumer Fraud Act. The Minnesota Court of Appeals affirmed the trial court. The final judgment, plus additional post-trial attorneys’ fees paid by Wells Fargo, totaled more than $57 million. $3.8 Million Settlement for Injuries in Automobile Collision Co-counsel for 63-year-old farm wife who was severely injured when an approaching car crossed the center line causing a head-on collision. Instrumental in the trial court's reconsideration to a summary judgment motion which encouraged the parties to agree to a settlement for $3.8 million.

$2 Million Settlement in Mille Lacs Strip Search Class Action

Class Counsel for plaintiffs illegally strip searched at the Mille Lacs County, Minnesota jail achieving $2 million settlement.

Confidential Settlement for Woman That Contracted Argyria

Counsel for woman that contracted Argyria from ingestion of Colloidal Silver.

$700,000 Settlement for Wrongful Death at Mille Lacs Jail

Counsel for family of inmate who died of meningitis at the Mille Lacs County jail as his pleas for medical attention were being ignored.

$750,000 Settlement in Meeker Strip Search Class Action

Class Counsel for plaintiffs illegally strip searched at the Isanti County, Minnesota, Jail, achieving a $750,000 settlement.

$535,000 Settlement for insured denied disability coverage

Counsel for insured doctor denied benefits under policy of disability insurance, resulting in a $535,000 settlement.

$325,000 Settlement for Wrongful Death at a Minnesota Jail

Counsel for family of inmate who died he at a northern Minnesota Jail.

$300,000 Settlement for Wrongful Death at Lakes Region Jail

Counsel for family of inmate who died of drug overdose at the Lakes Region, North Dakota, Jail.

$250,000 Settlement for Wrongful Death at Lakes Region Jail

Counsel for family of inmate who died of pneumonia at the at the Lakes Region, North Dakota Jail.

$200,000 Settlement for Fall at The Mall of American

Counsel for woman that fell at the Mall of American suffering a shoulder injury.

$100,000 Settlement for Wrongful Death at Mille Lacs Jail

Counsel for family of inmate who committed suicide at the Mille Lacs County jail.

Selected Appellate Results

Deluna v. Mower County, 2019 WL 3937747, ---F.3rd --- (8th Cir. 2019))

Reversing summary judgment in favor of defendant county, establishing proper criteria for foreseeability of injury, and reversing finding of vicarious official immunity.

Brault v. Acceptance Indem. Ins. Co., 538 N.W.2d 144 (Minn. Ct. App. 1995)

Finding that insurance policy was ambiguous and establishing insurance coverage for dram shop liability at aggregate level for pecuniary loss.

Jarvis & Sons v. Intern. Marine. 768 N.W.2d 365 (Minn. Ct. App. 2009)

Affirming marine insurance coverage for injuries sustained by women injured on boat that was moored for the off season.

Harris v. Wickum, 2018 WL 3716370 (Minn. Ct. App. 2018)

Reversing summary judgment and finding establishing proper scope of expert affidavit in medical malpractice action.

Calcago v. Emery, 2012 WL 1813389 (Minn. Ct. App. 2012)

Affirming denial of defendant’s motion for a new trial in medical malpractice action.

Zwaschka v. Carney, 2011 WL 2519135 (Minn. Ct. App. 2011)

Affirming denial of summary judgment in medical malpractice action.

Black v. Rimmer, 700 N.W.2d 521 (Minn. Ct. App. 2005)

Affirming default judgment in motor vehicle accident case.

DiRico v. Restart, Inc., 2004 WL 772094 (Minn. Ct. App. 2004)

Reversing grant of summary judgment to defendant nursing home in wrongful death action.

Denman v. Gans, 607 N.W.2d 788 (Minn. Ct. App. 2000)

Affirming judgment that owners of landlocked property in waterfront subdivision had not abandoned easement to the waterline.

Rivard v. City of St. Paul, 1995 WL 238921 (Minn. Ct. App. 1995)

Affirming denial of summary judgment to city on immunity and causation where woman sustained injuries caused by snow or ice that fell from an overpass and hit her windshield.

Pieper v. Tri-State Machinery Co., 1993 WL 183960 (Minn. Ct. App. 1993)

Affirming denial employer and worker’s compensation carrier’s petition for intervention in third-party action stemming from workplace injury.

Hoglund v. Herrmann, 1993 WL 120663 (Minn. Ct. App. 1993)

Reversing summary judgment against injured parties on their claims of negligent failure to prevent an unauthorized use of a motor vehicle and violation of the Safety Responsibility Act.