Bowman and Brooke
Kim M. Schmid

Kim M. Schmid

Executive Managing Partner
Phone:612.672.3247
Fax:612.672.3200

Kim Schmid concentrates her national litigation practice on defending high-profile manufacturers of medical devices, pharmaceuticals and nutraceuticals against product liability claims in courtrooms across the country. Kim defends her life-sciences clients in individual lawsuits, mass torts, multidistrict litigation and class actions. She recently tried and led the defense team on the first bellwether case in the California infusion pump JCCP to go to trial. Kim currently serves as National Coordinating Counsel in several medical device mass torts.

In court, Kim has extensive experience defending drug and medical device products, including latex gloves, breast implants, hip stem implants, oral contraceptives, cold therapy units, nutritional supplements, infusion pumps, orthopedic devices, implantable cardiac care devices, suction devices, surgical instruments, device monitors, blood warming units and more. She has defended IDE products utilized in clinical trials, as well as Class I, II and III FDA cleared devices. Kim has also defended pharmaceutical cases involving generics, branded, OTC and Rx medications.

A nationally recognized lawyer, Kim has authored key articles published in leading life-sciences journals and presents at national seminars on issues such as preemption, FDA regulatory oversight, clinical trials, product recall management, mass torts, bellwether selections, crisis management, and successful Daubert challenges and other evidence-based motions. She is also a member of the firm's Executive Committee, where she has leadership responsibility for strategic and overall firm management.

Bar Admissions

  • Minnesota, 1988
  • Wisconsin, 1997

Court Admissions

  • U.S. District Court District of Minnesota, 1988
  • U.S. District Court Eastern District of Wisconsin, 2004
  • U.S. District Court Western District of Wisconsin, 2004
  • U.S. Court of Appeals 6th Circuit, 2006

Education

  • William Mitchell College of Law, J.D., 1988
    —cum laude
    —Associate Editor, William Mitchell Law Review, 1987 - 1988
  • St. Cloud State University, B.A., 1982
    —cum laude
  • College of Saint Benedict, B.A.

Memberships

    • American Bar Association
      Drug and Medical Device Subcommittee
    • Defense Research Institute, Inc.
      Drug and Medical Device Subcommittee
    • International Association of Defense Counsel
    • LifeScience Alley
    • Minnesota State Bar Association
    • State Bar of Wisconsin

Distinctions

    • Listed for Product Liability Litigation - Defendants, 2014
      Best Lawyers in America®
    • "Local Litigation Star," Product Liability, 2014
      Benchmark Litigation
    • Attorney of the Year, 2013
      Minnesota Lawyer
    • International Who's Who of Product Liability Defense Lawyers, 2013
      —Who's Who Legal
    • Named in Litigation: Product Liability Defense, Pharmaceuticals and Medical Devices, 2012-2013
      The Legal 500
    •  Super Lawyers®, 2011-2013
       —Minnesota Super Lawyers Magazine
    • Medmarc Attorney of the Year, 2010

Recent Verdicts & Case Studies


CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Recent News, Events and Blogs


Publications

  • "Mich. Drug Companies Now Less Immune Under Tort Reform," (co-authored with Jeffrey Gorcyca), Law360, February 11, 2014
  • "Gray Zone Between FDA and FTC Nutraceutical Regulation," (co-authored with Katie Fillmore and Jenny Young) Law360, August 13, 2013
  • "Concerns Heighten Over the Prospect of ‘Responsible Corporate Officer’ Prosecutions Against Drug and Device Manufacturers" (co-authored with Molly J. Given), Westlaw Journal Medical Devices, Vol. 17, Iss. 24, January 18, 2011
  • "The Potential Impact of 'Recall Fatigue'" (co-authored with John D. Sear), Product Liability Law360, November 24, Guest Column, 2010
  • "Combating Abusive Pleading With Iqbal/Twombly" (co-authored with William N.G. Barron IV), Product Liability Law360, December 8, Guest Column, 2009
  • "The Iqbal/Twombly Decisions" (co-authored with William N.G. Barron IV), Medical Malpractice Law & Strategy, Law Journal Newsletters, December, 2009
  • "Wyeth v Levine: Forecasting the Future of Preemption in Pharmaceutical Cases," Andrews Medical Devices Litigation Reporter, 15 No. 24 ANMDLR 10, 2009
  • "Federal Jurisdiction Based on Removal: A 50-State Survey," ABA Practice Essentials Book (Chapter on Minnesota), 2008
  • "Riegel v. Medtronic: Better Off Without It?" (co-authored with Shane Bohnen), Product Liability Law360, August 1, 2008
  • "Fast Food in the Gunsights - Class Actions as Political Weapons," The Bureau of National Affairs, Inc., Washington, D.C., 2002
  • "Minnesota Rejects Alternative Design Test in Products Liability Law," 14 William Mitchell Law Review 198, 1987
  • "Dual Capacity Exception Unlikely in Minnesota" 14 William Mitchell Law Review 204, 1987

Classes and Seminars Taught

  • "Litigation and Claims Trends for the Life Sciences Industry: The 2013 Year In Review and a Forecast for 2014," Medmarc Loss Control Webinar Series, November 13, 2013
  • "Top Ten Medical Device Litigation Trends," North American Spine Society Annual Meeting, New Orleans, LA, October 10, 2013
  • "Drug and Medical Device Shortage: Issues and Challenges," Panelist - Berkley Life Sciences Webinar, July 11, 2012
  • "Mass Torts, Recent Judicial Decisions, Crisis Management," Moderator - Bowman and Brooke Medical Devices and Pharmaceutical Hot Topics Seminar, Minneapolis, March 3, 2011
  • "Preventing Emotion from Overcoming Reason When There Has Been a Drug or Device Recall: Effective Litigation and Risk Minimization Strategies," Moderator - ACI Drug and Medical Device Litigation Conference, New York, NY, December 7-9, 2010
  • "What You Need to Know About Product Recalls," Moderator - ABA, Current Issues in Pharmaceutical and Medical Device Litigation, hosted by Johnson & Johnson, New Brunswick, NJ, November 11, 2010
  • "A New Set of Tools to Defend Product Liability Litigation in the Next Decade," Moderator - InsideCounsel SuperConference, Chicago, IL, May 25-26, 2010
  • "Reigel v. Medtronic Decision and Preemption", Sanders Conkright & Warren LLP and Medmarc, 21st Annual Medical Device Seminar, June 11-13, 2008
  • "Hot Topics in Medical Device Litigation", MNASQ Biomedical Focus Group, February, 2007