Kim M. Schmid
Managing Partner
Phone: 612.672.3247
Fax: 612.672.3200
Our Attorneys

Kim M. Schmid

Biography

Kim Schmid focuses her litigation practice defending companies in drug and medical device cases in courts across the country.  In addition to her defense litigation practice where she is currently serving as National Coordinating Counsel in medical device mass tort litigation, she advises her clients on FDA regulatory compliance and reporting requirements.

In courts, Kim has successfully tried cases and defended medical device products including latex gloves, breast implants, hip stem implants, infusion pumps, orthopedic devices, implantable cardiac care devices, suction devices, surgical instruments, device monitors and blood warming units to name a few.  She has defended IDE products utilized in clinical trials as well as Class I, II and III FDA cleared devices.  Kim has defended pharmaceutical cases involving generics, branded, OTC and Rx medications.  She has written articles and presented at national seminars on issues specific to drug and device litigation such as preemption, successful Daubert challenges and other evidence based motions.  Kim has defended individual lawsuits, class actions, cases involved in mass tort and multi-district litigation (MDL).

Kim is Managing Partner of our Minneapolis office and is also an active member of the DRI and ABA’s Drug and Medical Device Subcommittees and LifeScience Alley. In 2010, Kim was named Attorney of the Year at Medmarc's annual defense counsel meeting in Charleston, South Carolina. Kim was chosen out of more than 300 attorneys who represent the medical device industry insurer.

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

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

Memberships and Affiliations

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

Super Lawyer®, 2011

    Minnesota Super Lawyers Magazine

 

Medmarc Attorney of the Year, 2010

 

Classes and Seminars Taught

"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

Representative Clients

Eli Lilly and Company

Breg, Inc.

Medmarc Insurance Company

Cynacon/Ocusoft

C.B. Fleet Company, Inc.

Chubb Group of Insurance Companies

Thoratec Corporation

Mitsubishi Motor Sales of America

Nissan Motor Co.

Published Works

"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