Bowman and Brooke Logo
Kim M. Schmid

Kim M. Schmid

Firm Vice Chair and 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 dietary supplements 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 tried and led the defense team on the first bellwether case in the California infusion pump JCCP to go to trial. Kim is currently serving as national trial counsel in a significant medical device mass tort. She also serves as national coordinating counsel in several medical device mass torts. 

In court, Kim has extensive experience defending drug and medical device products, including transvaginal mesh products, latex gloves, breast implants, hip stem implants, oral contraceptives, cold therapy units, dietary supplements, infusion pumps, orthopaedic 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, over-the-counter and prescription 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 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. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Minnesota
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin

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.

Professional Associations

    • Trial Attorneys of America
    • 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

    • Medmarc Attorney of the Year, 2010
    • The Legal 500
      —Named in Litigation: Product Liability Defense, Pharmaceuticals and Medical Devices, 2012 – 2014, 2016
    • Minnesota Lawyer
      —Attorney of the Year, 2013
    • Who's Who Legal
      —International Who's Who of Product Liability Defense Lawyers, 2013 – 2015, 2018
    • Benchmark Litigation
      —"Local Litigation Star," Product Liability, 2014 – 2019
    • Super Lawyers Magazine
      —Minnesota Super Lawyers, 2011 – 2018
    • The Best Lawyers In America 
      —Listed in Product Liability Litigation - Defendants, 2014 – 2017
    • Martindale-Hubbell
      —Rated AV Preeminent

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


Speaking Engagements

  • “Navigating the FDA's new Medical Device Safety Action Plan plus...Staying Ahead of Class Actions in Life Science,” Co-Presenter, Client Webinar, May 2018
  • “Life Sciences Industry: 2017 Year in Review and 2018 Horizon, Co-Presenter, Client Seminar, February 2018
  • “Shining the Light on Third Party Litigation Funding,”ACI Drug and Medical Device Conference, December 2017
  • “Litigation Trends and Claims Forecast for the Medical Device, Pharmaceutical, Nutraceutical and Clinical Trial Industries,” Co-Presenter, Client Webinar, December 2017
  • “Litigation Trends – Drugs and Devices: Where Plaintiffs’ National Consortium Appears to be Heading and Other Hot Issues,” Client Seminar, October 2017
  • “Cyber Security, Medical Devices, and the FDA,” Co-Presenter, Client Presentation, August 2017
  • “Cybersecurity, Medical Devices and the FDA,” Co-Presenter, Medmarc Insurance Group 30th Annual Medical Device Seminar, June 2017
  • "Life Sciences Industry: 2016 Year in Review and 2017 Horizon,” Co-Presenter, Berkley Life Sciences Client Seminar, February 2017
  • "Deep Dive into Women's Health: Preparing for the Second Wave of Products Liability Litigation," ACI Drug and Medical Device Conference, December 2016
  • "2016 Legislative Outlook in the Life Sciences Industry," Berkley Life Sciences Client Webinar, January 2016
  • "Learned Intermediary Doctrine: Effectively Positioning Your Case for Summary Judgment", Medmarc 27th Annual Medical Device Seminar, June 2015
  • "Planning for Litigation in the Midst of a Recall," ABA Section of Litigation, The Women of the Section of Litigation Conference, Chicago, IL, November 2014
  • "Medical Device Trends," American Academy of Orthopaedic Surgeons Annual Meeting, New Orleans, LA, March 2014
  • "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 2013
  • "Top Ten Medical Device Litigation Trends," North American Spine Society Annual Meeting, New Orleans, LA, October 2013
  • "Drug and Medical Device Shortage: Issues and Challenges," Panelist - Berkley Life Sciences Webinar, July 2012
  • "Mass Torts, Recent Judicial Decisions, Crisis Management," Moderator - Bowman and Brooke Medical Devices and Pharmaceutical Hot Topics Seminar, Minneapolis, March 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 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 2010
  • "Reigel v. Medtronic Decision and Preemption", Sanders Conkright & Warren LLP and Medmarc, 21st Annual Medical Device Seminar, June 2008
  • "Hot Topics in Medical Device Litigation", MNASQ Biomedical Focus Group, February 2007

Publications

  • "Law And Regulation Of 3-D Printed Medical Devices," Law360, Co-Author, April 2016
  • "The Keys To Success in the Collection Process," Second Article in Bowman and Brooke Discovery Series, Co-Author, November 2015
  • "Effective Litigation Holds," First Article in Bowman and Brooke Discovery Series, Co-Author, October 2015
  • "From Plaintiffs' Attorneys to Congress: Using an Interdisciplinary Approach to Recalls," ABA Section of the Litigation, Co-Author, November 2014
  • "Mich. Drug Companies Now Less Immune Under Tort Reform," Law360, Co-Author, February 2014
  • "Gray Zone Between FDA and FTC Nutraceutical Regulation," Law360, Co-Author, August 2013
  • "Concerns Heighten Over the Prospect of ‘Responsible Corporate Officer’ Prosecutions Against Drug and Device Manufacturers," Westlaw Journal Medical Devices, Vol. 17, Iss. 24, Co-Author, January 2011
  • "The Potential Impact of 'Recall Fatigue'," Product Liability Law360, Guest Column, Co-Author, November 2010
  • "Combating Abusive Pleading With Iqbal/Twombly," Product Liability Law360, Guest Column, Co-Author, December 2009
  • "The Iqbal/Twombly Decisions," Medical Malpractice Law & Strategy, Law Journal Newsletters, Co-Author, 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?" Product Liability Law360, Co-Author, August 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