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 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, nutritional 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, 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.
- Practices: Product Liability Litigation | Class Action and Multidistrict Litigation
- Industries: Medical Device and Pharmaceutical
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.
- Jury Returns Defense Verdict in Bellwether MDL Medical Device Case | Feb 06, 2013
- Montana Federal Jury Returns Verdict for Breg in Multi-Million Dollar Pain Pump Case | Aug 16, 2011
- Eleventh Circuit Affirms Daubert and Summary Judgment Rulings for Breg in First Pain Pump Appellate Decision | Aug 12, 2010
- Major Daubert Victory for Medical Device Manufacturer in National Pain Pump Litigation | Jun 25, 2009
- Chlopek v. Breg, Inc. | Apr 25, 2006
Recent News, Events and Blogs
- Kim Schmid To Present at ACI's 22nd Annual Drug & Medical Device Conference | September 25, 2017 | Speaking Engagement
- The Legal 500 Names Bowman and Brooke to Top Litigation Rankings | June 12, 2017 | Articles
- Bowman and Brooke Announces New Executive and Management Committee Members | February 15, 2017 | News
- Kim Schmid Comments on 3D Printing Law in Minnesota Lawyer | May 23, 2016 | Articles
- Law and Regulation of 3-D Printed Medical Devices | March 31, 2016 | Articles
Honors and Awards:
- Medmarc Attorney of the Year, 2010
- Attorney of the Year, 2013 - Minnesota Lawyer
- "Local Litigation Star," Product Liability, 2014 - 2015 - Benchmark Litigation
- Listed for Product Liability Litigation - Defendants, 2014 - 2015 - Best Lawyers in America
- International Who's Who of Product Liability Defence Lawyers, 2013 - 2014 - Who's Who Legal
- Named in Litigation: Product Liability Defense, Pharmaceuticals and Medical Devices, 2012 - 2014 - The Legal 500
- Super Lawyers, 2011 - 2015 - Minnesota Super Lawyers Magazine
Speaking Engagements:
- “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 11, 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 Orthopedic Surgeons Annual Meeting, New Orleans, LA, March 12, 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 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
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," (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
