Bowman and Brooke
Over the last several years, hundreds of pending cases involving infusion pumps were filed in the California court system, but only one was able to change the direction of litigation, through a complete defense verdict in the first bellwether case to go to trial in 2013.
Working on behalf of client Breg, Inc., Bowman and Brooke executive managing partner Kim Schmid and a colleague from the firm’s Richmond office secured the major defense win in the Superior Court for the State of California after a three-week jury trial. As a result, the infusion pump mass tort is seeing a significant decline in new cases, and several pending cases have been settled.
“Our client benefitted from national, coordinated litigation,” says Schmid. “Because of our firm’s resources, as we have offices coast to coast and a deep bench of trial lawyers in drug and medical device litigation, we can handle anything.”
This isn’t Schmid’s first time helming a bellwether case. She led similar defense wins in a pain pump mass tort in a 2011 Colorado trial and a 2010 11th circuit affirmation of a Florida summary judgment.
Schmid credits the deep specialization of Bowman and Brooke attorneys for assisting in her national management of mass tort and class action suits in life sciences, noting that about 60 attorneys handle pharmaceutical and medical devices in their practices, and now the firm is moving into the newer area of nutraceuticals.
First joining Bowman in 1988, when she was just out of law school, Schmid gravitated quickly toward medical device product litigation. “I’ve always been interested in medicine, and because we are located in the Twin Cities, creating a practice around medical devices seemed like a great marriage between law and medicine for me,” she says.
Looking ahead, Schmid may have more high-profile cases in the near future; she was just named as national coordinating counsel on another mass tort on a medical device. Also, she was recently named as national managing counsel for a company specializing in cardiac care devices.
“We’re leveraging our expertise in several areas, and that’s exciting,” she says.