Daniel R. Higginbotham, Attorney | Thomas Combs & Spann PLLC

Attorneys Daniel R. Higginbotham | Partner

Daniel is a trial lawyer and litigator whose practice focuses on the defense of product manufacturers, particularly in the pharmaceutical and medical device sectors. Daniel has tried his clients' most important cases in federal and state courts throughout the country. He also has significant experience defending product manufacturers in mass tort litigation, working cohesively in “virtual firms” alongside some of the best litigators in the country. Not just a trial attorney, Daniel has served as appellate counsel for his clients in dozens of jury trials. In this role, he has briefed and argued significant legal and evidentiary issues during trial and drafted post-trial motions and appellate briefs in both state and federal courts.

A native of West Virginia, Daniel was honored to serve as a law clerk for two of West Virginia's federal judges. He first clerked for the Honorable Robert B. King of the United States Court of Appeals for the Fourth Circuit. He then clerked for the Honorable John T. Copenhaver, Jr., of the United States District Court for the Southern District of West Virginia.

Representative Experience:
Lead trial counsel in a two-week jury trial involving a discontinued medical device. After deliberating for less than one hour, the jury returned a complete defense verdict.

Lead trial counsel for a medical device manufacturer in a case involving a discontinued metal-on-metal hip implant. The case settled on favorable terms on the eve of trial.

Trial counsel in a four-week jury trial in the Philadelphia Court of Common Pleas involving pelvic mesh. The jury returned a favorable verdict, rejecting the plaintiffs’ claim for punitive damages.

Trial counsel in a three-week jury trial in Indiana federal court where the plaintiff claimed permanent injuries from the use of a discontinued mesh implant.

Trial counsel in a two-week jury trial in Wisconsin federal court involving a prescription medical device. The case settled favorably midway through trial.

Appellate counsel for a medical device manufacturer in five jury trials in the Philadelphia Court of Common Pleas over a two-year period.

Appellate counsel for a medical device manufacturer in a four-week jury trial in New Jersey state court. The jury's verdict for the plaintiffs was overturned on appeal.

Represented a medical device manufacturer in thousands of product liability cases in multidistrict litigation and consolidated state court proceedings.

Obtained summary judgment for a pharmaceutical company in a West Virginia personal injury case, a ruling that was upheld on appeal.

Defended multiple West Virginia personal injury cases arising out of alleged defects in off-road vehicles.

Presentations:
How Remanded Cases Can Make or Break Multidistrict Litigation, 2024 IADC Product Liability Roundtable, New Brunswick, New Jersey, September 2024
How to Win on Statute of Limitations, IADC 2019 Midyear Meeting, Santa Barbara, California, February 26, 2019

Publications:
Reviving Failure to Warn Defenses in Cases Involving Deceased Prescribing Physicians, IADC Product Liability Committee Newsletter, November 2019

Professional Organizations:
International Association of Defense Counsel
Defense Trial Counsel of West Virginia
West Virginia Bar Association
Defense Research Institute

Bar Admissions:
West Virginia
North Carolina

Court Admissions:
Supreme Court of Appeals of West Virginia
United States District Courts for the Northern and Southern Districts of West Virginia
United States Court of Appeals for the Fourth Circuit
District of Colorado
Eastern District of Wisconsin

Contact:

Daniel R. Higginbotham
Thomas Combs & Spann, PLLC
300 Summers Street, Suite 1380
P.O. Box 3824
Charleston, WV 25338-3824
304-414-1811 (Direct) | 304-3566-1662 (Cell)
dhigginbotham@tcspllc.com | www.tcspllc.com
Download Daniel's VCard

Education & Honors:
• Duke University School of Law
   • J.D., magna cum laude May 2009
   • Duke Law Journal, Research Editor

• Vanderbilt University
   • B.A., summa cum laude May 2006