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

Attorneys Daniel R. Higginbotham | Partner

Daniel Higginbotham is a trial lawyer who represents clients in high-stakes personal injury actions in courtrooms across the United States. In June of 2022, he served as lead trial counsel for Johnson & Johnson in the District of Colorado and secured a unanimous defense verdict following a two-week jury trial involving decommercialized pelvic mesh products. The jury deliberated for less than an hour before rejecting the plaintiff's claim for $15 million. Daniel has tried cases for Johnson & Johnson in the Eastern District of Wisconsin (2020), the Philadelphia Court of Common Pleas (2019), and the Northern District of Indiana (2018). He has worked alongside the best pharmaceutical and medical device litigators in the country.

Not just a trial lawyer, Daniel has also served as appellate counsel for his clients in a number 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.

Prior to entering private practice, 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. Daniel then clerked for the Honorable John T. Copenhaver, Jr., of the United States District Court for the Southern District of West Virginia.

Daniel is a 2009 graduate of Duke University School of Law. While at Duke, he served as a Research Editor for the Duke Law Journal and was named a Mordecai Scholar. Prior to law school, Daniel studied Economics at Vanderbilt University, where he graduated summa cum laude in 2006.

Representative Cases and Experience:
Shostrom v. Ethicon, Inc., District of Colorado (2022) — served as lead trial counsel and obtained a unanimous defense verdict following two-week jury trial involving discontinued pelvic mesh devices.

Dunfee v. Johnson & Johnson, Philadelphia Court of Common Pleas (2019) — trial counsel in case involving discontinued pelvic mesh device where jury rejected plaintiffs' claim for punitive damages.

Kaiser v. Johnson & Johnson, Northern District of Indiana (2018) — trial counsel in a two-week jury trial in which the plaintiff claimed corrective surgery and permanent injuries from the use of discontinued mesh implant.

Adkins v. Ethicon, Inc., Philadelphia Court of Common Pleas (2017) — served as appellate counsel during four-week jury trial involving product liability claims against discontinued mesh device where jury returned a complete defense verdict.

McNair v. Johnson & Johnson, No. 2:14-cv-17463, 2015 WL 3935787 (S.D. W. Va. June 26, 2015) — obtained summary judgment for a pharmaceutical company in a personal injury lawsuit.

Lewis v. Ethicon, Inc., No. 2:12-cv-04301 (S.D. W. Va. 2014) — assisted trial team in successful defense of MDL bellwether trial in pelvic mesh litigation.

Flores v. Ethicon, Inc., 563 F. App'x 266 (4th Cir. 2014) — prepared briefs in successful appeal upholding dismissal of products liability claims and denial of motion to remand.

In re: Yamaha Motor Corp. Rhino ATV Products Liability Litigation — defended multiple West Virginia personal injury cases arising out of alleged defects in off-road vehicles.

Presentations:
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
The Judge John A Field Jr American Inn of Court

Bar 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

Contact:

P O Box 3824
Charleston, WV 25338
Direct Dial: 304-414-1811
Download Daniel's VCard

Education & Honors:
• Duke University School of Law, J.D., magna cum laude (2009)
   • High Honors; Order of the Coif
   • Mordecai Scholar
   • Duke Law Journal, Research Editor

• Vanderbilt University, B.A., Economics, summa cum laude (2006)

• Law Clerk, Hon. John T. Copenhaver, Jr., U.S. District Court for the Southern District of West Virginia (2010–2011)

• Law Clerk, Hon. Robert B. King, U.S. Court of Appeals for the Fourth Circuit, (2009–2010)