David Givens has been practicing law for more than 25 years, concentrating on wide-ranging civil litigation – specifically medical malpractice, legal malpractice, breach of contract, product and commercial litigation, employment law, domestic law, medical staff credentialing and defamation matters.

David has significant trial experience and has tried breach of contract, automobile liability, civil rights, defamation, premises liability and multiple medical malpractice claims to verdict.  He has represented healthcare defendants at trial in infant death cases, neonatal brain damage cases, and other claims asserting wrongful death. In addition, he has handled complex commercial litigation matters in state and federal courts and has represented employers in administrative claims before the United States Department of Labor and in binding arbitration.

David served on the Board of Governors for the Defense Trial Counsel of West Virginia from 1999 to 2005.  In 2005, he assumed the managing member position of Flaherty’s Wheeling office.  In 2008, he served as a court-appointed “McKenzie Friend” in a complex lands trust act case in Southampton, Great Britain.  In 2009, David represented West Virginia’s largest hospital in appeals before the Fourth Circuit Court of Appeals and the Supreme Court of the United States which raised important issues regarding the proper application of the civil immunity provisions of the Health Care Quality Improvement Act.

Practice Concentrations

• Medical Malpractice
• Commercial Liability
• Products Liability
• Employment Law and Workplace Liability

Education

• J.D., West Virginia University College of Law (1993)
• B.A., Philosophy, Psychology & English, Lynchburg College, Virginia (1990)

Bar Admissions

• West Virginia
• Ohio

Court Admissions

• United States Supreme Court
• United States Court of Appeals for the Fourth Circuit
• United States District Court for the Northern District of West Virginia
• West Virginia Supreme Court of Appeals
• United States District Court for the Southern District of West Virginia
• Supreme Court of Ohio

Awards & Honors

• Listed, The Best Lawyers in America© since 2010
  • Medical Malpractice Law – Defendants (2011 – 2021)
  • 2019 – Lawyer of the Year – Morgantown, WV – Medical Malpractice Law – Defendants

Written Work

• Article, The Gift of Brevity, DRI For The Defense (June 2012)
• Article, Developing a True Blind Review: How Can Litigation Determine If A  Radiologists Failure To Identify An Abdnormality is Negligent?”, ACR Bulletin (September 2011)