.

Holli K. Archer

Portrait of Holli K. Archer

Holli is a member of the Health Care Department, concentrating her practice on the defense of health care practitioners and medical providers against all manner of medical malpractice suits. Her clients include physicians, dentists, oral surgeons, podiatrists, chiropractors, cardiologists, and their practice groups. Her experience also includes representing hospitals in cases involving complex issues of medical malpractice, in addition to slip and fall suits.

Holli handles licensure matters before State Boards of Medicine, Dentistry, and Nursing. In addition, she has argued numerous pleadings and motions on behalf of her clients.

While attending law school at Loyola University New Orleans School of Law, Holli held various leadership positions for the Association of Women Law Students, including social chair and vice president. Prior to joining Marshall Dennehey, Holli worked for a regional defense litigation law firm where she was selected to serve as a member of the Committee for Diversity and Inclusion. 

    • Loyola University New Orleans School of Law (J.D., 2016)
    • University of Scranton (B.A., cum laude, 2013)
    • Pennsylvania, 2016
    • U.S. District Court Eastern District of Pennsylvania, 2021
    • U.S. District Court Middle District of Pennsylvania, 2021
    • The Best Lawyers: Ones to Watch©, Medical Malpractice Law - Defendants; Professional Malpractice Law (2026)
    • The Best Lawyers: Ones to Watch©, Health Care Law (2024-2026)
    • Pennsylvania Super Lawyers Rising Star (2024-2026)
    • Luzerne County Bar Association
    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • Second chaired a trial where a defense verdict was obtained in the Eastern District of Pennsylvania on behalf of a podiatrist. The plaintiff filed a medical malpractice action claiming that the podiatrist removed too much bone from the plaintiff’s right fifth toe during an arthroplasty procedure. The jury trial lasted three days and the jury returned a verdict in approximately two hours.
    • Secured dismissals for multiple dentists and their practice groups in malpractice cases brought by plaintiffs in Magisterial Court.
    • Successfully defended doctors, dentists, and nurses in Board licensure matters, where State Boards have found there was no cause to proceed with formal actions against her clients.
    • Cross Examination and Settlement Tactics, Marshall Dennehey CLE Program, February 5, 2024
    • “General Admissibility of Relevant Evidence,” “Character Evidence; Other Crimes, Wrongs, or Acts,” and “Methods of Proving Character,” Ohlbaum on the Pennsylvania Rules of Evidence, 2024, Contributing Author
    • “Federal Court Cautions Lawyers on Pleading Affirmative Defenses,” Defense Digest, Vol. 27, No. 4, September 2021
    • “Advanced Directives and Incapacity: When Should a Person's Wishes Be Overridden?,” Burns White Insights, October 2019

Thought Leadership

Legal Updates for Health Care Liability

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a Medical Malpractice Case

August 5, 2025

Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients.   Background The plaintiffs, Saramari Somerlot and Ryan Dufresne, brought this medical malpractice lawsuit (Somerlot v. Jung, M.D., J-A16016-25, PA Super 166 (Kunselman, J.)) against multiple medical providers in Philadelphia County, arising from alleged injuries sustained by Ms. Somerlot as a result of an unsuccessful surgical procedure. The plaintiff Somerlot signed a pre-surgery consent contract, which contained a venue-selection clause, stating that any legal claims, including a claim for medical malpractice, could be brought only in the Bucks County, where Ms. Somerlot underwent the surgery.  The defendants, Soon Jung, M.D. and S.E. PA Pain Management and Pain Management Centers of America, LLC, preliminarily objected to venue in Philadelphia County pursuant to the venue-selection agreement. The trial court sustained the defendants’ preliminary objections. The plaintiffs appealed the trial court’s order sustaining the defendants’ preliminary objections and transferring the case to Bucks County from Philadelphia County. The Superior Court held that the pre-surgery contract, containing the venue-selection clause, was valid and enforceable. Specifically, the venue-selection clause stated: NOTICE: Any legal claims or civil actions, including, but not limited to, a claim for medical malpractice in any way related to this admission/procedure, and medical services provided by [Pain Management] or its employees, shall be brought solely in the Courts of Bucks County, in the Commonwealth of Pennsylvania. The plaintiffs argued that one of the defendants, Boston Scientific Corporation, had previously stipulated with the plaintiffs that venue was proper in Philadelphia because it regularly conducted business there. Therefore, the plaintiffs asserted that pursuant to Pa. R.Civ.P. 1006(c)1, venue was proper as to all defendants and the plaintiffs were, therefore, excused from their contractual obligations because of the procedural rules of venue. The Superior Court ruled that the venue-selection clause supersedes Rule 1006(c). While the Superior Court agreed that Philadelphia County is, in fact, a proper venue for the case to be litigated, it noted that the Rule does not require that the case be litigated there, especially when a plaintiff has contracted to litigate in a different, but also proper, venue. The Superior Court found that Bucks County was also a proper venue in which to litigate against all defendants because that is where the surgery in question was performed and where the cause of action purportedly arose. As such, the Superior Court rejected the plaintiffs’ argument that the plaintiffs may breach their contract containing the venue-selection agreement because of Rule 1006(c).  The Superior Court also rejected the plaintiffs’ argument that the pre-surgery contract was unconscionable. The court found that the language contained in the venue selection-clause was clear and unambiguous.  Key Takeaways This is an important decision for individual health care providers, practice groups and hospitals, especially in the wake of the elimination of the medical malpractice venue-carve out rule, which had provided that “a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in a county in which the cause of action arose.” Pa. R.Civ.P. 1006(a.1) (emphasis added). Now, a medical malpractice suit may be filed in any county where a defendant could be served, where the cause of action arose or where the corporate defendant regularly conducts business. See Pa. R.C.P. 1006(a).  Therefore, the takeaway from this seminal opinion is that health care professionals, practice groups and hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients. That means the providers may be able to avoid venues that are perceived to be “plaintiff-friendly” and curtail forum shopping on behalf of plaintiffs. The ultimate takeaway: have a clear, unambiguous venue agreement signed by your patients mirroring the language used by Dr. Jung and Pain Management in their pre-surgery contract.  _______________________ 1 Pa. R.C.P. 1006(c) states that an action to enforce a joint or joint and several liability against two or more defendants, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants.    Legal Updates for Health Care Liability - August 5, 2025, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved.

Case Law Alerts

PA Superior Court holds that expert testimony is needed to prosecute claim of medical negligence.

January 3, 2022

The plaintiff brought claim for medical malpractice, among several other claims, against Dr. Schmalenberger and West Shore Anesthesia Associates. After the plaintiff underwent hip replacement surgery and when she awoke from the surgery, she had looked at her phone to find that someone had sent her a photo of herself, taken before her surgery, of her in her hospital bed. She later found out this photo was sent by Dr. Schmalenberger, who was assisting with her surgery. The plaintiff claims that Dr. Schmalenberger breached the standard of care owed to her. She did not file a certificate of merit, but rather a certificate stating that expert testimony of a licensed professional is not needed to prosecute her claim. She claimed injuries as a result of receiving the photo and had an extensive medical history for which she was previously treated for depression. The defendants filed a motion for summary judgment as to plaintiff’s medical negligence claim and all other claims, arguing that multiple federal courts have held that HIPAA does not create a private cause of action, which was granted by the trial court. On appeal, the plaintiff argued that Dr. Schmalenberger’s conduct “‘was so far outside the standard of care that her testimony would be sufficient to establish each and every element of negligence,’” and that her own testimony could establish a causal link between the picture sent to her and the emotional injuries she suffered, and continues to suffer, as a result of the doctor’s action or inaction. The court stated that “in all but the most self-evident medical malpractice actions, the plaintiff must provide a medical expert who will testify as to elements of duty, breach and causation,” except for in circumstances when the negligence is so obvious that a lay person could recognize negligence just as well as an expert. In these circumstances, the doctrine of res ipsa loquitur “allows a fact-finder to infer from the circumstances surrounding the injury that the harm suffered was caused by the negligence of the defendant.” The plaintiff argued that res ipsa loquitur precluded the need for expert testimony. The Superior Court disagreed, stating that a lay juror would not be able to determine that Dr. Schmalenberger’s conduct established negligence without expert opinion. Further, the court stated that the plaintiff’s damages, including physical pain, distress and emotional damages, accompanying an extensive medical history, required that an expert testify to the cause of each of her diagnoses.  While a non-precedential decision, this case highlights the continuing need for a plaintiff to bring forth expert testimony in pursuing a medical malpractice claim, even in unconventional scenarios such as in Schweigart. Thus, defense attorneys can prevail in having claims dismissed against their clients for a plaintiff’s failure to supply expert testimony when bringing a claim for medical negligence.      Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.