Professional Negligence Law Reporter

Donald Lacharite, a 58-year-old man with an artificial knee, developed a sore elbow before a scheduled trip to Hawaii. He consulted his primary care physician, Stephen Anderson, who diagnosed elbow bursitis and injected the elbow with a steroid. Anderson also removed some fluid from the elbow but did not send the sample to a lab for testing. While in Hawaii, Lacharite went to an ER, complaining of pain and swelling in his arm. He was diagnosed as having cellulitis and prescribed oral antibiotics.

When he returned home, he went to another physician at his primary care practice and had his elbow examined. Anderson examined Lacharite approximately two weeks later, and the two discussed the infection he experienced in Hawaii. Lacharite then transferred his care to another primary care practice.

Several months later, he was taken by ambulance to a hospital ER, where he was diagnosed as having severe sepsis, which had spread to both knees, his left elbow, and his spine. He suffered kidney failure and underwent multiple surgeries and months of rehabilitation.

Lacharite sued Anderson and his practice, alleging failure to properly diagnose and treat elbow bursitis. The defendants’ negligence had allowed the infection to spread to other areas of his body, the plaintiff claimed. Suit did not claim lost income.

The jury awarded $700,000 for the plaintiff’s pain and suffering.

Citation: Lacharite v. Anderson, No. 1885CV01093 (Mass. Super. Ct. Worcester Cty. Aug. 10, 2022).

Plaintiff counsel: AAJ member Kerry P. Choi and Julia Meyers Shinkwin, both of Boston.