Legna, a 27 year old who worked for the Red Sox food vender, Aramark, serving food at Fenway Park, was injured in a car accident in the fall of 2006. Late one evening, following a Red Sox Game, Legna was getting a ride to his home in Revere. When the vehicle was at the intersection of Beacon and Arundel streets, in Boston, the driver, Mr. Binjo, neglected to stop and give right of way to a Mitsubishi Mirage on Beacon Street. The Mirage crashed into the side of Binjo’s Chevrolet Cavalier. The force of the Boston side impact collision caused the Cavalier to be pushed into a large concrete planter on the median of Beacon Street. The damage was severe enough that both vehicles had to be towed.

During the course of the Beacon Street collision, Legna’s hand slammed against the dashboard with considerable force. Legna, who lived with his fiancée and her three children, did not think his injuries necessitated medical attention. Thus, he went home and iced his wrist. He toughed it out for a full week. Finally, when he could bear the pain no longer, he want to the Boston Medical Center Emergency Room.

A physician in the ER examined Legna and x-rays were ordered. Unfortunately, it was determined that Legna suffered a scaphoid fracture. Legna was sent to the BMC Hand Clinic and examined by a board certified orthopedic surgeon, Andrew Stein, M.D. Dr. Stein determined that Legna suffered an “interosseous ganglion that he fractured as a result of the recent trauma” of the motor vehicle collision.

Even more unfortunately, Dr. Stein recommended immediate surgery to repair the wrist. A few weeks later, Legna submitted to an open reduction internal fixation of his right scaphoid. An Acutrak screw was inserted into Legna’s scaphoid bone and he was fitted with a volar splint. He was sent home that day, however, he was unable to undertake most of his daily activities, including work or attending to household chores.

Several weeks later, on November 28, he returned to the BMC for evaluation and suture removal. He was doing adequately so he was reduced to a smaller cast; however, he was instructed to refrain from any and all activity with his right, major, arm. Legna suffered regular throbbing pain and worked hard to keep medicine to a minimum: “it made me too tired to take care of the kids,” he noted.

Legna spent the entire 2007 Red Sox season working reduced shifts and with limited mobility due to his painful wrist.

Unfortunately, notwithstanding varying the casts, time, and proper care, the result of the surgery was excruciating pain. A CT scan determined that he suffered avascular necrosis at the proximal pole. Thus, 13 months after the collision, Legna presented again to Dr. Stein for further surgical repair. This time, the procedure was more complicated: the incision site was reopened, the screw was removed and the site closed up. Then an incision was made in Legna’s leg and a bone was harvested. Next an adjacent wrist sight was cut and k-wires were inserted to “use as joy sticks” to put the leg bone into the wrist and further reduce the fracture. On November 9, 2007, a final procedure was undertaken – removal of the k-wires. At this point, Legna was to begin occupational therapy.

Following rehab, it was determined that he would suffer permanent partial loss of function to his wrist. There would always be a loss of grip strength to his dominant hand, there would always be three scars (one on his leg and two on his right wrist), and, continued pain in the wrist. Further, there is a feeling of discomfort in his leg from the location of the bone graft.

During the course of his treatment Legna and his fiancée married and had a baby. What bothered Legna the most, we asked: “Well, I couldn’t fully hug my wife or my baby.”

The Attorneys at Burns & Jain aggressive campaign against the insurance company for Binjo, they admitted his liability and the case was resolved in Massachusetts motor vehicle mediation for well into six figures.

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