Miami, Florida Personal Injury Lawsuit for Toe Surgery Against Winn Dixie for Negligently Stacking Display

Our client, a 59 year old wife and mother, was injured due to the negligence of Winn Dixie, whose improper stacking of a wine display allowed a wine jug to fall on her toe and fracture it. (The pictures of the display may be added here soon.)  An employee of Winn Dixie gave her ice at the accident scene and 911 was called. AMR transported her to Kendall Regional Hospital where x-rays were taken of her foot. Her pain level was a 9 and the impression of exams on her left foot was a fracture of the proximal phalanx (bone in the toe closing to the foot) of the left fifth toe. diagnoses were a left foot contusion and a 5^th toe fracture. Kendall Regional Medical Center advised her to follow up with Jaime Carbonell, DPM.

03/05/07 - Dr. Carbonell examined her and noted that she had redness, swelling and pain. She came to his office with a buddy splint in a postoperative shoe on crutches. Dr. Carbonell took x-rays at noted that she has a possible hairline fracture of the PIPJ. He recommended buddy splinting and that she continue using a postoperative shoe for about 2 weeks. On 03/26/07, she returned with pain and tenderness of the fifth digit on the left foot. Dr. Carbonell injected 0.2 ml of Celestone Soluspan into the left MPJ metatarsophalangeal. She has acute capsilitis. Dr. Carbonell says the she probably has a hairline fracture as well, but the patient has severe pain and inflammation so an injection was necessary.

04/9/07 - Dr. Carbonell's progress notes indicated that her chief complaint was capsulitis. She also has tenosynovitis. Dr. Carbonell injected Celestone Soluspan into both areas. Dr. Carbonell noted that if she does not improve she will need therapy and if she does not improve after therapy she will need a tailor's bunionectomy and fifth toe arthroplasty on digit #5 on the left.

04/23/07 - Dr. Carbonell noted she still has pain and tenderness in the fifth MPJ on the left and the PIP digit on the left. She elected to have an arthroplasty of digit #5 on the Left and tailor's bunionectomy on the left. She was explained the possible complications of all procedures. 

On June 21, 2007, she went to Jackson Memorial Hospital with a chief complaint of toe pain.  Her secondary diagnosis was left tailor's bunionectomy.  She had the left tailor's bunionectomy and left fifth digit arthroplasty. Click here to read the operative report. 

06/27/07 - She came to Dr. Carbonell's office postoperative.

07/09/07 - Dr. Carbonell removed her sutures and gave her a prescription for nabumetone.

08/07/07 - Dr. Carbonell stated that she could start wearing wide sneakers.

10/03/07 - Dr. Carbonell noted that she has capsulitis of the fifth digit. He injected .3 ml Celsestone Soluspan into the fifth digit. She also has acute capsulitis of the fifth MPJ. An injection was also given into the fifth MPJ. X-rays were taken.

A. Medical Expenses

PROVIDER DATE BILLED

AMR 03/01/07 $ 345.00

Kendall Reg Medical Ctr 03/01/07 $3,222.00

ER Physicians 03/01/07 $486.00

Dadeland Podiatry Associates 03/05/07 - Present $
Jackson Memorial Hospital South 06/21/07 $

TOTAL MEDICAL BILLS TO DATE: $

Obviously, the above-listed expenses do not include charges for her future care. She has an appointment to see Dr. Carbonell on January 7, 2008 for continued pain.

The insurance adjuster for Sedgwick Claims (Winn Dixie) has made the argument that our client bunionectomy was unrelated to the accident. Thus we filed a lawsuit in Miami Dade County Florida and we may have to let a jury decide. We are asking that Winn Dixie offer at least $74,500 to resolve this personal injury claim.