On Sunday, March 11, 2012 (Spring Break), B.P. (then 9 years of age) was skiing at Vail Ski Resort in Eagle County, Colorado. Lee Skavanger skied into B.P. from uphill, behind, and at high speed, causing B.P. to sustain a right, mid-shaft femur fracture. Vail Ski Patrol attended B.P. at the scene and evacuated him off of the mountain to Vail Valley Medical Center where Drs. Randall Viola and Normal Waldrop III performed intramedullary nailing that same day. B.P. was discharged on March 13, 2012, and then returned to his home in San Antonio, Texas, where Dr. Jeffrey Warman, a board-certified orthopedic surgeon at Pediatric Orthopedic & Scoliosis Center of South Texas in San Antonio, Texas, assumed B.P.’s pediatric, orthopedic care.

On April 6, 2012, Dr. Warman observed from X-rays that the nailing in B.P.’s leg had an unacceptable angulation so, on April 12, 2012, Dr. Warman performed surgery to remove the original intramedullary nailing and replace it with a more rigid, intramedullary rod with screws.

On December 13, 2013, Dr. Elizabeth Magnabosco removed the rod and screws without complication, and B.P. is expected to make a 100% complete recovery.

The total billed medical expenses were $155,271.10.

On January 20, 2014, B.P.’s parents settled the case for a total of $356,000.