Submitted by Fox First at Ten on September 28th
SPOKANE, Wash. - Nearly three years since the tragic death of Valley Christian High School football player Drew Swank, his parents have filed a lawsuit against the school and a private doctor.
Swank died in 2009, one week after suffering a concussion during a football game that doctors later say had not fully healed.
The suit claims after the hit, Swank was not examined by school officials and coaches, but instead by a private doctor who diagnosed Swank with a concussion and placed him on no practice, no play restrictions.
One week later the restrictions were lifted, through an employee of Dr. Burns over the phone, without a follow up exam according to the suit.
it was a game the next day when swank was apparently showing symptoms of a concussion, only after that he was hit "violently" again.
The suit claims, his coach, Jim Puryear grabbed Swank by the facemask and shook his head in anger.
Moments later Swank collapsed and was rushed to a hospital where he died four days later.
The lawsuit filed in Spokane County court does not seek any money, but broadly states Drew Swank's family is seeking, "damages for pain, suffering, medical expenses and loss of future earnings."
The law cited in the suit, the Zackery Lystedt law states, "A player must have written medical clearance prior to returning to play," which is something the suit claims, Swank didn't have.
We did reach out to attorneys on both sides, but they were unwilling to comment because the case is in preliminary stages.
A manager with Dr. Burns' office did not return our messages.
