According to the report, Swank was hit in the head during a game on Sept. 18, 2009 and visited a doctor the following Monday. The doctors ordered Swank not to practice or play, but lifted the restrictions by the next Thursday when Swank said his headaches had gone away. He had not undergone a follow-up examination.
Swank played in Valley Christian's next game, even as he displayed signs of having a head injury. He took a hit from another player, collapsed on the field and died four days later.
Swank's family claims the school failed to protect Swank under the Zackery Lystedt Law - a law meant to protect athletes from concussions. The law took effect just two months before Swank's death.