Background Case Information:
Kelly Simon, Individually, and as the personal representative of the Estate of Jordan Smith, v. Terry Swift, and Hilliard Academy.
Jordan Simon was a 17-year old senior in high school who unexpectedly died of a heart attack. He began running at a young age, and had real promise. He joined a well-known private high school, Hilliard Academy’s track team as a freshman, and quickly developed into a star sprinter. At the time of Jordan’s death, he was competing for a track scholarship to an NCAA Division I university.
The autopsy revealed Jordan’s bloodstream contained the steroid Erythropoietin (EPO). EPO is used medically to treat certain forms of anemia. Athletes use EPO to improve performance, because it increases the oxygen-carrying capacity of blood. EPO also increases the blood viscosity, which can cause the blood to clot and clog capillaries, resulting in a heart attack.
Kelly Simon, Jordan Simon’s surviving parent, has filed a lawsuit against Hilliard Academy and Terry Swift, the track coach, claiming Hilliard Academy and Terry Swift were negligent in causing Jordan’s death. Specifically, Kelly Simon claims Terry Swift and Hilliard’s athletic department encouraged Jordan to use steroids; should have known he was using steroids; and taken steps to stop his steroid use.
Terry Swift and Hilliard Academy deny Kelly Simon’s claims, and contend that Jordan Simon assumed the risk of using steroids; and Kelly Simon was comparatively negligent in not discovering Jordan was using steroids, and not taking steps to stop his steroid use.
Names of Witnesses:
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