Jury Awards $660,000 After Infant Exposed to THC at Alabama Daycare

The verdict, delivered after a four-day trial, included both punitive and compensatory damages. The child’s mother, Brittany Maddox, alleged in her lawsuit that her daughter, Zeriel, was left “virtually nonresponsive” after exposure at the center in June 2022. The daycare remains in operation on Old Springville Road.

According to the complaint, the infant displayed symptoms including hypothermia, mental anguish, and an altered mental state. When her grandmother arrived to pick her up, Zeriel vomited a dark substance and quickly returned to a state of unresponsiveness. She was rushed to the hospital, where doctors confirmed THC in her system and placed her in intensive care.

Attorney Eric Guster, who represented the family, said the incident wasn’t isolated. “These two infants were at Children’s Hospital Emergency Room the same day at the same time, after parents picked them up from Baby Duck Academy,” he told AL.com. Both children were under 11 months old.

The lawsuit accused the daycare of failing to notify parents, failing to provide proper care after exposure, and refusing to cooperate with investigators. Guster said Baby Duck staff did not submit to drug testing, did not provide surveillance footage to the Department of Human Resources as promised, and refused to work with officials to uncover the circumstances of the incident.

Baby Duck Academy denied responsibility in its legal response, arguing it had properly trained staff and suggesting the family had failed to mitigate damages. The business is tied to Birmingham Board of Education member Sherman Collins Jr., who referred all questions to the daycare’s attorneys.

The jury ultimately sided with the family, with Guster saying the award “sent a loud message” about accountability and the dangers of exposing children to THC.