In a touching courtroom moment following a $660,000 jury verdict, Jefferson County Circuit Judge Fred Bolling let young Zeriel try on his black judicial robe—a gesture symbolizing justice served for the toddler who suffered THC exposure at just nine months old.
The verdict against Baby Duck Academy in Birmingham represents both punitive and compensatory damages after a four-day trial that exposed troubling daycare practices.
The Day Everything Changed
In June 2022, Brittany Maddox entrusted her nine-month-old daughter Zeriel to Baby Duck Academy on Old Springville Road in east Birmingham, expecting routine childcare.
Instead, what unfolded would lead to an emergency room visit, intensive care hospitalization, and a legal battle spanning over two years.
When Zeriel’s grandmother arrived for pickup, she found the infant “virtually nonresponsive.” According to the lawsuit filed by attorney Eric Guster: “Z.P.’s family was able to slightly wake her, only for Z.P. to eject black vomit, then fall back into an altered mental state.”
The terrified family rushed Zeriel to the emergency room, where doctors confirmed their worst fears—the infant’s blood contained THC (tetrahydrocannabinol), the psychoactive compound in marijuana.
The baby required intensive care admission for:
- Altered mental state
- Hypothermia
- Severe distress requiring medical observation
Medical professionals worked urgently to stabilize the infant while her family grappled with how this could have happened to their baby.
Not an Isolated Incident
Perhaps most disturbing, Guster revealed that Zeriel wasn’t alone: “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. Both victims were younger than 11 months old.”
Two separate families. Two babies under 11 months old. Same daycare. Same day. Same hospital emergency room.
The Cover-Up: Missing Videos and Refused Tests
The lawsuit alleged that Baby Duck Academy employees “failed to take appropriate action to care for Z.P. after causing her exposure to THC and gave no notice of such events to her parents or family members.” But the daycare’s response to the crisis raised even more red flags.
#1: Destroyed Evidence
Baby Duck denied having video recordings from the infant room—the very location where the exposure occurred.
Owner Sherman Collins Jr., who also serves on the Birmingham Board of Education, promised to provide video footage to the Department of Human Resources (DHR) but never delivered.
This pattern of destroyed or withheld evidence prevented investigators from determining exactly how the THC exposure occurred.
#2: Refused Cooperation
When DHR investigated:
- Daycare staff refused drug testing.
- Management failed to cooperate with investigators.
- No staff members were tested for THC use.
This lack of cooperation raised serious questions about what the daycare was trying to hide.
#3: Blame the Victims
In stark contrast, Zeriel’s family underwent extensive scrutiny:
- Parents and grandparents submitted to drug tests (all negative).
- Home inspections were conducted.
- All tests proved no drug use history in the family.
The daycare’s legal response even suggested the family failed to “mitigate damages”—essentially blaming them for their baby’s injuries.
This victim-blaming stance only strengthened the jury’s resolve to hold the daycare accountable.
Understanding THC Exposure in Children
According to the CDC, children can be exposed to THC through secondhand smoke, with studies finding strong associations between household cannabis use and detectable THC levels in children.
The health risks for infants include:
- Altered consciousness.
- Breathing difficulties.
- Temperature regulation problems.
- Potential long-term developmental impacts.
These risks underscore why THC exposure in childcare settings represents such a serious breach of trust and safety protocols.
Legal Battle and Victory
Attorney Eric Guster emphasized the clear evidence: “The evidence was clear the exposure happened while they were at Baby Duck Academy.” The daycare denied all responsibility, claiming no failure to train or supervise employees.
After four days of testimony, the jury delivered their verdict: $660,000 in combined punitive and compensatory damages. Guster called it a “loud message” about daycare accountability.
Ongoing Concerns
Baby Duck Academy remains operational on Old Springville Road. Neither the business nor its attorneys have responded to media requests for comment. Collins referred inquiries to the daycare’s legal team.
Guster believes authorities should take further action: “DHR should re-open this investigation based on the testimony during this trial.”
What Parents Should Know
This case highlights critical safety questions every parent should ask:
#1: Before Choosing a Daycare:
- Request information about staff drug testing policies.
- Ask about security camera coverage in all rooms.
- Verify incident reporting procedures.
- Check DHR inspection records.
Taking these precautionary steps can help parents make informed decisions about their childcare providers.
#2: Warning Signs to Watch For:
- Unexplained changes in your child’s behavior or alertness.
- Lack of transparency about daily activities.
- Refusal to provide video footage when incidents occur.
- Staff reluctance to cooperate with investigations.
Trust your instincts—if something seems wrong, don’t hesitate to investigate further or remove your child from the situation.
The Broader Impact
This verdict sends a clear message to childcare facilities across Alabama: parents trust you with their most precious possessions, and violations of that trust carry serious legal consequences.
The case also raises questions about:
- Mandatory drug testing for daycare employees.
- Video surveillance requirements in infant care areas.
- DHR’s investigation protocols.
- Accountability for facilities that refuse to cooperate with authorities.
These systemic issues require attention from both regulators and lawmakers to prevent future incidents.
Moving Forward
While the financial verdict provides some measure of justice, no amount can erase the trauma of finding your baby unresponsive due to preventable negligence.
The case underscores the critical importance of:
- Rigorous daycare oversight.
- Transparent investigation procedures.
- Swift action when children’s safety is compromised.
- Parents’ rights to answers when injuries occur.
Only through systemic improvements and accountability can we ensure such incidents don’t repeat.
For the two families whose babies ended up in the emergency room that June day, this verdict validates their fight for accountability. For Baby Duck Academy, which continues operating, the jury’s decision serves as a $660,000 reminder that childcare facilities must prioritize safety above all else.
Is your child safe at daycare? If you suspect negligence or have concerns about your child’s treatment at a childcare facility, document everything and seek legal counsel immediately.
Can't find what you're looking for? Search our site below.
