A Jefferson County jury has awarded $660,000 in compensatory and punitive damages against Baby Duck Academy, a Birmingham daycare, after infants were exposed to THC while in its care, according to Attorney Eric Guster.

The case centered on a nine-month-old baby who tested positive for THC in 2022. At least two children were hospitalized at the Children’s Hospital Emergency Room on the same day after their parents picked them up from the daycare.

Guster stated that during trial testimony, Baby Duck Academy’s owner, Sherman Collins, admitted he did not keep surveillance footage of the infant room. The video that could have shown what happened was deleted or allowed to be deleted. Guster said Collins and his staff also failed to cooperate with the Alabama Department of Human Resources (DHR), refused drug testing, and did not provide the video that Collins had promised to submit.

According to Guster, DHR did not conduct drug testing of the daycare staff, while the child’s mother and grandmother underwent urinalysis and follicle tests along with home inspections, all of which cleared them of drug use.

The case was heard by Judge Bowling, with proceedings lasting five days. Guster announced the verdict in a video, saying, “This sweet baby had THC in her system at nine months old, and they tried to blame the mom and the grandmom for it. … Five days of trial got a verdict: $660,000.”

The child’s mother expressed relief after the verdict, stating: “It feels great! The long four years— almost four years— but three, it feels awesome.”

Guster emphasized that at least two children tested positive for THC after being in the daycare’s care, both of whom were hospitalized, and suggested that more could have been affected. He added that the jury’s decision sent a strong message regarding accountability in childcare facilities.

The Guster Law Firm represented the family throughout the case.

Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at sherri@yellowhammernews.com.