Warning: This article contains discussion of baby loss which some readers may find distressing.
A jury has awarded $22.5 million in a wrongful death lawsuit over a newborn baby who died after her mother’s employer refused to let her work from home.
The damages were awarded to the estate of the baby girl. Her mother, Chelsea Walsh, had sought permission to work remotely because her pregnancy had been deemed high risk.
Walsh’s employer, Total Quality Logistics (TQL), initially declined the request. An Ohio jury later concluded that the company’s decision played a role in the death of Walsh’s infant daughter.
After being turned down, Walsh continued working in the office despite medical guidance advising against it.
According to the lawsuit, when Walsh asked to work from home she was told she could return to the office or take unpaid leave—an option that would have meant losing both income and health insurance.
Walsh had previously been categorized as high risk after undergoing a procedure intended to prevent premature labor.
The case also alleged that Walsh’s husband raised concerns with a human resources representative at his own workplace. The representative allegedly contacted a friend who was a vice-president at TQL to flag the situation.
In that exchange, the vice-president is alleged to have said: “You just saved us a lawsuit.”
TQL later approved Walsh’s request to work from home on 24 February 2021, but the family’s attorneys said the approval came too late. Walsh reportedly went into labor that same day.
The complaint further argues that the company used the wrong paperwork, which effectively placed Walsh on unpaid leave.
It claims Walsh was given leave-of-absence documents rather than accommodation forms, and that the company then interpreted her doctor’s response as meaning she could not work.
At the time, Walsh was about 21 weeks pregnant. The lawsuit says she experienced complications and required hospitalization.
While in hospital, she gave birth to her daughter, Magnolia, who was still around 18 weeks from full term.
The lawsuit said that Magnolia ‘had a heartbeat, was breathing, and exhibited fetal movement’.
After delivery, doctors placed Magnolia on her mother’s chest, where she died 90 minutes later.
After hearing the evidence, jurors determined that TQL’s refusal to allow remote work contributed to Magnolia’s death, assigning the company 90 percent of the fault.
They set damages at $25 million. With TQL responsible for 90 percent, the amount payable totaled $22.5 million.
Matthew C. Metzger of Wolterman Law Office, who represented the Walsh family, said after the verdict: “The evidence showed that Chelsea Walsh was following her doctors’ instructions for a high-risk pregnancy and simply asked to work from home.
“The jury found that TQL’s denial of that reasonable request led to the death of her daughter.”
Metzger added: “This is a heartbreaking outcome for a young family.”
A TQL spokesperson told NBC News the company disagreed with the verdict.
“We extend our condolences to the Walsh family,” said TQL spokesperson Julia Daugherty. “We disagree with the verdict and the way the facts were characterized at trial.”
She added: “We are evaluating legal options and remain committed to supporting the health and well-being of our employees.”
If you have experienced a bereavement and would like to speak with someone in confidence, contact The Compassionate Friends on (877) 969-0010.