An Ohio-based company that initially denied a mother’s request to work from home during a high-risk pregnancy was found liable for the newborn’s death and ordered Wednesday to pay $22.5 million in damages.
According to her lawsuit, Chelsea Walsh made a request to work from home with Total Quality Logistics on February 15, 2021, four days after undergoing surgery on her cervix to prevent her from going into early labor.
Instead, the lawsuit states, “TQL presented Walsh with an impossible choice — work in an office and put additional stress on her child, or take unpaid leave and lose the income and health insurance she needed.”
Walsh returned to office on February 22, 2021.
According to Walsh’s lawsuit, she gave birth to a daughter, Magnolia, on the evening of February 24, 2021, the same day her manager at TQL told her the company had “reconsidered its decision to deny her requested accommodation” and allowed her to go home and continue working.
“Magnolia had a heartbeat, was breathing and exhibited fetal movements,” the lawsuit states. “Magnolia was placed on Walsh’s chest so that Walsh could hold her. Magnolia died in Walsh’s arms approximately one hour and thirty minutes later.”
Walsh was four to five months pregnant when she gave birth, the suit says.
The jury returned a verdict in the wrongful death case.
“This is a heartbreaking outcome for a young family,” said one of Walsh’s lawyers. Matthew C. of Wolterman Law Offices in Loveland, Ohio. “Evidence showed that Chelsea Walsh was following her doctor’s orders for a high-risk pregnancy and was asked to work from home.”
“The jury found that TQL’s denial of that reasonable request led to her daughter’s death,” he said.
TQL spokeswoman Julia Daugherty offered her condolences to the Walsh family, but said the company disagreed with the verdict “and the facts were presented at trial.”
“We are evaluating legal options and are committed to supporting the health and well-being of our employees,” Daugherty said.
Meanwhile, Walsh’s husband, Joel Walsh, spoke about his wife’s plight with his company’s human resources manager, who is friends with a top executive at TQL, the suit says.
That manager, who was not named in the lawsuit, notified TQL executives of Walsh’s situation.
“Thank you,” the TQL executive said, according to the lawsuit. “You saved our lawsuit.”
Late on February 23 or early on February 24, TQL received a call from a third party regarding Walsh’s pregnancy and TQL’s unreasonable refusal to work from home. 34. Jacob Walsh, husband of Chelsea Walsh and father of Magnolia Walsh, was discussing his wife’s work situation with the human resources manager at his employer. That manager believed TQL’s decision to deny Walsh permission to work remotely was wrong. He was socially acquainted with TQL’s vice president of sales, Gary Carr. He called Carr and felt that TQL had made a substantial error by denying Walsh permission to work remotely and that he should have known. According to the report, Carr responded: “Thank you. You saved us a lawsuit.” 35. On the morning of February 24, one of Walsh’s managers, Chelsea Stacey, contacted Walsh and told her that TQL had reconsidered its decision to deny her requested accommodation and that, going forward, TQL would permit her to work from home.
