Kit Roberts
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 award for damages was granted to the estate of the baby girl, whose mom Chelsea Walsh had requested to work from home as she was a high risk pregnancy.
However, Walsh's employer Total Quality Logistics (TQL) initially refused to let her work remotely, and jurors in Ohio found that this decision contributed to the death of her infant daughter.
Advert
After her request was denied Walsh worked from the office, going against the advice of her doctor in doing so.
The lawsuit claims that when Walsh requested to work remotely she was told that she could either return to the office or take unpaid leave, which would result in her losing her income and health insurance.
Walsh had previously been classed as a high-risk pregnancy after undergoing a procedure to prevent her from going into labour prematurely.
In the case, it was also alleged that Walsh's husband had spoken to an HR representative at his own employer with his concerns about how his wife was being treated, and the representative had then contacted a friend, who happened to be a vice-president at TQL, to warn them.
In the conversation, the vice-president is alleged to have said: "You just saved us a lawsuit."
While TQL would go on to grant Walsh's remote working request on 24 February 2021, lawyers representing the family said that by then it was 'too late', and she went into labour the same day.
The complaint also claims that TQL used the incorrect paperwork, and as a result she was in effect placed on unpaid leave.
It alleges that Walsh was sent leave-of-absence forms instead of forms for accommodation, and then ruled that she was unable to work using her doctor's response.
At this point, Walsh was around 21 weeks pregnant, experienced complications, and had to go to hospital.
There, she gave birth to her daughter Magnolia, who was still 18 weeks away from being full term.
The lawsuit said that Magnolia 'had a heartbeat, was breathing, and exhibited fetal movement'.
After she was born, doctors placed Magnolia on her mom's chest, and she sadly died 90 minutes later.
Following the trial, jurors found that TQL refusing to allow Walsh to work from home led to Magnolia's death, assigning 90 percent of the fault to TQL.
They awarded $25 million in damages, of which TQL had to pay 90 percent, totalling $22.5 million.
Matthew C. Metzger of Wolterman Law Office was a lawyer representing the Walsh family, and 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 spokesperson for TQL told NBC News that the company disagrees with the court's 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."
UNILAD has approached Total Quality Logistics for comment.
If you have experienced a bereavement and would like to speak with someone in confidence, contact The Compassionate Friends on (877) 969-0010.