An Ohio jury recently awarded $22.5 million to the estate of a newborn baby following a case where the mother’s request to work from home was denied. The jurors determined that this refusal played a significant role in the baby’s death.
This situation involves Chelsea Walsh, who worked as a claims representative at Total Quality Logistics in Cincinnati. Walsh had requested to work remotely due to a high-risk pregnancy after undergoing a medical procedure, but her request was turned down by the company.
Walsh mentioned that she was advised by her doctor to avoid the office and still ended up spending three days there, which was not ideal—considering the risks. This occurred just before she was set to give birth on February 24, 2021.
Interestingly, TQL eventually changed its policy regarding remote work after third-party intervention, but that was only hours before her labor began, as outlined in court documents.
It appears that Walsh initially asked to work from home nine days earlier. Instead, she was confronted with a choice: return to the office or take unpaid leave, risking her income and health insurance. The complaint suggests that TQL mishandled her documentation, improperly putting her on unpaid leave without her consent.
Walsh alleged that the company sent her a leave form, not an accommodation form, essentially misclassifying her as completely unable to work based on the doctor’s input.
Tragically, later that day, when Walsh was 21 weeks pregnant, she faced complications and was hospitalized, leading to the birth of her daughter, Magnolia.
Documents from the lawsuit state that Magnolia had a heartbeat and was breathing, indicating some vitality. Unfortunately, she passed away about 90 minutes after being placed on her mother’s chest.
The jury concluded that TQL’s denial of Walsh’s work-from-home request was a contributing factor to the baby’s death. Her attorney noted that the damages awarded were partly based on the company’s 90% liability.
Matthew C. Metzger from the Walterman Law Firm, who represented Walsh’s family, highlighted that the evidence was clear: Walsh’s request was reasonable and prompted by her doctor due to her high-risk condition. The jury’s ruling reflected that this refusal had dire consequences.
In response to the verdict, a spokesperson for TQL expressed their sorrow for the family but stated their disagreement with the ruling and the trial’s findings. They mentioned they were exploring legal options while emphasizing their commitment to the health and well-being of their employees.
The Post has attempted to reach TQL for further comments.
