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Newborn dies after mother's WFH request denied, now company must pay $22.5 million
A firm has been ordered to pay $22.5m to a woman who was denied permission to work from home during pregnancy, which resulted in the death of her newborn.
An Ohio company has been ordered to pay $22.5m in damages to a woman who was denied permission to work from home during a complicated pregnancy, which in turn resulted in the death of her newborn baby.
Chelsea Walsh was an employee of Total Quality Logistics (TQL) in February 2021, when the events pertaining to the case unfolded. Walsh had to undergo a medical procedure during a high-risk pregnancy, after which she requested permission to work from home, as ordered by her doctor.
Total Quality Logistics denied her request, according to a WKRC report.
WFH request denied
According to the lawsuit reviewed by People magazine, Walsh requested permission to work remotely on February 15, 2021. Her doctor had ordered her to limit activity, remain on modified bed rest, and work from home.
(Also read: Indian-origin founder reflects on losing 'best employee' after rejecting WFH request: 'I said no because...')
However, her employer told her that she must continue to show up and work from the office, or take unpaid leave and lose her income and health insurance. According to a press release from Wolterman Law Office, co-counsel for the family, “she was required to complete leave paperwork, return to the office immediately following the procedure, and was later placed on leave against her wishes. Her request to work from home through the start of her maternity leave was denied.”
Walsh resumed working from the office on February 22. She spent three days working from the office, against her doctor’s orders, before going into labour on the evening of February 24.
Death of the newborn
On February 24, Walsh gave birth to a baby girl who died a few hours later. Her company granted her WFH request a few hours before she went into labour.
According to her lawsuit, the baby, named Magnolia, “had a heartbeat, was breathing, and exhibited fetal movement” after birth. She died approximately one hour and 30 minutes later, according to the lawsuit. She was born more than 18 weeks premature.
The wrongful death lawsuit was subsequently brought against TQL by the estate of Magnolia Walsh. It alleged that the company’s refusal to grant remote work permission led to the newborn’s death.
Jury awards $22.5 million
A jury in Hamilton County, Ohio found TQL liable in Magnolia's death. “This is a heartbreaking outcome for a young family,” said Matthew C. Metzger of Wolterman Law Office. “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.”
The jury initially awarded $25 million in damages to the estate of Magnolia Walsh. It then assigned 90 percent of the fault to TQL, resulting in a $22.5 million judgment.
(Also read: Pregnant public sector banker alleges toxic workplace harassment by manager: ‘First trimester was tough’)
