TRIGGER WARNING: This post contains information about infant loss, which may be triggering to some.
Even though there are so many joys to pregnancy, due to the utter excitement that often comes along with finally meeting your baby, there are also a lot of stress factors. Tragically, when those stressors become too much and the proper supports aren’t put in place, it can result in an unthinkable loss. An Ohio-based company must pay $22.5 million after being found liable for a newborn’s death after the mother requested to work from home and her request was initially denied by her employer.
A mom was awarded $22.5 million in damages from her employer after her newborn died in her arms.
According to NBC News, Total Quality Logistics, an Ohio-based company, has been ordered by a jury to pay damages to Chelsea Walsh in the amount of $22.5 million. Walsh’s newborn baby died in her arms after a work-from-home request was initially ignored.
Walsh’s lawyers said that jurors found that TQL’s refusal to allow a pregnant employee to work from home, which was ordered by her doctor, led to the death of her newborn, per WKRC.
According to a press release from the Wolterman Law Office, which acted as co-counsel for the family, Walsh “underwent a procedure related to her pregnancy and was classified as high-risk.” This changed things in terms of how she needed to work throughout her pregnancy.
Even though she needed bed rest and to work from home, her employer initially did not comply.
According to the press release, the evidence showed the jury that even though Walsh requested to work from home due to doctor’s orders, she was required to immediately return to the office following her medical procedure and complete leave paperwork against her wishes.
Her request to work from home until the start of her maternity leave was denied, per the press release. Walsh’s request was only granted after a third party intervened, but her attorneys said the approval came too late, per WKRC.
On February 24, 2021, Walsh gave birth to a daughter named Magnolia, which was the same day she was given notice that TQL had reconsidered her accommodation and allowed her to go home and continue working, NBC News reported.
According to the lawsuit, Magnolia had a heartbeat and was breathing, but she “died in Walsh’s arms approximately one hour and thirty minutes” after she was born,” per NBC News.
Of course, Walsh’s employer disagrees with the findings of the case.
According to WKRC, Walsh gave birth to Magnolia when she was just 20 weeks and six days, which is nowhere near 40 weeks.
A TQL spokesperson gave a statement obtained by WKRC that read, “We extend our condolences to the Walsh family. We disagree with the verdict and the way the facts were characterized at trial. We are evaluating legal options and remain committed to supporting the health and well-being of our employees.”
The press release from Wolterman Law Office explains that this is a “heartbreaking outcome for a young family” and “the evidence showed that Walsh was following her doctors’ instructions for a high-risk pregnancy.”
It’s such a shame that a mother was given so little choice when it came to her work and it eventually led to the death of her baby. Our thoughts are with the Walsh family as they try to move forward while no doubt thinking about Magnolia every single day.
