A Hamilton County jury ordered Cincinnati-based Total Quality Logistics to pay $22.5 million (£16.9 million) after finding the freight brokerage largely responsible for the death of a former employee's newborn daughter, according to a press release from the family's attorneys issued on 18 March.
Jurors found that TQL's refusal to let Chelsea Walsh work from home during a high-risk pregnancy led to the premature birth and death of her daughter, Magnolia Walsh. The jury awarded $25 million (£18.8 million) in total damages and assigned 90 per cent of the fault to TQL, producing the $22.5 million verdict against the company.
Walsh underwent a procedure in early February 2021 to prevent premature labour and was classified as high-risk. Her physicians instructed her to limit activity, remain on modified bed rest and work from home.
TQL declined her request to work remotely. Instead, Walsh was told to return to the office immediately after the procedure and given paperwork for an unpaid leave of absence, the press release stated. She was later placed on leave against her wishes.
Lawsuit Details TQL's Handling of Walsh's Request
Court filings reviewed by WCPO show Walsh submitted a doctor's note requesting the accommodation. Her manager rejected it, stating the letter lacked an end date and a medical reason for the request.
Walsh provided a second, more explicit letter from her physician that same day. Her manager forwarded it to human resources with the message: 'Did you want to take it from here? I am guessing we are not approving her working from home for this long.'
TQL did not request clarification or follow up with Walsh on the matter, according to the lawsuit. The company gave her two options - continue working in the office against her doctor's advice, or take unpaid leave and lose both her income and health insurance. Walsh continued going into the office.
TQL Reversed Course on Same Day Walsh Was Hospitalised
On 24 February 2021, TQL told Walsh she could work from home. The reversal came only after her husband contacted a company vice president he knew socially, according to the lawsuit. The VP responded: 'Thank you. You just saved us a lawsuit.'
That same day, Walsh was admitted to Bethesda North Hospital with complications. She gave birth to Magnolia at 20 weeks and six days of gestation. The baby had a heartbeat and fetal movement at delivery but died approximately 90 minutes later in Walsh's arms, the lawsuit stated.
The lawsuit noted TQL had permitted employees to work from home during the COVID-19 pandemic in 2020. At least one employee in Walsh's department continued working remotely after the company's return-to-office policy took effect.
Attorneys and TQL Respond to $22.5M Verdict
'The evidence showed that Chelsea Walsh was following her doctors' instructions for a high-risk pregnancy and simply asked to work from home,' said Matthew C. Metzger of Wolterman Law Office, co-counsel for the Walsh family. 'The jury found that TQL's denial of that reasonable request led to the death of her daughter.'
Co-counsel Brian Butler of The Butler Trial Firm said TQL had 'multiple opportunities to resolve this case for far, far less than the verdict' but 'gave them no choice' other than trial.
TQL spokesperson Julia Daugherty said in a statement that the company extends condolences to the Walsh family but disputes the outcome.
'We disagree with the verdict and the way the facts were characterised at trial. We are evaluating legal options and remain committed to supporting the health and well-being of our employees,' Daugherty said.
The case is Andrew Larkin, Esq., Administrator of the Estate of Magnolia Walsh v. Total Quality Logistics, LLC, et al., Case No. A2300752, Hamilton County Court of Common Pleas.
