Woman gets $22M after baby dies because employer refused bed rest order

An Ohio woman was awarded $22.5M after her employer forced her to come back to work while pregnant and on a doctor's bed rest order, causing her to go into premature labor. Her baby died as a result.

Key Takeaways:

• Chelsea Walsh experienced pregnancy complications and had to undergo a procedure meant to maintain the pregnancy.

• She was placed on bed rest by her doctors, and requested that her employer allow her to work from home.

• The request was denied, and she was told she had to go back to work in person, risking her baby's life. Otherwise, her job was at risk, which would have meant losing the salary and health insurance she needed to care for herself and her child.

• A few days after returning to work, Walsh went into premature labor. She was not yet five months pregnant.

• Baby Magnolia died in Walsh's arms less than two hours after being born.

• A jury found her employer, Total Quality Logistics (TQL), liable and awarded Walsh $22.5 million.

The Backstory:

According to a press release, Walsh was experiencing a high-risk pregnancy in February of 2021, and had to undergo a procedure to help her to avoid premature delivery. Media reports have stated that Walsh had "a cervical surgery aimed at preventing her from going into labor early." This likely refers to a cerclage.

A cervical cerclage is performed during pregnancy to prevent premature birth, often due to a weakened cervix. During a cerclage, the cervix is stitched tightly shut, and doctors often recommend refraining from sex, heavy lifting, or strenuous exercise afterwards to ensure the stitches remain intact.

In Walsh's case, doctors advised her to work from home, remain on modified bed rest, and limit her activity in order to prevent preterm labor. TQL, however, refused her request to work from home, despite having orders from two doctors saying she needed to be on bed rest.

Despite TQL having allowed employees to work from home when they had COVID, she was told she had to come into work.

“TQL presented Walsh with an impossible choice — work at the office and put additional strain on her child, or take an unpaid leave of absence and lose the income and health insurance she needed," her lawsuit said.

The Details:

On February 22, 2021, Walsh returned to the office, though she continued to face retaliation from TQL, and was even placed on unpaid leave. Her request to work from home was eventually granted, but by then, it was "too late."

Walsh went into premature labor on February 24, at 20 weeks and six days pregnant, and her daughter, Magnolia, was born. She lived for an hour and a half before dying in Walsh's arms. Chelsea's husband, Jacob, and her mother were able to hold Magnolia before she died.

The Walsh family sued and was awarded $22.5 million by a jury.

"We extend our condolences to the Walsh family," TQL spokeswoman Julia Daugherty said in a statement. "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."

Matthew C Metzger, an attorney for Walsh’s family, said in a statement that the verdict came only after TQL passed up “multiple opportunities to resolve this … for far, far less."

“We wish those opportunities had been taken seriously," he said.

TQL is likely to appeal the ruling.

Chelsea and Jacob are currently not planning to conceive again.

The Bottom Line:

“This is a heartbreaking outcome for a young family,” Matthew C. Metzger, co-counsel for the Walsh family, said. “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.”