Total Quality Logistics (TQL) has been hit with a $22.5 million jury verdict in Ohio in a lawsuit brought by a former employee who said the giant 3PL’s treatment of her during a pregnancy led to the death of her daughter soon after birth.

After a jury trial in civil court in Hamilton County, Ohio, which includes Cincinnati, the home city of TQL, Chelsea Walsh was victorious in the lawsuit first filed in 2023. The estate of Chelsea Walsh’s deceased infant daughter Magnolia Walsh is the actual plaintiff in the case.

The jury verdict of $22.5 million was for actual and compensatory damages. A request for punitive damages was denied by Judge Christopher Wagner. 

According to a prepared statement issued by the Wolterman Law Office, which represented the estate of the infant who died, Magnolia Walsh, “the jury found that TQL’s refusal to allow its then-pregnant employee to work from home in accordance with her doctor’s orders led to the death of her daughter.”

“The evidence showed that Walsh was following her doctors’ instructions for a high-risk pregnancy and simply asked to work from home,” Wolterman attorney Matthew Metzger said in the statement. “The jury found that TQL’s denial of that reasonable request led to the death of her daughter.”

TQL could not be reached by FreightWaves for comment. But the company did provide a statement to local Queen City media after the verdict was announced Wednesday. “We extend our condolences to the Walsh family,” the statement said, according to media reports. “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.” 

While TQL’s post-verdict statement did not address any of the specifics in the case, it did provide its version of what occurred in court filings prior to the start of testimony.

According to TQL, Walsh was hired as a claims specialist at TQL soon after the New Year began in 2021. A month later, she needed emergency surgery “to save the pregnancy after leaving work earlier that day.”

According to TQL’s summary, Walsh “did not advise TQL of any doctor’s orders prior to coming back into work.” She returned to work, according to TQL, on February 15, just four days after the emergency surgery.

Leave of absence request granted

But then her doctor provided paperwork to TQL that said Walsh needed to be on a leave of absence for a week through February 19. TQL said it granted that request. 

On the end date of that period, the doctor submitted two notices that removed the no-work order (according to TQL), and recommended she be able to work from home. 

“At that time, TQL was unable to approve the accommodation, as the doctor’s notes lacked sufficient information to approve Chelsea’s work-from-home request” TQL said in one of its pre-trial filings. “Specifically, the doctor’s notes did not identify Chelsea’s physical limitations, condition, or the duration of the request, information necessary for TQL to properly evaluate the efficacy and reasonableness of the proposed accommodation.” 

TQL said it instead offered an extended leave of absence. But Walsh instead returned to work on February 22 and worked through February 24. 

According to the 3PL’s recap, she woke up that night with bleeding. Magnolia Walsh was delivered the next day, but died soon after.

But in its initial complaint that was later amended, attorneys for Walsh saw a less ambiguous situation: “(TQL’s) refusal to allow Chelsea Walsh to work from home breached its duty to Magnolia Walsh, resulting in Magnolia’s premature birth and death,” the complaint said. 

Back and forth over status

Chelsea Walsh’s complaint adds other information on the developments between her and TQL, as seen from her side. 

The initial suit said Walsh kept her supervisors–identified as Camille Gould and Chelsey Stacy–informed about her status. 

The first work-from-home request was granted, according to the initial complaint. But that was followed by leave of absence paperwork sent from the company to Walsh, a status that would not permit her to work. 

The complaint then spells out a series of developments during which Walsh worked some days while the two sides were in conflict over the question of leave of absence (which Walsh did not desire in part because it would be unpaid) versus work from home (which TQL did not want, preferring leave of absence status instead) versus working in the office (which Walsh felt she was physically unable to perform).

Walsh spelled out her issues with being in the office. That status would entail “(riding) in a car to the office (either her husband or mother drove her), enter the building and take an elevator to her floor, sit upright in her desk for a full shift, walk relatively long distances to the bathroom or kitchen, and then go home. In total, Walsh had to spend approximately 9 hours either sitting or walking around. When at home, Walsh remained on modified bed rest.”

‘Impossible choice’

The issue was summed up in the complaint: “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 to ensure that she and her child had appropriate medical care.”

On February 24 after the back-and-forth on her status, according to the complaint, Walsh was told she could work from home. But that evening was when her medical issues began, ending with the birth of her daughter Magnolia who died just 90 minutes later. 

Walsh returned to work soon after.  The lawsuit then recaps relations between her and her superiors that grew increasingly tense and negative, resulting in Walsh leaving the company. 

“Walsh was incredibly put off by the insinuation that she was suddenly not meeting

the company’s expectations and said that she was in the office on Monday, just days after

Magnolia died and she had surgery to remove the placenta,” the complaint said. “She also felt very concerned that TQL was pressuring her to not pursue the denial of her accommodation request any further at the risk of losing her job, her income, and her health insurance. She ultimately felt compelled to leave her employment.”

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