Wrongful Death Lawsuit in Texas to Proceed Through Arbitration

In a case that is expected to garner attention from both labor advocates and legal professionals, Elizabeth Martinez Silva and her husband have filed a lawsuit against BFS Group LLC and Builders FirstSource, Inc., alleging that the companies disregarded her doctor's medical restrictions during her pregnancy, resulting in a labor-induced miscarriage.

The case, BFS GROUP LLC v. DE LEON (2025), involves a wrongful death claim of an unborn child, Gustavo De Leon, who was pronounced dead following the alleged violations. Martinez began working for Builders FirstSource in November 2020 and, in 2023, became pregnant with Gustavo. Her doctor restricted her from lifting, pushing, pulling, or carrying more than 25 pounds.

However, in January 2024, Martinez alleges she was forced to perform tasks that violated these restrictions while serving as an assembly line leader. These tasks, according to the lawsuit, led to a miscarriage.

The Texas court of appeals has overturned a lower court decision, ruling that the case must be reconsidered under an existing arbitration agreement. The appellate court's opinion reaffirms that wrongful death claims brought by family members are bound by the same arbitration terms signed by the employee.

Martinez had signed an arbitration agreement that covered various legal claims, including wrongful death and survival claims. The Texas 14th District Court of Appeals found that there was no evidence that Martinez was personally responsible for transporting goods, thus she was not exempt from arbitration under the Federal Arbitration Act (FAA).

The transportation worker exemption is interpreted narrowly by courts, applying only to those directly engaged in moving goods across state lines. Therefore, the lower court is directed to consider the arbitration agreement rather than the transportation worker exemption.

The BFS Group LLC was represented by the law firm representing the plaintiff in the case BFS Group LLC v. De Leon regarding the wrongful death of an unborn child in Texas. The appellate ruling makes clear that arbitration agreements remain a powerful tool for employers in Texas and beyond.

The case touches on employer liability, worker rights during pregnancy, and the enforceability of arbitration clauses in complex wrongful death claims. As the case progresses, it is likely to set a precedent for similar cases in the future.