Jonathan Schochor and Kerry Staton are Maryland Erb’s palsy lawyers who have dedicated over 35 years to protecting children across Baltimore City, Prince George’s County, and beyond. Their attorneys have achieved record-setting verdicts and settlements for birth-injury clients by combining meticulous investigation with heartfelt advocacy.
If you suspect that your child’s brachial-plexus injury could have been prevented, call (410) 234-1000 now for a free consultation.
What Is Erb’s Palsy?
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes an infant’s shoulder and arm.
The condition, Erb-Duchenne palsy, appears in roughly 1 – 2 of every 1,000 U.S. births and often announces itself with an arm hanging limply, a weak grasp, or limited shoulder movement.
Because those nerves power critical muscle groups, even mild damage may require months of physical therapy. Severe tears may need surgery and can cause lifelong disability.
Why Does Erb’s Palsy Happen, and Could Doctors Have Prevented It?
Erb’s palsy almost always results from excessive stretching of a newborn’s neck or shoulder during delivery.
- Shoulder dystocia – baby’s shoulder lodges behind the pelvic bone and the provider applies too much force.
- Breech or face-first births – awkward extraction angles strain nerves.
- Fetal macrosomia – large babies become stuck in the birth canal.
- Improper forceps or vacuum use – traction exceeds safe limits.
- Prolonged or stalled labor – tired staff hurry and pull.
Experienced obstetricians are trained to perform McRoberts maneuvers, order timely cesarean sections, and summon extra help rather than pull forcefully. When these steps are skipped, Maryland medical malpractice law calls that negligence.
Risk Factors Maryland Doctors Must Recognize
Obstetric teams in Baltimore, Annapolis, and across the state know certain red flags demand extra caution.
- Birth weight above 8 lbs 13 oz
- Gestational diabetes
- Breech position late in pregnancy
- History of shoulder dystocia in a prior birth
- Labor that lasts more than 20 hours
When a delivery team ignores these warnings and injury follows, our Maryland Erb’s palsy attorneys stand ready to hold the hospital accountable.
Can Maryland Parents Sue for an Erb’s Palsy Birth Injury?
Yes. Maryland law lets parents pursue a malpractice claim when medical negligence causes a preventable brachial-plexus injury.
To prevail, you and your lawyer must show that a healthcare provider owed a duty of care, breached that duty, caused the injury, and left your family facing real damages.
Jonathan Schochor and our trial team secure those proofs through delivery-room records, fetal monitor strips, and independent expert opinions.
What Compensation Can Erb’s Palsy Families Recover?
Financial recovery aims to secure every resource your child will ever need.
- Past and future medical bills – surgeries, physical and occupational therapy, assistive devices
- Long-term care costs – in-home aides, modifications to vehicles or bathrooms
- Pain, suffering, and loss of life enjoyment
- Parents’ lost income if a caregiver must leave the workforce
- Diminished future earnings for the child if permanent impairment limits careers
Kerry Staton and our birth-injury lawyers at Schochor, Staton, Goldberg and Cardea, P.A. negotiate aggressively but prepare every claim for trial to maximize these damages.
How Long Do You Have to File an Erb’s Palsy Lawsuit in Maryland?
Maryland’s statute of limitations generally requires malpractice actions within five years of the injury or three years from when it was discovered, whichever comes first.
Because your child is a minor, the clock is tolled, yet a lawsuit must still be filed before the child’s twenty-first birthday, and vital evidence can vanish long before then. Acting quickly lets our attorneys secure records, interview witnesses, and meet every procedural deadline.
