A birth injury should never define a child’s future. At Schochor, Staton, Goldberg and Cardea, P.A., our founding partners Jonathan Schochor and Kerry Staton have dedicated more than four decades to helping families rebuild after devastating medical errors.
From our Baltimore office, just minutes from Dundalk via I-95, we have recovered over $1 billion for victims of medical negligence, including numerous seven- and eight-figure birth-injury recoveries. When you call (443) 909-2792 for a free consultation, you speak directly with a lawyer who understands the medicine, the law, and, most importantly, your child’s needs.
Why Local Experience Matters in Erb’s Palsy Cases
Dundalk parents deserve counsel who know the local hospitals, the Baltimore County court system, and the unique challenges of raising a child with a brachial plexus injury in our community. Erb’s palsy attorney Jonathan Schochor has tried cases arising out of deliveries at Johns Hopkins Bayview Medical Center and MedStar Franklin Square. Birth-injury lawyer Kerry Staton routinely appears before judges in Towson’s Circuit Court, giving our team insight into local juror expectations and procedural preferences. That hometown familiarity helps us craft strategies that resonate with Baltimore-area juries and pressure insurers to settle fairly.
Hospitals & Birth Centers We Investigate
- Johns Hopkins Bayview Medical Center
- MedStar Franklin Square Medical Center
- University of Maryland St. Joseph Medical Center
- Baltimore-area birthing centers that serve eastern Baltimore County families
Past Results in Baltimore County
Our attorneys have secured multiple multimillion-dollar settlements for children whose shoulder dystocia was mismanaged during delivery at county hospitals. Jurors here respond strongly when they learn that a preventable error has left a baby with a permanent disability, so we prepare every Dundalk case as if trial were inevitable.
Understanding Erb’s Palsy
Erb’s palsy is the most common brachial-plexus birth injury. Roughly 1-2 of every 1,000 newborns sustain damage when the network of nerves that powers the shoulder and arm is stretched or torn during a difficult birth. The result is weakness or paralysis in the affected arm.
Medical Definition & Anatomy
The brachial plexus runs from the neck through the shoulder. Excessive traction on a baby’s head or arm, often during shoulder dystocia, can stretch (neuropraxia), rupture, or avulse those nerves. Because the injury is localized, cognition is unaffected, but motor control in the arm may be severely limited.
Common Delivery Errors
- Undiagnosed macrosomia – Large-for-gestational-age babies should prompt early C-section discussions.
- Prolonged second stage of labor – Extended pushing increases the risk of forceful maneuvers.
- Improper use of vacuum or forceps – Devices designed to assist delivery can harm when applied with excessive force.
- Incorrect shoulder-dystocia maneuvers – Safe techniques exist (McRoberts, suprapubic pressure). Pulling on the baby’s neck is never acceptable.
Early Signs & Long-Term Complications
Parents may see a limp “waiter’s tip” arm, absent Moro reflex, or inability to grip. Mild stretching injuries often heal within months; full ruptures can leave lifelong weakness, arm-length discrepancies, and chronic pain.
Was Malpractice to Blame?
Most Erb’s palsy injuries are preventable. Our Dundalk Erb’s palsy attorneys obtain prenatal records, delivery notes, and fetal monitor strips to spot red flags such as undiagnosed maternal diabetes or documented shoulder dystocia followed by excessive traction. Independent obstetric and pediatric neurology experts then confirm whether accepted standards were breached.
Proving Negligence
- Duty – The delivering clinician owed your child competent care.
- Breach – The clinician ignored risk factors or used unsafe techniques.
- Causation – That mistake damaged the brachial plexus nerves.
- Damages – Your family faces medical bills, therapy costs, and pain that demand compensation.
Maryland Legal Framework
Maryland imposes strict procedural hurdles, yet our firm navigates them daily.
- Statute of Limitations – Three years from discovery or five years from injury (Md. Code Cts. & Jud. Proc. § 5-109).
- Certificate of Qualified Expert – Must be filed within 90 days of the initial claim.
- HCADRO Arbitration – All malpractice claims begin in the Health Care Alternative Dispute Resolution Office; we often waive arbitration to move swiftly to court.
Missing any deadline can bar recovery, so we urge families to contact us as soon as Erb’s palsy is diagnosed.
Compensation Your Family May Recover
The cost of lifelong care can exceed seven figures. We pursue damages that cover:
- Past and future medical expenses – Surgeries, therapy, medication, and specialist visits.
- Rehabilitation & adaptive equipment – Orthotic devices, mobility aids, and home modifications.
- Lost earning capacity & caregiving costs – For both the child and parents who reduce work hours.
- Pain, suffering, and loss of quality of life – Maryland caps non-economic damages, but we maximize every allowable dollar.
- Life-care planning funds – Structured settlements or trusts that guarantee resources long after a verdict or settlement closes.
Step-by-Step Lawsuit Timeline
- Free Case Review – Speak with Dundalk birth-injury attorney Jonathan Schochor or Kerry Staton at no cost.
- Record Gathering & Expert Screening – We order medical charts and secure the required expert affidavit.
- File with HCADRO – Starting the clock and preserving your claim.
- Circuit-Court Complaint – Typically in Baltimore County or Baltimore City.
- Discovery & Mediation – Depositions, document exchanges, and negotiation.
- Trial or Settlement – We prepare relentlessly for court, compelling many hospitals to settle beforehand.
- Payout & Life-Care Planning – We resolve liens and create structures that protect your child’s future.
Frequently Asked Questions (FAQs)
What is the average Erb’s palsy settlement in Maryland?
Outcomes vary, but severe cases often resolve in the high six to low seven figures because lifetime therapy and surgeries drive damages.
Can we sue if the injury happened three years ago?
Possibly. The discovery rule may still allow filing within five years of birth. Call us to review your timeline.
How much does it cost to hire your firm?
We work on a contingency fee. No upfront costs, and no fee unless we win.
Will my child need surgery?
Mild stretching injuries heal with therapy, but nerve grafts or transfers may be recommended if function has not improved by six months.
Why Choose Schochor, Staton, Goldberg and Cardea for a Dundalk Erb’s Palsy Case
- Proven Record – Our birth-injury lawyer team has secured life-changing awards for brachial-plexus victims across Maryland.
- Medical Insight – We employ in-house medical investigators and collaborate with nationally recognized pediatric neurologists.
- Trial-Tested Reputation – Insurers know attorney Kerry Staton is willing to bring a case to verdict; that leverage drives higher settlements.
- Client-Centered Care – Families praise our empathy, constant updates, and willingness to meet in Dundalk homes when travel is difficult.
- Resources to Fight – We advance all litigation costs: expert fees, depositions, exhibits—so financial pressure never forces you to settle short.
Speak With a Dundalk Erb’s Palsy Attorney Today
Every day of delay risks evidence loss and statutory deadlines. Call (443) 909-2792 or complete our online form to schedule a free, confidential consultation. Our Dundalk Erb’s palsy lawyers will evaluate your child’s case, outline next steps, and, if we accept representation, immediately begin preserving crucial proof. We charge no fee unless we win, so you can focus on your child’s care while we fight for the resources your family needs.