Our record of success gives parents confidence. Aspen Hill Erb’s Palsy lawyer Jonathan Schochor has fought for injured children since 1984, while Kerry Staton has secured numerous seven-figure verdicts for brachial-plexus injuries. We combine trial skill with genuine compassion, so families feel heard and supported from day one.
Our attorneys know medical language. On-staff nurses and trusted OB/GYN experts help us spot delivery errors quickly. We serve Montgomery County parents as readily as those in Baltimore, meeting at homes or by secure video when travel is hard.
Free Consultation: Call (443) 909-2792 and we’ll listen to your story, outline next steps, and explain exactly how we can help.
What Is Erb’s Palsy?
Erb’s Palsy is a brachial-plexus nerve injury that weakens or paralyzes a newborn’s shoulder and arm. The condition appears at birth: one arm hangs limp, lacks a Moro reflex, and grips weakly. Severity ranges from temporary stretch injuries to permanent nerve tears. About 1-3 of every 1,000 U.S. births are affected.
What Causes Erb’s Palsy?
Erb’s Palsy usually stems from shoulder dystocia—when a baby’s shoulder lodges behind the mother’s pelvis and a provider pulls too hard on the neck.
Common obstetric errors
- Excessive traction during shoulder dystocia.
- Delayed or declined cesarean in macrosomia (large-baby) pregnancies.
- Rough forceps or vacuum extraction.
- Awkward breech extractions.
Across these events, the root problem is preventable force. Proper maneuvers or timely C-section almost always avoid nerve damage.
Uncommon Nerve Injuries We Also Litigate
Some births create rarer brachial-plexus patterns:
- Klumpke’s Palsy: lower-plexus injury causing weak hand and possible Horner’s syndrome.
- Global plexus palsy: complete arm paralysis after severe traction.
- Bilateral injuries or C-section extractions gone wrong: infrequent but devastating.
Recognizing every variant lets the Aspen Hill birth-injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. craft the right expert testimony.
Could This Injury Have Been Prevented?
Modern obstetrics makes permanent brachial-plexus injury rare. When doctors anticipate big babies, prolonged labor, or breech presentation, guidelines call for gentle maneuvers or elective C-section. When providers ignore those safeguards, they breach the standard of care. That breach, not bad luck, often causes Erb’s Palsy. We investigate delivery records and prove exactly where safety protocols failed.
Signs and Long-Term Effects
Newborn red flags include a limp arm, weak grip, and absent reflexes. Mild neuropraxia may resolve within months of therapy. Severe avulsion can shrink muscles, limit shoulder rotation, and require nerve-graft surgery. Roughly 20-30 percent of children live with lasting weakness. Our job is securing money for every therapy, surgery, brace, and adaptation that future may demand.
How an Aspen Hill Erb’s Palsy Lawyer Helps
Building a malpractice case is technical. Aspen Hill Erb’s Palsy attorney Kerry Staton retrieves prenatal records, hires leading pediatric neurologists, and files Maryland’s Certificate of Merit on time. We negotiate hard with hospital insurers yet prepare every file for trial, ensuring maximum leverage. Families focus on healing while we handle deadlines, paperwork, and court strategy.
Compensation We Pursue
A successful claim funds your child’s entire care plan.
Economic damages
- Past and future medical bills: NICU, surgeries, therapy, adaptive devices.
- Lost wages of parents who reduce work to provide care.
- Long-term life-care costs, projected with economists.
Non-economic damages
- Pain and suffering of both child and parents.
- Loss of quality of life and future opportunities.
- Emotional distress tied to traumatic birth.
Large, permanent injuries can yield multimillion-dollar results; milder cases still warrant significant recovery. Our attorneys calculate every dollar so nothing is overlooked.
Maryland’s Filing Deadline
Maryland requires malpractice suits within five years of the injury or three years from discovery, whichever is earlier. Because Erb’s Palsy is apparent at birth, the clock often expires on the child’s fifth birthday. Evidence fades quickly, so early legal action protects your rights.
Can You Sue After Improvement or Late Diagnosis?
Yes. A partial recovery does not erase negligence or medical bills already incurred. If symptoms surfaced months later, the discovery rule may extend the filing window. Aspen Hill brachial-plexus injury lawyer Jonathan Schochor will calculate deadlines precisely and advise whether pursuing a claim remains wise.
Frequently Asked Questions (FAQs)
Do I need a local lawyer?
A Maryland malpractice lawyer with birth-injury experience matters more than an exact ZIP code. We routinely represent Aspen Hill families and meet wherever convenient.
Will it cost anything upfront?
No. We take cases on contingency; we earn nothing unless we win compensation.
Should I sign the hospital’s quick settlement?
Never without counsel. Early offers rarely cover lifelong care. Let us evaluate any proposal first.
Will my case go to trial?
Most settle, but we prepare for court from day one. Trial-readiness drives higher offers.
Why pursue a lawsuit if the doctor meant no harm?
Accountability funds your child’s care and prompts safer hospital practices. Intent is irrelevant; standards of care are mandatory.
Local Insight: Aspen Hill & Montgomery County
Aspen Hill parents often deliver at Holy Cross Hospital in Silver Spring or Adventist Shady Grove in Rockville. We know these facilities, their insurers, and the Montgomery County courts on East Jefferson Street. Our team gladly travels Georgia Avenue and Norbeck Road to meet clients at home, or arranges secure video consults when schedules demand.
Client Testimonial
“Kerry Staton and Josh Kahn handled my case extremely well. From the first contact up to the outcome, along with team, they were very professional and provided great counsel. They combine the experience, skills and expertise that deliver great results. It would have been enough to be very satisfied but what was unexpected was their level of compassion and support in my most difficult time.” – Laetitia M
Contact Our Aspen Hill Erb’s Palsy Lawyers
Time limits run quickly. Call (443) 909-2792 or submit our secure form 24/7. Our attorneys will review your medical records for free, explain your rights, and outline the strongest path forward. You deserve answers, accountability, and the means to give your child every opportunity. Let us fight for that future today.