The Potomac Erb’s palsy attorneys at Schochor, Staton, Goldberg and Cardea, P.A. fight for children whose brachial-plexus injuries were preventable. We have recovered more than $1 billion for birth-injury clients, and we offer every family a free, confidential case review.
Potomac Erb’s palsy attorneys Jonathan Schochor and Kerry Staton fight for children whose brachial-plexus injuries were preventable, and we are ready to review your case at no cost today. Call (443) 909-2792 or send us a message 24/7 to schedule a free consultation.
Why Parents Search “Potomac Erb’s Palsy Lawyer”
Parents look for legal help when an unexpected injury changes a newborn’s future. Potomac families deliver at busy hospitals like Shady Grove Medical Center and Holy Cross Germantown, which together serve roughly 11,000 Montgomery County births each year. Even one negligent delivery can burden a household with lifelong medical bills and emotional strain, so fast answers matter.
Quick Guide: What Is Erb’s Palsy?
Brachial-Plexus Anatomy & Typical Symptoms
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a baby’s upper arm. The C5–C6 nerves near the neck control shoulder and elbow movement; traction during delivery can stretch or tear them.
Long-Term Outlook & Therapies
Mild cases may improve with daily physical therapy, but severe avulsions often require nerve-graft surgery. Children may face limited arm function, muscle atrophy, and self-esteem challenges, which is why early intervention is critical.
Could Medical Negligence Be the Cause?
Shoulder Dystocia & Excessive Traction
When a baby’s shoulder lodges behind the pubic bone, doctors must follow well-known dystocia protocols. Excess force can overstretch fragile nerves and create Erb’s palsy.
Misuse of Forceps or Vacuum
Obstetric teams use instruments to guide difficult births, but improper placement or angle increases nerve injury risk. Standard of care demands gentle, controlled traction.
Failure to Perform Timely C-Section
Electronic fetal monitoring warns clinicians when labor stalls. A delayed C-section can prolong compression and magnify traction forces, leading to permanent damage.
Other Delivery-Room Errors
Undiagnosed breech presentations, understaffed delivery suites, or ignored risk factors—for example, macrosomia—also contribute to preventable brachial-plexus injuries.
Your Legal Rights Under Maryland Law
Elements of Malpractice
A successful claim proves duty, breach, causation, and damages. Medical records and expert opinions tie unsafe delivery tactics directly to the child’s injury.
Statute of Limitations & Tolling Rules — § 5-109
Maryland allows birth-injury lawsuits until a child’s 11th birthday or within five years of the injury, whichever is sooner. Filing earlier preserves evidence and expert availability.
Certificate of Qualified Expert Requirement
Plaintiffs must file an affidavit from a board-certified specialist within 90 days of serving suit. Our firm maintains long-standing relationships with neonatal and obstetric experts who satisfy this rule.
Damage Caps & Exceptions — § 3-2A-09
Maryland caps non-economic damages (roughly $905,000 in 2025) but does not cap economic losses such as lifetime care costs. Knowing this cap shapes negotiation strategy.
Damages Your Family May Recover
Lifetime Medical & Therapy Costs
Erb’s palsy often requires years of occupational therapy, orthopedic care, and assistive devices. A life-care plan quantifies those future expenses.
Home Modifications & Assistive Tech
Wheelchair ramps, one-handed adaptive equipment, and vehicle retrofits restore independence and belong in the compensation demand.
Non-Economic Losses
Pain, frustration, lost enjoyment, and diminished earning capacity weigh heavily on juries and influence settlement value.
How a Potomac Birth-Injury Attorney Builds a Case
Medical-Record Investigation
We secure fetal monitoring strips, operative notes, and nurse logs to flag departures from obstetric standards.
Expert Opinions & Life-Care Planning
Neonatal specialists connect the negligence to the injury, while economists forecast the child’s lifetime needs.
Negotiation vs. Trial Strategy
Hospitals know our readiness to try cases in Montgomery County Circuit Court, which often prompts meaningful settlement offers. When justice demands, we present compelling visuals and expert testimony to jurors.
Proven Results & Local Advantage
Montgomery County Verdicts & Settlements
Our Potomac Erb’s palsy lawyer, Jonathan Schochor, helped obtain multi-million-dollar awards that fund lifelong care. Co-counsel Kerry Staton recently secured a seven-figure settlement after proving vacuum misuse.
Awards, Credentials & Medical-Expert Network
Both attorneys hold AV Preeminent ratings, Top 100 Trial Lawyer honors, and decades of Maryland malpractice experience. Local medical experts trust our thorough preparation.
Step-by-Step Lawsuit Timeline
Intake & Free Consultation
Families meet directly with Potomac Erb’s palsy attorney Kerry Staton or Jonathan Schochor to discuss facts and concerns at no charge.
Filing & Service
We draft the complaint, attach the expert certificate, and serve all defendants before evidence disappears.
Discovery & Mediation
Depositions, document exchanges, and settlement conferences clarify liability and damages. Our attorneys leverage medical literature and prior verdict data to maximize offers.
Trial or Settlement Payout
If defendants refuse fair compensation, we present your child’s story to a Montgomery County jury and pursue full damages.
Frequently Asked Questions (FAQs)
How long do I have to sue?
You must file before your child turns 11 or within five years of the injury, whichever is earlier.
What will hiring you cost?
We advance all costs and charge no fee unless we secure compensation.
How much are Erb’s palsy settlements in Maryland?
Severe cases often settle in the high six- to seven-figure range because lifelong therapy and lost earnings escalate economic damages.
Will my child need to testify?
Children rarely appear in court; medical experts and parents usually provide the necessary testimony.
Who is liable for Erb’s palsy birth injuries?
Obstetricians, delivery nurses, and hospitals share liability when they deviate from accepted delivery protocols.
Speak With a Potomac Erb’s Palsy Lawyer Today
Contact Information
Call (443) 909-2792 or visit our Potomac consultation office by appointment. We answer phones 24/7 and arrange virtual meetings for out-of-state parents.
Next Steps
Schedule your free case review, let our attorneys gather records, and focus on your child’s care while we fight for financial security.