We understand the shock of learning that your newborn’s arm hangs limp or curls into the classic “waiter’s tip” position. Lead trial attorney Jonathan Schochor and seasoned litigator Kerry Staton have helped Maryland families face that same moment for more than 35 years. Our Annapolis Erb’s palsy legal team offers a free, no-risk case review. Call (443) 909-2792 today so we can start protecting your child’s future.
How Does Erb’s Palsy Affect Newborns?
Erb’s palsy is a brachial plexus injury that weakens or paralyzes a baby’s shoulder and upper arm.
The brachial plexus nerves control movement from the neck to the fingers; stretching or tearing them during delivery can leave the arm limp, rotated inward, and lacking sensation. Although some infants regain strength within two years, severe ruptures or avulsions may cause lifelong disability.
Parents across Anne Arundel County, from Eastport to Severna Park, often notice the condition immediately after birth. We know how frightening that discovery feels, and we are ready to stand beside you.
What Causes Erb’s Palsy in Birth?
Most cases arise from avoidable delivery complications. Shoulder dystocia, forceful traction on the baby’s head or neck, vacuum or forceps assistance, breech presentation, maternal diabetes, and macrosomia are classic red flags. Competent obstetricians should anticipate these dangers and adjust delivery plans, ordering a timely C-section, repositioning the mother, or seeking help, before nerves are damaged.
When they fail to act, the resulting injury is preventable. Our Annapolis birth injury attorneys investigate whether the standard of care was breached and whether that breach caused your child’s condition.
Can Erb’s Palsy Occur Outside Childbirth?
Yes, but it is rare. Motor-vehicle crashes, high-speed sports collisions, and severe falls can stretch the brachial plexus in older children or adults, producing the same weakness seen in infants. Injection errors and wrestling injuries appear occasionally in medical literature. The Erb’s palsy attorneys serving Anne Arundel County pursue compensation regardless of a client’s age or the incident that caused the nerve damage.
Symptoms and Diagnosis
Typical signs include arm paralysis, inability to lift the shoulder, limited elbow flexion, and that distinctive inward-turned wrist. Some babies show numbness or lack a Moro reflex on the affected side.
Pediatricians at Anne Arundel Medical Center usually recognize the injury in the delivery room. Electromyography, ultrasound, or MRI can clarify nerve integrity. Early diagnosis allows physical therapists to begin passive-range-of-motion exercises within days, critical for future function.
Treatment and Prognosis
Most infants start with intensive physical and occupational therapy. Therapists teach parents gentle stretches to prevent joint contractures while nerves heal. If no meaningful improvement appears by four to six months, surgeons at Johns Hopkins Bayview or other regional centers may perform nerve grafts or transfers. Recovery can take years. Mild neurapraxia often resolves, but avulsions may never regain full strength.
Therapy, adaptive equipment, and potential surgeries create heavy financial burdens. Our Annapolis Erb’s palsy attorneys at Schochor, Staton, Goldberg & Cardea fight to shift those costs to the negligent providers who caused them.
Compensation We Pursue for Families
Full justice covers every loss a child may face.
- Past and future medical expenses—surgeries, braces, wheelchairs, and lifelong therapy.
- Lost income and caregiver costs if a parent leaves work or a home health aide is required.
- Home and vehicle modifications such as widened doorways or adaptive driving controls.
- Non-economic damages for pain, suffering, loss of enjoyment of life, and emotional distress.
- Punitive damages when conduct shows reckless disregard for patient safety.
Maryland allows additional time to file birth-injury claims, generally until the child’s 11th birthday, so we build a life-care plan that anticipates decades of needs. Our goal is to ensure money is never the reason your child misses an opportunity.
How an Annapolis Erb’s Palsy Lawyer Helps
A malpractice claim demands medical expertise, financial resources, and courtroom skill. Attorney Jonathan Schochor leads a team that obtains prenatal records, delivery notes, fetal monitor strips, and neonatal assessments. We consult board-certified obstetricians, pediatric neurologists, and economists to prove duty, breach, causation, and damages. We front every litigation cost and charge no fee unless we win.
Families along US-50 and I-97 can focus on therapy appointments while we handle insurers, subpoenas, and negotiations. Mr. Staton personally prepares parents for depositions and keeps them informed at every stage.
Filing an Erb’s Palsy Lawsuit in Maryland
Maryland law requires a certificate of qualified expert filed with the Health Care Alternative Dispute Resolution Office (HCADRO) within 90 days of a malpractice claim. Our attorneys secure that affidavit, waive arbitration when strategic, and file the case in the Anne Arundel County Circuit Court or Baltimore City as appropriate.
Discovery includes exchanging documents, deposing labor-and-delivery nurses, and presenting life-care planners. Most cases settle after mediation, but our firm, headed by Mr. Schochor and Mr. Staton, has tried complex birth-injury claims to multimillion-dollar verdicts when hospitals refuse fair compensation.
Why Choose Schochor, Staton, Goldberg & Cardea?
Experience, resources, and compassion converge here.
- Jonathan Schochor has been named a Maryland Super Lawyer® every year since the designation began.
- Kerry Staton is a board-certified civil trial advocate recognized for record-setting verdicts.
- Our birth-injury section includes nurse paralegals and a former labor-and-delivery charge nurse.
- We have recovered hundreds of millions for children with neurologic injuries, including substantial confidential settlements for families in Arnold and Severna Park.
From our St. Paul Street office, just a 30-minute drive up MD-2, you receive personal attention and rapid responses. Clients say we treat them like family; we intend to treat you the same.
Testimonial
“SSGC provided exceptional service with a perfect balance of professionalism and personable care. Their knowledgeable team explained every detail clearly, leaving no question unanswered. Their attention to detail and commitment to client success set them apart. Highly recommended for anyone seeking expert, legal guidance. Unmatched representation!” – David V.
Frequently Asked Questions (FAQs)
Is Erb’s palsy the same as cerebral palsy?
No. Cerebral palsy involves brain injury; Erb’s palsy is a peripheral nerve injury.
Can my child fully recover?
Many mild cases improve within two years, but severe nerve tears can leave permanent weakness. Early therapy offers the best chance.
How much does a lawyer cost?
Nothing up front. We work on a contingency fee and advance all expenses. No recovery, no fee.
What is the “waiter’s tip” position?
It is the inward-turned wrist and straight elbow often seen when upper brachial plexus nerves are injured.
What if I am unsure malpractice occurred?
Our initial consultation is free. We will review medical records and advise whether negligence played a role.
Take the Next Step for Your Child
Your child’s therapy should start today, and so should the legal work that funds it. Call (443) 909-2792 or complete our online form for a free consultation with Attorney Jonathan Schochor or Attorney Kerry Staton. We serve families throughout Annapolis, Edgewater, Crofton, and all of Anne Arundel County and we are ready to serve yours.