Learning that your newborn has Erb’s palsy is heartbreaking and overwhelming. Many parents we meet in Baltimore have never even heard of a brachial plexus injury until a doctor delivers the news, yet they instantly worry about their child’s future.
As Baltimore Erb’s palsy attorneys at Schochor, Staton, Goldberg & Cardea, P.A., we help families understand what went wrong and how they can hold negligent providers accountable. Call (443) 909-2792 today for a free consultation. Your family does not have to face this alone.
What Is Erb’s Palsy?
Erb’s palsy, also called Erb-Duchenne palsy, is a brachial plexus injury affecting nerves that control the shoulder, arm, and hand. Damage occurs during birth, leaving the baby’s arm weak, limp, or stuck in the so-called “waiter’s-tip” position.
Typical symptoms include a limited range of motion, reduced grip strength, and loss of sensation. Although the condition appears in only 1-2 of every 1,000 births, about 12,000 infants nationwide each year, its impact can be lifelong. Some children regain function with therapy. Others face permanent limitations. We understand how frightening that uncertainty is for new parents.
What Causes Erb’s Palsy?
Most cases stem from trauma during a difficult delivery. Excessive stretching of a baby’s neck or shoulder can damage delicate nerves. Frequent scenarios include:
- Shoulder dystocia when the shoulder lodges behind the pelvis and the provider pulls too forcefully.
- Delivering a large baby (macrosomia) or one born to a diabetic mother.
- Breech births that require manipulation of the arms or legs.
- Misuse of forceps or vacuum extractors.
- Prolonged labor or a delayed decision to perform a C-section.
Obstetricians at major Baltimore hospitals, such as Johns Hopkins Hospital and the University of Maryland Medical Center, are trained to spot these risks early. When they ignore or mishandle them, preventable nerve injuries result.
Can Doctors Prevent Erb’s Palsy?
Yes, proper obstetrical care prevents many Erb’s palsy injuries. Competent doctors anticipate risk factors, recommend timely C-sections, and use gentle maneuvers if shoulder dystocia arises. They avoid yanking on the head, apply the McRoberts maneuver, and enlist skilled assistance for instrument deliveries. When these precautions are skipped or botched, the resulting injury often points to medical negligence.
Erb’s Palsy vs. Shoulder Dystocia
Shoulder dystocia is a delivery emergency in which the baby’s shoulder gets stuck. Erb’s palsy is the nerve injury that can follow if the medical team handles that emergency incorrectly. Think of dystocia as the cause and Erb’s palsy as the effect. If your child suffered Erb’s palsy after a shoulder dystocia, a Baltimore birth-injury lawyer can investigate whether the care you received fell below accepted standards.
Can Erb’s Palsy Be Cured?
Outcome depends on severity. Mild stretching injuries (neuropraxia) often heal within 3-12 months. Severe tears or avulsions may leave lasting deficits. Common treatments include:
- Physical and occupational therapy to strengthen muscles.
- Hydrotherapy for safe, low-resistance movement.
- Nerve-graft or nerve-transfer surgery in the first year of life.
- Tendon transfers or muscle-release procedures later on.
Roughly 80-90 percent of children regain meaningful function, yet some live with weakness or restricted motion. We fight to secure resources so every child receives the best available care.
Common Types of Erb’s Palsy Cases We Handle
Our Baltimore Erb’s palsy attorneys routinely litigate:
- Excessive-force deliveries where a physician pulls too hard on the head or neck.
- Delayed C-sections despite obvious risk factors.
- Instrument injuries from forceps or vacuum extractors.
- Improper birthing maneuvers when shoulder dystocia occurs.
- Shoulder-dystocia mismanagement that ignores hospital protocols.
Each scenario involves a provider who breached the standard of care, causing avoidable harm.
Uncommon or Rare Erb’s Palsy Cases
We also handle less typical, complex injuries:
- Bilateral Erb’s palsy affecting both arms.
- Klumpke’s palsy involving the lower brachial plexus.
- Total brachial-plexus avulsion causing complete paralysis.
- Horner’s syndrome alongside nerve damage.
- Erb’s palsy arising during a C-section-rare but possible in unusual fetal positions.
No matter how unique the facts, Jonathan Schochor and Kerry Staton have the experience to build a compelling case.
Who Can Be Held Liable?
Potential defendants include:
- The delivering obstetrician who used excessive force.
- Nurses or midwives who failed to act or employed improper techniques.
- The hospital or birthing center whose policies or staffing were inadequate.
- A medical group or practice supervising negligent providers.
Proving liability means showing the provider deviated from accepted medical standards.
How Do We Prove Medical Negligence?
An Erb’s palsy claim must establish:
- Duty of care-a provider-patient relationship existed.
- Breach-the provider acted below the accepted standard.
- Causation-that breach caused the child’s injury.
- Damages-the measurable losses the family now faces.
Our legal team secures delivery records, fetal monitor strips, and expert OB testimony to connect each element. These cases are complex; experienced counsel is essential.
What Compensation Can Your Family Recover?
A successful settlement or verdict can cover:
- Past and future medical bills-surgeries, therapy, adaptive equipment.
- Rehabilitation and in-home care costs.
- Pain and suffering for the child and the emotional toll on parents.
- Lost wages if a parent reduces work to provide care.
- Future earning-capacity losses for the child.
- Other non-economic damages such as loss of enjoyment of life.
In rare instances of egregious conduct, Maryland courts may allow punitive damages.
How Long Do You Have to File in Maryland?
Under Md. Cts. & Jud. Proc. § 5-109, parents generally have five years from the injury date or three years from discovery, whichever is earlier, often the child’s fifth birthday. Missing the deadline bars recovery, so speak with a Baltimore Erb’s palsy attorney immediately.
Why Do You Need a Baltimore Erb’s Palsy Lawyer?
Pursuing a birth-injury lawsuit while caring for an infant is exhausting. Our attorneys navigate complex procedures, hire leading medical experts, and negotiate with insurers to maximize compensation, all on a contingency-fee basis. You owe nothing unless we win. Let us shoulder the legal burden so you can focus on your child.
Why Choose Schochor, Staton, Goldberg & Cardea?
- Decades of experience: Fighting for patients’ rights since 1984.
- Leadership: Senior partners Jonathan Schochor and Kerry Staton have earned national recognition for record-setting birth-injury verdicts.
- Results: We have secured multi-million-dollar outcomes for Maryland families-funding therapy, surgeries, and college educations.
- Resources: Our in-house medical investigators “speak doctor,” cutting through complex records quickly.
- Personal touch: Clients are treated like family; our attorneys return calls, explain every step, and provide compassionate guidance.
Attorney Bios
Jonathan Schochor-Senior Managing Partner with 40+ years of trial experience, repeatedly named a Maryland Super Lawyer, and renowned for landmark medical-malpractice cases.
Kerry Staton-Co-founding Partner known for vigorous courtroom advocacy, multiple seven-figure birth-injury recoveries, and unwavering dedication to client care.
Client Testimonial
“Great group of attorneys! If I could give 10 stars I would. Their attention to detail, responsiveness and client care is second to none. Highly recommend Schochor, Staton, Goldberg and Cardea for any medical malpractice needs.” – Haley H.
Contact Our Baltimore Erb’s Palsy Lawyers for a Free Consultation
You’ve endured enough uncertainty. Call (443) 909-2792 or fill out our online form for a free, no-obligation consultation 24/7. Our office is located at 1211 St Paul St, Baltimore, MD 21202 in historic Mount Vernon, just off I-83. We proudly serve families throughout Baltimore City, Baltimore County, Towson, Catonsville, Parkville, and all of Maryland.
No fee unless we win. Let us fight for the justice and financial security your child deserves today.