Erb’s palsy can shatter joyful birth plans in an instant. Chillum Erb’s palsy lawyer Jonathan Schochor and birth-injury attorney Kerry Staton have spent decades turning that heartbreak into hope. We have secured life-changing verdicts and settlements for families facing brachial plexus injuries because we understand both the medical science and the human cost.
Our main office in Baltimore and satellite meeting locations throughout Prince George’s County let us serve parents in Chillum, Hyattsville, Takoma Park, and Silver Spring with ease. We routinely investigate deliveries at Holy Cross Hospital, Washington Adventist Hospital, and other local maternity units accessed from Riggs Road and East-West Highway.
If your child was diagnosed with Erb’s palsy after a Chillum-area delivery, reach out now. Call us at (443) 909-2792 or send a secure message for a free, no-obligation consultation. Let our award-winning birth-injury attorneys fight for the future your family deserves.
What Is Erb’s Palsy?
Erb’s palsy, also called brachial plexus palsy, is a nerve injury that weakens or paralyzes a newborn’s shoulder and arm. Roughly one to two of every 1,000 births involve this condition. The injury occurs when the network of nerves between the neck and shoulder stretches, tears, or avulses during delivery. Some infants regain strength with early therapy, but severe cases leave permanent functional limits.
Prince George’s County Erb’s palsy attorney Kerry Staton explains that quick diagnosis and aggressive therapy are crucial because untreated nerve damage worsens over time.
Common Causes
Delivery room errors, not bad luck, cause most brachial plexus injuries. Chillum brachial plexus lawyer Jonathan Schochor has seen the same five scenarios again and again:
- Shoulder dystocia. The baby’s shoulder lodges behind the pubic bone; excessive pulling on the head stretches nerves.
- Delayed C-section. Providers fail to convert a stalled or high-risk labor to surgery in time to prevent traction injuries.
- Vacuum or forceps misuse. Improper instrument placement or force can crush delicate nerve tissue.
- Undiagnosed macrosomia. Large-for-gestational-age babies, often linked to gestational diabetes, face higher dystocia risk if no C-section is planned.
- Breech or abnormal positioning. Feet-first or transverse presentations require arm manipulation that endangers the plexus.
Any of these events may constitute negligence when professionals ignore well-known obstetric “red flags.” Parents deserve candid answers, not excuses, when trusted caregivers deviate from safe protocols.
Symptoms & Impact of Erb’s Palsy
A newborn with Erb’s palsy often has a limp upper arm, weak grasp, and no Moro reflex on the affected side. Swaddling can hide these signs, so vigilant observation in the first days is vital. Long-term, families face years of physical therapy, possible nerve grafting, and adaptive equipment.
Even with care, some children never achieve full range of motion, limiting sports, self-care, and future employment. Our Chillum birth-injury lawyers make sure judges and juries see the daily challenges behind the medical jargon.
Legal Pathways in Maryland
Maryland law allows families to hold negligent providers accountable. To prevail, we must prove four elements: duty, breach of the standard of care, causation, and damages. The statute of limitations under Courts & Judicial Proceedings § 5-109 is five years from injury or three years from discovery, but a child’s deadline is extended until their 11th birthday. Claims exceeding $30,000 must first pass through the Health Care Alternative Dispute Resolution Office (HCADRO). Within 90 days of filing, we also submit a certificate of qualified expert attesting to negligence.
Paperwork and deadlines feel overwhelming when you are scheduling therapy and pediatric appointments. Our Erb’s palsy legal team led by attorney Jonathan Schochor gathers records, files every form, and keeps your case on track so you can focus on your child.
Quick Maryland Checklist
- Duty, breach, causation, damages
- Five-year / three-year / age-11 filing window
- Certificate of qualified expert required
- HCADRO screening for claims over $30K
Proving Medical Negligence
Building an Erb’s palsy case is forensic medicine. We obtain prenatal charts, delivery notes, fetal monitor strips, and NICU logs. Our in-house nurses flag deviations, such as unaddressed shoulder dystocia or a two-hour delay in ordering a C-section. Independent obstetricians and pediatric neurologists testify that proper maneuvers, including McRoberts position, suprapubic pressure, and elective cesarean, would have prevented the injury.
Economists project lifetime care costs, while vocational experts explain future earning limits. The brachial plexus injury attorneys at our firm connect every dot, turning medical evidence into a compelling story of preventable harm.
Compensation
Successful claims secure two broad categories of damages:
- Economic: Past and future surgeries, physical and occupational therapy, assistive devices, home modifications, and lost earning capacity.
- Non-economic: Pain, frustration, diminished enjoyment of childhood, and emotional distress.
- Family costs: Counseling, travel, and caregiving expenses for parents.
Multi-million-dollar recoveries are common in severe Erb’s palsy cases because lifetime medical care alone can exceed seven figures. There is never an upfront fee. Our Chillum Erb’s palsy attorneys at Schochor, Staton, Goldberg and Cardea work on contingency and collect nothing unless we win.
Why Choose Schochor Staton
Maryland birth-injury lawyers Jonathan Schochor and Kerry Staton are listed among Super Lawyers and have recovered more than $1 billion for malpractice victims. We live and work in the same communities we serve, so we understand Prince George’s County jury pools, hospital policies, and insurance tactics. Our resources include an on-staff nursing team, cutting-edge medical software, and long-standing relationships with national obstetric experts.
Reasons families trust us
- Experience. We have litigated cases arising from Holy Cross, Washington Adventist, and Prince George’s Hospital.
- Results. Our verdicts include multiple seven- and eight-figure birth-injury awards.
- Resources. We advance all costs for experts, imaging, and life-care planning.
- Compassion. We answer calls after hours because emergencies do not follow business schedules.
Frequently Asked Questions (FAQs)
Can I sue for my child’s Erb’s palsy?
Yes, if medical negligence caused the injury, you may bring a malpractice claim under Maryland law.
Who can be held responsible?
Obstetricians, nurses, midwives, and the hospital itself may share liability.
How soon must I act?
File before the child turns 11 or five years pass from the delivery date—whichever is sooner.
What if the diagnosis came months later?
The “discovery rule” may extend your deadline, but early action preserves evidence.
How much will a lawyer cost?
We work on contingency. No fees or expenses unless we obtain compensation.
Do most cases settle or go to trial?
Many resolve in mediation once experts confirm negligence; we prepare every file for trial to maximize value.
Call to Action
If your child developed Erb’s palsy after a Chillum-area delivery, our Prince George’s County Erb’s palsy lawyers are ready to help. Call (443) 909-2792 or fill out our confidential online form for a free consultation today.