Watching your newborn struggle with a preventable birth injury is heartbreaking. As Ellicott City Erb’s Palsy attorney Jonathan Schochor and Erb’s Palsy lawyer Kerry Staton, we have spent decades guiding Maryland families through this exact crisis. From our office just down I-70, we investigate what went wrong, demand accountability, and secure the financial resources a child needs for therapy, surgeries, and lifelong care.
You deserve answers. We are ready to help. Connect with Jonathan Schochor, Ellicott City Erb’s Palsy attorney, at (410) 234-1000 to learn how we can secure the care and compensation your child needs.
What Is Erb’s Palsy and Why Does It Happen During Childbirth?
Erb’s Palsy is a brachial plexus nerve injury that weakens or paralyzes a baby’s shoulder and arm. It usually develops during complicated vaginal deliveries when the baby’s shoulder becomes stuck behind the mother’s pelvic bone, a situation called shoulder dystocia.
If a physician pulls forcefully on the baby’s head or delays ordering an emergency C-section, the nerves can stretch or tear. About two in every 1,000 U.S. births are affected, and most cases are preventable with proper obstetric technique.
How Can I Tell If My Baby Has Erb’s Palsy?
Newborns with Erb’s Palsy often keep one arm bent and close to the body, show little shoulder movement, and lack the normal startle reflex on the affected side. Fingers may wiggle, but the upper arm hangs limp. Pediatricians confirm the diagnosis by exam, and specialists may order ultrasound or MRI scans to measure nerve damage. If you notice any of these signs, ask for an immediate evaluation.
Can Erb’s Palsy Be Treated or Cured?
Early, consistent physical therapy helps roughly 80–90 percent of infants regain significant function. Therapists teach gentle range-of-motion exercises parents can perform at home. When severe nerve tears block progress after three to six months, surgeons may perform nerve grafts, nerve transfers, or later tendon transfers to restore movement. Even with aggressive care, some children face lifelong weakness, so prompt treatment is critical.
Could My Baby’s Erb’s Palsy Have Been Prevented?
Many Erb’s Palsy injuries result from medical negligence. Obstetricians are trained to anticipate shoulder dystocia in large babies, breech positions, prolonged labors, or mothers with gestational diabetes. Standard maneuvers, such as the McRoberts position, suprapubic pressure, and delivering the posterior arm, remove the shoulder safely without forceful traction. When doctors ignore risk factors, misuse forceps or vacuums, or yank on a baby’s head, avoidable nerve damage occurs. In those circumstances, families have the right to pursue justice.
Who Can Be Held Liable for an Erb’s Palsy Birth Injury?
The delivering obstetrician is usually the primary defendant, but hospitals, nurses, midwives, and prenatal care providers may also share responsibility. Maryland law requires every healthcare professional to meet the accepted standard of care. Our Ellicott City birth injury team reviews delivery records, fetal monitor strips, staff notes, and hospital policies, then consults independent obstetric experts to pinpoint each act of negligence.
What Compensation Can You Recover for an Erb’s Palsy Malpractice Case?
Successful claims reimburse all past and future medical costs. Therapy sessions, adaptive equipment, surgery, transportation, and specialized education. They also replace parents’ lost wages when one must stay home. Non-economic damages compensate for your child’s pain and the family’s emotional trauma. Maryland caps these at about $905,000 in 2025, but economic damages are unlimited. We work with life-care planners and economists to document every dollar your child will need.
