Jonathan Schochor and Kerry Staton are nationally respected birth-injury trial lawyers who have helped families for more than thirty-five years. We have secured well over a billion dollars in recoveries, including record-setting verdicts for brachial plexus and cerebral palsy injuries. Our Essex Erb’s Palsy lawyers combine courtroom skill with genuine compassion, and we personally manage every significant decision on your case.
Our Baltimore-based practice, Schochor, Staton, Goldberg & Cardea, P.A., represents families throughout Maryland, across the United States, and, through UK partner firms, families in Essex who need an experienced advocate. We build every claim in consultation with obstetric, neurologic, and life-care experts so juries understand both the medicine and the life-long cost of a preventable injury.
What Is Erb’s Palsy, and How Does It Occur?
Erb’s Palsy is a birth injury that damages the upper brachial plexus nerves controlling a baby’s shoulder and arm. The condition affects roughly 2-3 infants per 1,000 births and can leave a child with lasting weakness, limited range of motion, or complete paralysis.
Most cases arise when excessive traction, forceps, or vacuum devices are used to free a baby’s shoulder during shoulder dystocia. Timely cesarean delivery or gentle obstetric maneuvers usually prevent the injury. Because proper care avoids undue nerve stretching, many instances of Erb’s Palsy stem from medical negligence.
Early treatment, physical therapy, Botox, or surgery, helps about 80-90 percent of infants recover considerable function. Permanent cases, however, require a lifetime of therapy, adaptive devices, and vocational support.
What Birth Injuries (Common and Uncommon) Can Lead to a Claim?
Erb’s Palsy rarely exists in isolation. The Essex brachial plexus injury lawyer team at our firm often sees related or concurrent injuries:
- Brachial plexus injury (general) – stretching or tearing of neck-to-arm nerves.
- Cerebral palsy – brain damage from oxygen deprivation during labor.
- Hypoxic-ischemic encephalopathy (HIE) – severe oxygen loss causing cognitive delay.
- Fractures of the clavicle or humerus – frequently accompany shoulder dystocia.
Less common but equally serious errors include:
- Cephalohematoma – scalp bleeding linked to forceps or vacuum use.
- Caput succedaneum – diffuse head swelling from prolonged labor.
- Horner’s syndrome – facial droop from cervical nerve trauma.
- Spinal cord injury – rare but devastating vertical extraction error.
- Klumpke’s Palsy – lower brachial plexus injury causing hand paralysis.
Mentioning these rare outcomes shows the breadth of our medical-legal insight and underscores why families benefit from seasoned Essex birth-injury attorneys at Schochor, Staton, Goldberg & Cardea.
How Can an Essex Erb’s Palsy Lawyer Help My Family?
A skilled lawyer provides immediate clarity and long-term strategy. We collect prenatal charts, fetal heart tracings, delivery notes, and neonatal assessments to determine whether caregivers deviated from accepted standards. Our in-house nurses synthesize thousands of pages of data, while independent obstetricians, pediatric neurologists, and life-care planners translate complex science into clear testimony.
Essex Erb’s Palsy attorney Jonathan Schochor then builds a liability narrative, identifying doctors, midwives, or hospital trusts responsible, while Essex Erb’s Palsy attorney Kerry Staton quantifies full economic and non-economic losses. Families receive emotional support as well as legal counsel; we shoulder the paperwork, insurance negotiations, and expert costs so parents can focus on their child’s therapy.
When UK clients qualify, we coordinate with solicitors to offer “no win, no fee” funding, ensuring families are never out-of-pocket for pursuing justice.
What Steps Are Involved in Filing an Erb’s Palsy Claim?
The process starts with a free, no-obligation consultation. We review timelines, answer questions, and explain likely outcomes. After engagement:
- Evidence Collection – hospital records, operative reports, fetal monitor strips, and imaging are obtained and reviewed.
- Expert Screening – obstetric, neonatal, and neurosurgical experts confirm breach of duty and causation.
- Pre-Action Protocol
- UK claims – we draft a detailed Letter of Claim to the relevant NHS trust, triggering a three-month response period.
- Maryland claims – we file a certificate of merit and follow mediation rules under the Health Care Malpractice Claims Act.
- Negotiation – most cases settle after disclosure of reports; we present life-care plans and wage-loss analyses to justify compensation.
- Litigation – if talks stall, the Essex brachial plexus injury attorneys at our firm file suit in the High Court (UK) or circuit court (MD).
- Resolution – mediation, trial, or structured settlement. Claims typically resolve within two to five years, depending on complexity and defense posture.
Statutes of limitation matter. In England, a child generally has until age 21. In Maryland, it is three years from discovery yet never later than a child’s eleventh birthday. Acting early preserves evidence and options.
What Compensation and Damages Can an Erb’s Palsy Claim Provide?
Compensation is tailored to a child’s lifetime needs. Typical categories include:
- Medical expenses – surgeries, therapy, orthotics, adaptive equipment, and future revisions.
- Pain and suffering – recognition of physical limitations and emotional hardship.
- Loss of earning capacity – projected wages reduced by functional impairment.
- Special care costs – home modifications, mobility vans, specialized schooling, and personal aides.
- Parental services – recompense for time mothers and fathers devote to daily care.
Neither UK clinical-negligence law nor Maryland malpractice law allows punitive damages, so our Essex Erb’s Palsy attorneys focus on maximizing compensatory recovery to secure lifelong support.
What Can I Do If I Suspect Negligence Caused My Child’s Erb’s Palsy?
Parents should act quickly. First, ask the obstetric team direct questions such as, “Was my baby’s shoulder stuck?” and “Why was a cesarean not performed sooner?” Second, arrange an immediate evaluation with a pediatric neurologist; early intervention significantly improves outcomes.
Third, request complete maternity and neonatal records, including electronic fetal monitoring strips. Fourth, keep a journal of appointments, therapies, and expenses. Finally, consult the Essex birth injury attorneys at Schochor, Staton, Goldberg & Cardea for a detailed case review and guidance on next steps.
We also connect families with support groups such as the UK Brachial Plexus Injury Group to foster community and practical assistance.
What Local Resources and References in Essex Should Families Know?
Essex families often deliver at Basildon University Hospital, Southend University Hospital, Broomfield Hospital in Chelmsford, Princess Alexandra Hospital in Harlow, or Colchester Hospital. Complex pediatric follow-up may occur at London tertiary centers reached via the A13, A12, M25, or M11.
Clinical negligence proceedings commonly begin with NHS Resolution and, if unresolved, proceed to the High Court in London. Recent UK data list 159 Erb’s Palsy negligence claims nationwide between 2017 and 2023, a reminder that affected parents are not alone. Local Patient Advice and Liaison Services (PALS) officers can also address immediate hospital-care concerns.
Why Choose Our Essex Erb’s Palsy Attorneys Over Other Options?
Families facing lifetime care costs deserve proven advocates. Essex Erb’s Palsy lawyer Jonathan Schochor is repeatedly named “Lawyer of the Year” by Best Lawyers in America for medical malpractice, while Essex birth-injury attorney Kerry Staton holds multiple record verdicts for obstetric negligence. Our firm funds every case up front, assembles premier experts, and prepares for trial from day one, an approach that consistently drives high-value settlements.
Because we limit caseload, clients receive direct attorney access, weekend updates, and clear answers in plain English. We stand beside parents at school plan meetings, insurance hearings, and mobility device fittings, advocacy that extends beyond the courthouse.
Frequently Asked Questions (FAQs)
How much time do we have to start a claim?
In the UK, a child generally has until the age of 21. In Maryland, most claims must begin within three years of when parents first knew or should have known that an injury might be due to negligence.
Do we pay fees if we lose?
For UK clients, we arrange no-win-no-fee representation with after-the-event insurance. In Maryland we advance all costs and collect nothing unless we recover for you.
Will filing affect my child’s NHS care?
No. An NHS trust must continue treatment irrespective of a pending claim.
Take the Next Step Toward Securing Your Child’s Future
Your child deserves every opportunity to thrive. The Essex Erb’s Palsy attorneys at Schochor, Staton, Goldberg & Cardea will listen to your story, explain your rights, and fight for the resources your family needs. Call us at (443) 909-2792 or complete our secure form for a free, confidential case review today.