Our Germantown Erb’s Palsy attorneys understand that a single delivery room mistake can reshape an entire childhood. This page explains the condition, shows how negligence plays a role, and details how we, Jonathan Schochor, Kerry Staton, and the birth-injury team at Schochor, Staton, Goldberg & Cardea, P.A., fight for Montgomery County families.
Call (443) 909-2792 or request your free, confidential consultation today. Our Germantown Erb’s Palsy attorneys are ready to fight for your child’s future the moment you reach out.
Why Choose Our Germantown Erb’s Palsy Attorneys?
Our experience and empathy set us apart. For more than 40 years, Jonathan Schochor and Kerry Staton have litigated complex birth-injury claims across Maryland. We have recovered life-changing awards for parents while guiding them with kindness and clarity.
We deliver compassionate support when parents feel overwhelmed. Our lawyers shoulder the paperwork, evidence gathering, and insurer negotiations so caregivers can focus on therapy sessions and doctor visits.
Clients trust us.
“Schochor, Staton, Goldberg and Cardea provided me with a team of litigators who were extremely knowledgeable and always willing to listen to my concerns, respond to emails and answer calls to ensure I understood all aspects of the case. With Schochor, Staton, Goldberg and Cardea you receive exactly what’s needed…expert representation with integrity and professionalism at a time when you need it most.” – Stephanie D.
Personalized attention is standard. Germantown families speak directly with an attorney, not a case manager, because complex medical-legal questions deserve a lawyer’s ear.
Although our main office is in Baltimore, we routinely meet clients in Germantown. Virtually, at their home, or within a quick drive down I-270. Convenience should never block justice.
What Is Erb’s Palsy and How Does It Affect Newborns?
Erb’s Palsy is a brachial-plexus nerve injury that weakens or paralyzes a baby’s shoulder, arm, and hand.
Typical signs include an arm that hangs limp, a weak grasp, or the classic “waiter’s-tip” position. Parents often notice the baby cannot lift the upper arm but can wiggle fingers.
Roughly 80 %–90 % of infants improve with early physical therapy, yet about one in ten suffers lasting impairment that may require nerve-graft surgery and lifelong accommodation.
Untreated or severe cases can lead to muscle atrophy, limited range of motion, and emotional challenges as a child grows. Early diagnosis and aggressive therapy are therefore critical.
Common Causes of Erb’s Palsy in Newborns
Delivery-room trauma is the primary culprit.
- Shoulder dystocia-a baby’s shoulder lodges behind the pelvic bone-demands delicate maneuvers. Excessive traction can tear nerves.
- Improper forceps or vacuum extraction concentrates force on a fragile neck. If traction is misapplied, the brachial plexus can stretch or rupture.
- Breech presentation puts arms in awkward positions; rough extraction or a delayed decision to perform a C-section amplifies risk.
- Excessive pulling or twisting by hurried staff during a prolonged labor can damage nerves.
Underlying risk factors magnify danger: high birth weight, maternal diabetes, or prolonged second stage. When doctors anticipate these issues and follow protocol, most injuries are preventable. Failure to do so points toward negligence.
Uncommon Scenarios That Still Cause Erb’s Palsy
Even rare events can injure a newborn’s brachial plexus.
- Cesarean-section traction-in unusual cases, a wedged infant requires lateral force that injures nerves despite a surgical delivery.
- Undiagnosed cephalopelvic disproportion-attempting vaginal birth when the baby cannot safely pass the pelvis leads to traumatic extractions.
- Pitocin over-stimulation-hyper-intense contractions push the baby into unsafe positions and rush staff decisions.
- Postnatal mishandling-delayed fracture diagnosis or rough immobilization worsens a mild nerve injury.
- Combined injuries-simultaneous clavicle fracture and Erb’s Palsy complicate recovery and raise compensation needs.
Our Germantown birth-injury lawyers have managed each scenario, demonstrating that no medical error is too rare to investigate.
How to Tell if Medical Negligence Caused Your Child’s Injury
Medical negligence is a breach of the accepted standard of obstetric care.
Parents should ask: Were obvious risk factors ignored? Did staff pull forcefully or misuse delivery instruments? Did caregivers downplay weak-arm symptoms after birth? “Yes” answers suggest substandard care.
Our attorneys secure complete medical records and enlist OB/GYN experts to pinpoint deviations, such as a chart noting shoulder dystocia without proper maneuvers-showing the injury was avoidable.
Evidence often reveals that babies delivered under similar circumstances rarely suffer nerve damage, reinforcing preventability. Seeking a legal opinion provides answers and accountability.
How a Germantown Erb’s Palsy Lawyer Helps Your Family
A dedicated birth-injury lawyer handles every legal hurdle.
- Investigation: We gather delivery notes, fetal-monitor strips, and nurse statements, then consult pediatric neurologists to map the injury timeline.
- Establishing fault: We prove duty, deviation, direct cause, and damages. Our meticulous approach turns medical jargon into clear courtroom narratives.
- Building the claim: Experts explain how proper technique or an earlier C-section would have avoided injury; economists project lifetime care costs.
- Negotiation and trial: We negotiate aggressively with hospital insurers or present compelling stories to Montgomery County juries.
- Contingency fee: Families pay nothing upfront-fees come only from a successful recovery.
Throughout the case, we provide steady communication and compassionate guidance, demystifying each step so parents never feel alone.
Potential Compensation in an Erb’s Palsy Malpractice Case
Compensation depends on injury severity, costs, and legal caps.
- Economic damages: Surgery, therapy, adaptive equipment, and future medical care are fully recoverable without cap.
- Non-economic damages: Pain, suffering, and loss of life quality are subject to Maryland’s 2025 cap of about $905,000.
- Parental losses: Lost income and home modifications are compensable when caregiving duties curtail employment.
Maryland settlements and verdicts for serious, permanent Erb’s Palsy have ranged from hundreds of thousands to several million dollars. Each case is unique; we evaluate precise value only after reviewing records and expert reports.
Statute of Limitations for Maryland Birth-Injury Lawsuits
Time limits are strict.
Maryland requires a lawsuit within five years of the injury or three years from discovery, whichever comes first. In birth-injury cases, the practical deadline often expires when the child turns five.
These rules override the usual personal injury timeline for minors, so delaying can forfeit rights. Early legal advice ensures all notices, arbitration filings, and expert certificates are completed on schedule.
Success Stories and Community Commitment
Our attorneys blend legal mastery with community care. Jonathan Schochor, recognized by multiple national trial lawyer organizations, and Kerry Staton, listed among Maryland’s top medical malpractice advocates, lead a team that has served countless Montgomery County families.
“Josh Kahn has shown an exceptional level of commitment and I am very grateful for his unwavering support. Kerry and Josh are trustworthy, knowledgeable and offer great guidance, making them the best team I could have had by my side. They were committed to get the best possible outcome and they delivered. Highly recommended.” – Laetitia M.
We support local parent groups and participate in hospital safety initiatives because safer births benefit every Germantown neighborhood, from Churchill Village to Kingsview Village.
Contact a Germantown Erb’s Palsy Lawyer Today
Scheduling help is simple. Call (443) 909-2792 or complete our contact form for a free, confidential consultation. Our attorneys are available 24/7 and can meet virtually, at your home near Middlebrook Road, or wherever is easiest for you.
There is no obligation. Let us explain your options, pursue accountability, and secure the resources your child deserves. You have endured enough uncertainty, allow Schochor, Staton, Goldberg & Cardea, P.A. to fight for justice while you focus on your child’s healing.