Families facing an Erb’s palsy diagnosis need proven advocates. Jonathan Schochor and Kerry Staton have spent 40 years fighting for children harmed in Maryland delivery rooms. Our Baltimore-based team at Schochor, Staton, Goldberg & Cardea, P.A., has secured more than $1 billion for birth-injury clients and is deeply familiar with Meritus Medical Center and Washington County procedures.
We bring in-house nurses, life-care planners, and pediatric neurologists to every Erb’s palsy case, and we are proud to be named to Super Lawyers and listed among Best Lawyers in America We offer a free consultation with no fee unless we win, providing personal, compassionate service because we see the human story behind the medical charts. To learn more, call (443) 909-2792 or click the Contact Us page to schedule a free consultation.
What Is Erb’s Palsy, and How Does It Happen?
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a newborn’s shoulder and arm. The nerves are stretched or torn when too much force is applied to the neck during birth.
Common delivery scenarios include:
- Shoulder dystocia with a large baby (macrosomia)
- Breech presentation or prolonged labor
- Improper use of forceps or vacuum extractors
- Failure to convert to an indicated C-section
Most obstetric teams can prevent these injuries with maneuvers such as McRoberts positioning or early surgical intervention. When those safeguards are ignored at facilities like Meritus Medical Center, lifelong harm can result.
Is Erb’s Palsy the Same as Cerebral Palsy?
Erb’s palsy and cerebral palsy are distinct conditions. Erb’s palsy is nerve damage in the neck and shoulder, while cerebral palsy stems from a brain injury.
Related injuries include:
- Klumpke’s palsy – affects lower brachial plexus and hand
- Total brachial-plexus palsy – entire arm
Both conditions are often preventable with proper obstetric care. Children can improve with therapy, but families deserve compensation when negligence is involved.
What Other Birth Injuries Can Occur During Delivery?
Our Washington County birth-injury attorneys handle a wide spectrum of delivery-room errors.
Common injuries we litigate:
- Cerebral palsy resulting from hypoxic-ischemic encephalopathy (HIE)
- Skull or brain hemorrhages
- Clavicle or humerus fractures
- Facial nerve damage
Uncommon but serious cases:
- Kernicterus from untreated jaundice
- Klumpke’s palsy and total plexus injuries
- Placental abruption complications
- Severe shoulder dystocia sequelae
- Intrauterine infections leading to neurologic harm
Can Erb’s Palsy Be Prevented?
Most Erb’s palsy injuries are preventable when medical teams follow standard protocols. Proper fetal monitoring, timely C-section decisions, and gentle delivery techniques protect the brachial plexus.
If a provider uses excessive traction or delays operative delivery, that breach of duty may be malpractice. Our Hagerstown Erb’s palsy lawyers analyze every record to determine whether negligence occurred.
Who Can Be Liable for an Erb’s Palsy Injury?
Liability depends on who controls the delivery process. Potential defendants include the attending obstetrician, assisting nurses or midwives, and the hospital or birthing center itself.
We gather:
- Delivery-room notes and electronic fetal monitor strips
- Staff communication logs
- Pediatric neurology assessments
Maryland plaintiffs must prove duty, breach, causation, and damages. Our Hagerstown birth-injury attorneys prepare every case for trial under the state’s contributory-negligence rules.
What Compensation Can Hagerstown Families Recover?
We pursue every dollar your child needs to thrive. Damages may include:
- Past & future medical expenses: physical and occupational therapy, orthopedic surgery
- Adaptive equipment and home modifications
- Pain, suffering, and diminished quality of life
- Parents’ lost wages while caring for the child
- The child’s reduced future earning capacity
Our life-care planners calculate lifetime costs so insurers cannot undervalue your claim.
How Long Do You Have to File an Erb’s Palsy Lawsuit in Maryland?
Maryland’s statute of limitations is five years from the date of injury or three years from discovery, whichever comes first. For minors, the deadline is three years after the injury is discovered but no later than the child’s 21st birthday.
Evidence fades quickly, so prompt legal action is critical for Hagerstown families.
How We Handle Your Erb’s Palsy Case
Our process starts with a free, confidential consultation. We work on a contingency fee, so you owe nothing unless we win.
- Investigate: obtain Meritus records, interview staff, and consult medical experts.
- Evaluate: in-house nurses and economists project lifelong care costs.
- Advocate: Jonathan Schochor and Kerry Staton prepare every case for court to maximize settlement value.
While we battle insurers, you can focus on your child’s recovery.
What Should You Do If Your Child Has Erb’s Palsy?
Parents can protect their rights with a few decisive steps:
- Secure pediatric follow-up and keep all medical records.
- Document every expense and therapy session.
- Write down the names of Meritus or clinic staff present at delivery.
- Contact an experienced Hagerstown Erb’s palsy attorney quickly.
We stand ready to answer your questions and outline your legal options.
Frequently Asked Questions (FAQs)
Do Most Children Fully Recover?
Mild injuries often improve with therapy, but severe avulsions may cause permanent disability. Compensation ensures lifelong support.
How Much Does It Cost to Hire You?
Nothing up front. We advance all costs and collect a fee only if we obtain a recovery.
Will We Need to Go to Court?
Many cases settle, but our reputation as trial lawyers helps secure higher offers. We prepare every claim as though a jury will decide it.
Every child deserves the chance to reach their full potential. When preventable medical errors in Hagerstown rob a newborn of full arm function, our team will not let the injustice stand.
Your next step is simple: call us at (443) 909-2792 or fill out the secure form for a free, confidential consultation. We will explain your options, answer every question, and begin the work of securing the resources your child needs to thrive. The sooner you reach out, the sooner we can start pursuing justice for your family.