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 (410) 234-1000 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.
